ASTON MARTIN HERITAGE RACING EVENT BOOKING TERMS AND CONDITIONS FOR DRIVERS AND VIP HOSPITALITY
“Event” the Aston Martin Heritage Racing driving or hospitality experience detailed in the Event Booking.
“Event Booking” your booking of the Event via our site (as defined at clause 3.1 below).
“Fee” means the fee payable in respect of the Event which is due in full at the time of making the Event Booking.
“you” “your” means the person who has made the Event Booking and the person(s) named in the Event Booking as the driver or the individual receiving VIP hospitality in the Event.
“RGL” means Revolutionaries Group Limited (as further detailed below). “Terms” means the terms set out below.
“we”, “us”, “our” means RGL.
2. THESE TERMS
2.1 These terms. Please read these Terms carefully before you submit your order to RGL for the Event as they tell you about RGL, how RGL will provide the Event to you and how you may cancel your Event Booking, and other important information.
2.2 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. INFORMATION ABOUT OUR SITE AND RGL
3.1 Operator of the site. The website, through which you may make your Event Booking www.astonmartinheritageracing.com (“site”), is operated by RGL whose details are provided below.
3.2 Site issues. For any technical issues relating to our site please contact us by email at firstname.lastname@example.org
3.3 RGL is the provider and operator, on behalf of Aston Martin Lagonda Limited, of Aston Martin Heritage Racing track experiences and events, and is responsible for taking and processing your Event Booking via the site or via email. RGL’s details are set out below:
(a) Company registered in Monaco – under company number 1958624
4.3 Event Booking number. If your Event Booking is accepted we will assign a number to your Event Booking and will tell you what this number is in our email confirmation that we send to you when we accept your Event Booking. It will help us if you can tell us the Event Booking number whenever you contact us about your Event Booking.
4.4 If we cannot accept your Event Booking. If we are unable to accept your Event Booking, we will inform you of this by email and will not charge you for the Event. This might be because the Event is fully booked, because we have had to cancel the Event, because you do not meet the Driver Eligibility Requirements as set out below or, because we have not received payment of the required Fee (see clause 5.2 below).
4.5 Driver Eligibility Requirements. In order to participate in an Event as a driver you must meet the following requirements:
(a) Be aged 25 years or over at the time of the Event. RGL will consider making (at its complete discretion) exceptions for younger drivers, on a case by case basis and with evaluation of your previous driving experience. If you wish to participate as a driver in an Event and are under the age of 25 years at the time of the Event, please contact us prior to booking so we may review.
(b) Hold a driving licence which is valid for driving a motor vehicle on a public road within the country in which the Event is taking place, which you have held for a minimum of 5 years, and the original of which must be presented to RGL on the day of the Event, and you must have no prior or pending driving licence disqualifications.
(c) Have never been refused car insurance or had special conditions imposed.
(d) Be in good health and not suffering from any medical condition or disability which could adversely affect or limit your ability to control a vehicle during the Event including but not limited to epilepsy, heart conditions, uncorrected hearing or vision impairment.
(e) Be able to speak and read English and understand English speech to a level that enables you to participate safely in the Event. If you do not speak English and wish to participate in the Event, please contact us prior to booking to discuss these special requirements. We will notify you before accepting your Event Booking if we can supply an instructor in your own language.
(f) Sign the General Regulations of Motorsport UK and the Supplementary Driver Rules & Regulations as provided on our site here www.astonmartinheritageracing.com, prior to participating in the Event.
(b) Registered office – The Office, 17 Avenue Albert II, 98000, Monaco
3.4 How you may contact us. For all enquiries relating to your Event Booking please contact us by email at email@example.com.
3.5 How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the telephone number or email address provided to us in your Event Booking.
4. OUR CONTRACT WITH YOU
4.1 To book an Event with RGL. Please download, complete and return your booking form to us either via the site www.astonmartinheritageracing. com or, by email to firstname.lastname@example.org. You can find the booking form on our site www.astonmartinheritageracing.com or request a booking form by emailing us at email@example.com.
4.2 How we will accept your Event Booking. Our acceptance of your Event Booking will take place when we email you to accept it, at which point a legally binding contract will come into existence between you and us in respect of the Event Booking which incorporates these Terms. Please bring this e-mail confirmation with you to the Event.
(g) Sign the Declaration & Indemnity Form as provided on our site here www.astonmartinheritageracing.com and a copy of which will be given to you for signing at the Event, prior to participating in the Event. YOU WILL NOT BE ABLE TO PARTICIPATE IN ANY DRIVING AT THE EVENT WITHOUT HAVING SIGNED THIS DOCUMENT.
(h) Attend the safety briefing during your registration at the Event.
(i) In addition, where you are providing any vehicle(s) to drive in the Event (where the Event permits it) you must ensure such vehicle(s) are in good working order, safe, and in a suitable condition for use in the driving activities forming part of the Event and, unless the vehicle(s) is/are on-track only vehicle(s), must be road legal and capable of passing an MOT test, or equivalent test in territories outside the UK.
WE MAY END REFUSE TO ACCEPT YOUR EVENT BOOKING OR CANCEL YOUR CONTRACT IN THE EVENT THAT YOU FAIL TO MEET ANY OF THE ELIGIBILITY REQUIREMENTS.
There are no body size restrictions for participating in the Event however it is your responsibility to be satisfied at the time of making the Event Booking that you will be accommodated by the physical limitations of the Event vehicles. If the vehicle to be used is unable to accommodate you, you will not be entitled to any refund of the Fee.
Aston Martin Heritage Racing – Terms & Conditions 2019
5. PRICE AND PAYMENT
5.1 Where to find the price for the product. The Fee for the Event (which includes VAT) is shown on our packages and booking documentation as provided on our site www.astonmartinheritageracing. com and will be confirmed on the booking form when you make your Event Booking.
5.2 Payment of the Fee. The Fee is payable in full when making the Event Booking. If we do not receive payment of the Fee in full for any reason, we will contact you to advise you and request that you make prompt payment of the Fee. If we still do not receive payment within 7 days of us reminding you that payment is due, we may reject your Event Booking or, if we have already accepted your Event Booking, end the contract as described at clause 11.1(a).
5.3 When you must pay and how you must pay. We accept payment by bank transfer to a bank account nominated and advised by us during your booking of the Event.
5.4 What to do if you think an invoice is wrong. If you think you have paid the incorrect amount, please contact us promptly to let us know using the contact details provided at clause 3.4.
5.5 Changes to prices. We reserve the right to change any of the prices of our events advertised on our site without prior notice save that if we need to change the Fee after you have made an Event Booking, we will notify you of this change, and if you do not wish to accept the change you can either withdraw your Event Booking where we have not yet accepted your booking or, where we have already accepted your Event Booking, you can contact us to end your contract before the Event takes place and receive a full refund of the Fee (see clause 9.1(a)).
6. THE EVENT
6.1 Description of the Event: The images used, description of the Event, availability and any timings for the start, finish and duration of the Event given on the site, or in any Event materials, are given as a guide only and these may vary or change for the actual Event. You acknowledge that here may be some waiting time involved in-between activities within the Event.
6.2 Changes to format/content. We may make changes to the advertised format or content of the Event without notice or liability to you, to reflect changes in relevant laws and regulatory requirements and in order to improve the Event.
6.3 Significant changes: If we intend to make significant changes to the Event following our acceptance of your Event Booking, we will notify you and if you do not agree with such change you may then contact us to end the contract before the Event takes place and receive a refund of the Fee (see clause 9.1(b)).
6.4 Circuit layouts: The circuit layout advertised on our site or other Event materials may change as the circuit is owned and managed by a separate entity. If this happens, we will do our best to let you know as soon as possible.
7. PROVISION OF THE EVENT
7.1 Performance: We will provide the Event on the date(s) set out in the Event Booking subject to the Terms below.
7.2 We are not responsible for cancellations for events outside our control. We will not be liable to you in the event that we need to cancel the Event due to an event outside our control (including but not limited to adverse weather, theft of vehicles, cancellation of our use of the circuit for the Event by the circuit owner, civil commotion or riots, acts of terrorism, natural disasters, interruption or failure of utility service, governmental restrictions, non-performance of suppliers or sub-contractors, labour or
trade dispute, strikes, industrial action, collapse of buildings, fire, explosion or accident). If we do need to cancel the Event we will contact you as soon as possible by email to let you know. You will be able to re-book the Event for a later date at no additional Fee (unless it is a different event). If you are unable to make an alternative date for the Event you may cancel your contract and we will refund you the Fee in full (see clause 9.1(c)).
7.3 Accidents & breakdowns involving you. If a vehicle being driven by you is involved in any incident which makes the vehicle unusable, we will, where the vehicle is an Event vehicle (and not your own) see if there is another vehicle that can be used, but where there is no alternative Event vehicle available or the incident involved your own vehicle, you will not be entitled to any refund of the Fee. In the event of a mechanical breakdown of your own vehicle you will not be entitled to any refund of the Fee. In the event of a mechanical breakdown of an Event vehicle through no fault of the driver, we will see if there is an alternative Event vehicle that can be used, and where there is no alternative Event vehicle available we will give you a refund of the Fee pro-rated to the amount of driving time that you missed due to the breakdown.
7.4 Delays due to accidents/incidents. There may be some delays during the Event due to on-track accidents/incidents. We will endeavour to deal with the accident or incident as quickly as possible. In the event that your driving time is significantly reduced due to any accident or incident in which you were not involved, we will give you a refund of the Fee pro-rated to the amount of driving time that you missed due to the accident or incident.
7.5 If you do not attend the Event. If you do not attend the Event, then unfortunately you will not be entitled to any refund of the Fee.
8. DRIVER PARTICIPATION IN THE EVENT
8.1 You must arrive and register for the Event at least 1 hour before the scheduled start time. It is essential that you arrive on time.
8.2 During the registration, but in any event before the activities commence, you must sign the Declaration & Indemnity Form and participate in the safety briefing. YOU WILL NOT BE PERMITTED TO PARTICIPATE IN THE EVENT WITHOUT MEETING THESE REQUIREMENTS.
8.3 You must wear at all times during the Event the wristband issued by RGL to indicate compliance with the Eligibility Requirements.
8.4 You will comply with RGL’s instructions and requirements for the Event (and/or those of the parties engaged by the RGL to deliver the Event), including the General Regulations of Motorsport UK and the Supplementary Driver Rules & Regulations, and the safety and track instructions and regulations, throughout the Event, and it is your responsibility to ensure that you have read these thoroughly prior to the start of the Event.
8.5 Where you are requested by RGL to wear specific safety clothing and equipment during an Event, you will comply with all such requests and with any regulations as may be provided to you within your final Event instructions.
8.6 You must behave in a considerate, co-operative and safe manner during your participation in the Event.
8.7 You must not participate in the Event whilst under the influence of alcohol or drugs.
8.8 You must be in good health and not suffering from any medical condition or disability which could adversely affect or limit your ability to control a vehicle during the Event including but not limited to epilepsy, heart conditions, uncorrected hearing or vision impairment.
8.9 We have the right to remove you from an Event if: you fail to comply with our instructions or requirements for the Event (and/or those of
Aston Martin Heritage Racing – Terms & Conditions 2019
Page 2 of 5 the parties engaged by us to deliver the Event) including the General Regulations of Motorsport UK and the Supplementary Driver Rules & Regulations: you fail to comply with safety rules and track regulations; you are unable to remain in full control of the vehicle; you are behaving in a manner that we consider to be abusive, aggressive, inconsiderate and/ or unsafe; we suspect that you are under the influence of alcohol and/or drugs; we have reasonable grounds for suspecting you are not compliant with clause 8.8; or you fail to manage any co-driver that you bring to the Event as required under clause 8.15(b) in which event you and your co-driver may be removed from the Event.
8.10 You will comply with all instructions provided to you during the Event by the instructed Safety Operator. The Safety Operator will be responsible for assessing all safety aspects of your vehicle throughout the Event.
8.11 You will pay any costs or fines imposed by the circuit as a result of your driving, behaviour or the behaviour of any co-driver.
8.12 You must notify us immediately if you are concerned with the condition of any vehicle prior to or during driving.
8.13 No animals may be brought to the Event. Assistance dogs are only permitted with prior notification to us and our express agreement.
8.14 Where the Event involves your use of any vehicle(s) that you have provided:
(a) your vehicle(s) must be in good working, safe, and in a suitable condition for use in the driving activities forming part of the Event and, unless and unless the vehicle(s) is/are on-track only vehicle(s), must be road legal and capable of passing an MOT test, or equivalent test in territories outside the UK;
(b) your vehicle(s) must be capable of being towed off the circuit via at least one preferred tow point at either the front or rear of your vehicle(s);
(c) your vehicle(s) must not exceed the noise limit communicated to you prior to the Event; and
(d) you acknowledge and agree that we will not be inspecting your vehicle(s) for use in the Event and we do not give any warranty nor shall we have any liability with respect to the condition or suitability of your Vehicle(s) in respect of the Event,
and we have the right to exclude vehicles from use in the Event that we consider do not comply with the requirements set out at clauses 8.14(a), (b) and (c) and in such case you will be unable to participate in any driving activities and will not be entitled to any refund of the Fee.
8.15 Drivers may bring 1 co-driver to the Event subject to the following terms:
(a) all co-drivers must be 25 years or over. RGL will consider making (at its complete discretion) exceptions for younger drivers, on a case by case basis and with evaluation of the co-driver’s previous driving experience. If you wish for a co-driver to participate in the Event who is under the age of 25 at the time of the Event please contact us prior to booking so we may review.
(b) you will be fully responsible and accountable for your co-driver and their behaviour and must ensure that they: wear the required Event wristband at all times during the Event; comply with our instructions and requirements for the Event (and/or those of the parties engaged by us to deliver the Event) including the General Regulations of Motorsport UK and the Supplementary Driver Rules & Regulations, and with the safety rules and the track regulations; behave properly and not in a way that is abusive, aggressive, inconsiderate and/or unsafe; and are not under the influence of alcohol and/or drugs during the Event; and
(c) where you are providing a vehicle for driving during the Event, you may have 1 co-driver with you in such vehicle subject to such co-driver signing our Declaration Indemnity Form before entering the track area.
8.16 You will not be entitled to any refund of the Fee simply because you did not enjoy the experience or did not progress as you had expected.
8.17 We and Aston Martin Lagonda Limited, would like to use static images and/or audio-visual content taken at the Event which may include your image and likeness. Please see a copy of our Image/Likeness Consent, Release & Waiver at [insert URL] which we will provide to you at the Event and which you can sign if you agree to our and Aston Martin Lagonda Limited’s use of your image and likeness in the way described in such document.
8.18 The Event vehicles (not any vehicle(s) that you provide) will be fitted with 1x track camera and 1x in-car camera and data logging systems (V-BOX or equivalent). From time to time technical errors can occur with the footage which are outside of our control which can result in missing or corrupt footage. We shall not be liable for any such technical errors and missing or corrupt footage, and missing or corrupt footage shall not entitle you to any additional drives or to any refund of any part of the Fee.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you the Fee. The reasons are:
(a) we need to change the Fee after your Event Booking has been accepted and you do not agree with the change (see clause 5.5).
(b) we have told you about an upcoming significant change to the Event with which you do not agree (see clause 6.3);
(c) we have had to cancel the Event because of events outside our control and you are unable to attend the Event on an alternative date (see clause 7.2); or
(d) you have a legal right to end the contract because of something we have done wrong.
9.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind about your Event Booking within 14 days of the date that we send to you the email confirmation accepting your Event Booking (“Cooling-off Period”).
9.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of your Event Booking once we have provided the Event, even if the Cooling-off Period is still running.
9.4 Ending the contract where we are not at fault and there is no right to change your mind. If you want to end the contract before it is completed i.e. before the Event has been provided, where we are not at fault and you have not changed your mind within the Cooling-off Period (clauses 9.1 and 9.2), just contact us to let us know as described below at clause 10. The contract will then end immediately and, if you have ended the contract less than 28 days before the date of the Event or during the Event you will need to pay a cancellation fee of 100% of the Fee. However, if you have ended the contract 28 days, or more than 28 days, before the date of the Event we will refund to you 100% of the Fee.
The cancellation fees do not apply within the Cooling-off Period described at clause 9.2.
Aston Martin Heritage Racing – Terms & Conditions 2019
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please email us at firstname.lastname@example.org providing the following information:
(b) Event Booking reference number;
(c) date confirmation email of acceptance of order/booking received;
(d) your name;
(e) your address;
(f) your telephone number; and
(g) your email address.
Alternatively you can print off the Contract Cancellation Form at the end of this document and complete by hand and send the completed form to us by email at info@astonmartinheritageracing. com
10.2 How we will refund you. We will make any refund of all or part of the Fee due to you in accordance with these Terms within 14 days of the date that we receive confirmation from you that you wish to end your contract. We will use the same method of payment for this refund as you used in the original transaction, unless otherwise expressly agreed with you. In no case will you be charged for this refund.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for your Event Booking at any time if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Event;
(c) you fail to meet any of the Eligibility Requirements as described at clause 4.5; or
(d) we remove you from the Event under any of the circumstances referred to at clause 8.9.
11.2 How we will end the contract: we will notify of our decision to end the contact by email at which time the contract will come to an end, save with respect to clause 11.1(d) where our contract with you will come to an end automatically at the point that you are removed from the Event.
11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 you will be required to pay the cancellation charges as set out at clause 9.4 save that the periods of time referred to in that clause will apply with respect to when we end the contract.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 Risk: The nature of the Event means that there is personal risk involved in you participating in such Event and your booking of an Event with us confirmation that you are freely participating in the Event and acknowledge and accept the risk involved.
12.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in its delivery. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking
process. With respect to your participation in the Event, RGL and Aston Martin Lagonda Limited together with their associated companies, representatives, employees, officers, servants, suppliers, contractors and agents including any person involved at the Event (including any driving instructors) (together the “Released Parties”) will not be liable for: any loss of or damage to your property (including your own vehicle where you provide your own vehicle(s) to drive during the Event) or the property of any third party; your death or the death of any third party; or any injury to you or any third party, that may arise or result from your participation in the Event, unless such loss, damage, death or injury is caused by the fraud or fraudulent misrepresentation or negligence of the Released Parties.
12.3 Driver Declaration & Indemnity. If you are driving in the Event you must sign the Declaration & Indemnity Form during your registration at the Event. YOU WILL NOT BE ABLE TO PARTICIPATE IN ANY DRIVING AT THE EVENT WITHOUT HAVING SIGNED THIS DOCUMENT.
12.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes: liability for death or personal injury caused by negligence; liability for fraud or fraudulent misrepresentation; and liability for breach of your legal rights in relation to the Event.
12.5 Insurance coverage. You acknowledge that where you are driving an Event vehicle or a vehicle provided by you, during an Event, or if you instruct an Aston Martin professional driver to drive your own vehicle during an Event, our insurance shall not (subject to clause 12.4) cover your death, injury to you, or loss of or damage to your property (including your vehicle(s)), resulting from your driving activities during the Event, and that your standard road insurance is unlikely to cover such death, injury, loss and damage either. If you wish to be covered for such injury, loss and damage you should make your own arrangements for specific track insurance
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
14.3 Third party rights. Other than you and us, no person will have any rights to enforce these Terms. The rights of you and us to cancel or vary this contract are not subject to the consent of any other person.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Events in the English courts.
Aston Martin Heritage Racing – Terms & Conditions 2019