Satellite navigation updates

The consumer’s issue:

“When I purchased the car, I asked about updating the satellite navigation system, and I was told that the updates would be done free of charge when the service was carried out (I have a service plan which I pay for monthly). I was also told that, as an alternative, I could update the satellite navigation myself and I was provided with an SD card for this purpose. I confirmed this information on the manufacturer’s website, and also when I booked the vehicle into the dealership for its first service.

However, when I took the vehicle in for the service, I was informed that there would be a yearly charge to myself of over £150 to update the satellite navigation. I complained to the manufacturer and they responded by saying that their website was incorrect and I would have to pay the fee. I therefore complained to the dealership and was offered a free update on this occasion. I complained again to the vehicle manufacturer and received an offer of two further free updates. I believe that I should receive free updates for life as this was offered at the point of sale. The manufacturer admitted the website was incorrect, and this has now been altered, but they claimed that it did not specify free updates for life and I have no proof of that this isn’t the case. I am also unable to update the satellite navigation myself even though that’s what it said on the manufacturer’s website.”

The accredited business’ response (the vehicle manufacturer):

  • The customer made us aware of her concerns with regards to not being able to update her satellite navigation system on her vehicle free of charge, and she indicated to us that the our website showed that this was the case.
  • Our website did not state for how long the updates would be free of charge or to which particular vehicles these applied to. The customer’s vehicle is exempt from the updates due to the model of satellite navigation which the customer’s car uses.
  • As a goodwill gesture, we offered to honour the free update at the time of the customer’s complaint, and we subsequently offered a further two updates free of charge.
  • Our website has now been amended to specify the satellite navigation systems which the free updates apply to.

The adjudication outcome:

  • The customer’s complaint was partially upheld by the adjudicator on the basis that advertising must not be misleading under The Motor Ombudsman’s New Car Code of Practice.
  • The manufacturer’s website did not specify which satellite navigation models were or were not included for the updates and there were no terms and conditions on the offer.
  • Therefore, the adjudicator felt that it was reasonable for the consumer to have believed her vehicle would have been included in the updates.
  • The adjudicator could not verify that the consumer was told that the updates would be free for life, and therefore recommended that the manufacturer provide free updates for five years, rather than for life as the consumer had requested.

Conclusion:

  • The vehicle manufacturer and consumer accepted the outcome which was recommended by the adjudicator, and the case was closed.