1. APPLICATION OF CONDITIONS
- 1.1 These conditions apply in respect of the provision of the Event (including the Services and any Additional Services) by V-FORCE to the Participant under the Agreement. The Agreement (incorporating these conditions) constitutes the entire agreement and understanding of the parties relating to the Event and supersedes any previous agreement or understanding between the parties in relation thereto (including without limitation any other terms and/or conditions stipulated, incorporated or referred to by the Participant). In entering into the Agreement, the parties have not relied upon any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in the Agreement.
- 1.2 No modification or amendment to the Agreement shall be effective unless in writing and signed by the CEO of V-FORCE. Any Additional Services must be specified in writing with reference to the Agreement and signed on behalf of both parties.
2. PARTICIPANT SAFETY
- 2.1 By making a booking for a V-FORCE Event, the Participant confirms they are aware of and understand the nature of the performance driving activities provided as part of the Event and acknowledges that, despite V-FORCE taking all reasonable precautions, accidents can happen which could involve injury or death.
- 2.2 Each Participant must attend the safety briefings provided by V-FORCE’s Representatives and agrees to abide by and comply with any request or instruction made by or on behalf of V-FORCE on the grounds of safety whether it be the safety of the Participants or some other person or on any other reasonable grounds. The opinion of V-FORCE and its Representatives shall be final as regards any matters of safety and the Participant agrees to abide by such opinion howsoever expressed.
- 2.3 The Participant acknowledges that, as a condition of participation in any on-track activity (and otherwise as reasonably required by V-FORCE) all Participants shall be required to sign a registration form including without limitation a declaration that the Participant is aware of the nature of the activity and the risks involved.
- 2.4 V-FORCE may in its absolute discretion refuse admission to any Participants if in the opinion of V-FORCE or any Representative(s) a Participant is or may be behaving against the interests of safety and/or whose behaviour is likely to cause damage, nuisance or injury or is acting in a manner which will or may in the opinion of V-FORCE or any Representative(s) lead to a disruption of Services the Participant will at the request or instruction of V-FORCE or its Representative immediately leave the Venue for the remainder of the Event day, without liability to V-FORCE or any Representative. V-FORCE may suspend all activities at the Event without liability until any request or instruction to leave has been fully complied with. V-FORCE’s Representatives may also conduct security searches to ensure the safety of customers and other persons at the Venue.
- 2.5 All Participants must have sufficient command of the English language in order that they understand instructions given to them in the safety briefing and whilst driving.
3. DRIVING LICENCES
- 3.1 Prior to being allowed to drive at an Event, each driver must show the signing-on staff a full and valid UK driving licence. If it is not produced the participant will not be allowed to drive.
4. HEALTH, AGE, PHYSICAL AND SIZE RESTRICTIONS
- 4.1 All Events in our website have certain age, legal, health, physical and size restrictions. These are detailed on the relevant website pages and the information sheets that accompany your voucher. However, if they are not listed or if you are in any doubt as to participant suitability, please call us for advice before booking. We are not responsible, and the cost of the Event is non-refundable where these restrictions have been breached.
- 5.1 V-FORCE holds public liability insurance to an amount of cover limited to £10,000,000 for any one accident/occurrence and unlimited in aggregate.
- 5.2 The Client is responsible for taking out adequate insurance cover against cancellation, abandonment or postponement of the Event.
- 5.3 If requested by V-FORCE the Client shall supply to V-FORCE full details of any insurance it has in place applicable to the provision of the Services or Additional Services to the Client and/or the Client’s use of the Venue on the Event Date.
6. FAILURE TO ATTEND
- 6.1 In the event that you fail to attend the day your entire ‘Experience’ will be forfeited. We cannot be held responsible for traffic delays. Please make sure you have the correct location address for your experience before making your journey.
7. WEATHER & FORCE MAJEURE
- 7.1 V-FORCE Events can run in all but the most extreme of weather conditions, however in the event of severe weather we advise you to call the V-FORCE team before setting out on the day.
- 7.2 If V-FORCE is unable to perform or delayed in performing any of its obligations under this Agreement by reason of any circumstances, cause or event outside its control including (without limitation of the generality of this Clause) compliance with any law or governmental order, rule or restrictions, adverse weather, flood, fire, disease, war or terrorist activity, riot, commotion, acts of God, strikes, lock-outs or other industrial action, breakdown of plant, machinery or any failure of gas, water service, electricity or similar supplies, V-FORCE shall be entitled to be relieved of its obligations under this Agreement without liability to the Client, to the extent to which performance of the obligations is prevented, frustrated or suspended.
8. MECHANICAL BREAKDOWN
- 8.1 In the event of a breakdown or where a vehicle is deemed unsafe for use, substitute vehicles may be drafted in. We reserve the right to cancel days where, due to mechanical breakages, the Event would be unsafe to run. We will re-schedule another day, subject to our availability. We cannot be held liable for any costs incurred.
- 9.1 Full payment is required at the time of booking. We are unable to reserve places or make provisional bookings. We reserve the right to cancel any order where full payment has not been received within credit terms or where payment has defaulted. Any vouchers/places issued in these circumstances become void without further notice and we cannot be held liable for any costs incurred.
10. AVAILABILITY AND BOOKING A DATE
- 10.1 All Events are offered subject to availability and it may be necessary to book a date for certain Events well in advance due to demand. We are unable to make provisional reservations.
- 10.2 The issue of a Gift Card voucher does not constitute the confirmation of a particular date and you must refer to the information sheets within your voucher pack to book a date.
- 10.3 You are advised not to make travel, hotel or other arrangements until your booking has been confirmed. If you arrive at a venue without first obtaining a booking confirmation you may be turned away. We cannot be held liable for any costs incurred in these circumstances.
11. CANCELLATION AND DATE CHANGES
11.1 The Event Date can only be changed from that specified in the Agreement at V-FORCE’s entire discretion. If the Agreement is terminated by any act, error or default of the Client (including without limitation non-payment of the Total Fee) or the Client cancels or postpones the Event at any time between the time of booking and the Event Date, then the Client shall pay to V-FORCE the following amounts, dependent on when termination occurred or the cancellation or postponement is announced:
(a) 56 days or more prior to the Event Date – 30% of the Total Fee;
(b) between 14 and 55 days prior to the Event Date – 50% of the Total Fee;
(c) between 8 and 13 days prior to the Event Date – 75% of the Total Fee; and
(d) 7 days or less prior to the Event Date – 100% of the Total Fee.
11.2 The amounts stated in condition 11.1 represent a genuine pre-estimate of the loss suffered by V-FORCE as a result of cancellation or postponement of the Event by the Client and are not penalty fees. The payment of such amounts shall be without prejudice to any other rights or remedies available to V-FORCE.
12. GIFT VOUCHER EXPIRY INFORMATION
- 12.1 Gift Vouchers must be redeemed by the date shown. Gift Vouchers purchased directly through V-FORCE Ltd can be extended for a further 12 months at a fee of £30.00 (must be arranged prior to the expiry date). Gift Vouchers purchased via any agent are bound by the terms of the agent.
13. EVENT DESCRIPTIONS AND PRICES
- 13.1 All descriptions and illustrations on the website are intended to present merely a general idea of the Event and should not form part of the contract. All information, prices and claims are correct to the best of our knowledge at the time of going to press and are valid until December 31st 2020. We reserve the right to amend information or prices relating to products in this brochure/website without notice. All prices include V.A.T. at the standard rate unless otherwise stated.
14. SUPPLY OF EVENTS
- 14.1 We plan arrangements for your Event many months in advance. Very occasionally changes may be made and we reserve the right to do so. This may involve having to reschedule the timing and/or location of an Event, possibly at short notice, owing to unavailability, booking numbers, safety, technical problems or other factors beyond our control. We cannot be liable for any costs incurred in any of these circumstances. We will try to provide an alternative wherever possible and a credit to be used against another event will be provided. This does not apply to the cancellation or suspension of an event due to force majeure (see below).
15. COURSE CONTENT
- 15.1 We reserve the right to make changes to Event contents without notification. All details of our Events are as accurate as possible but we reserve the right to substitute equivalent alternatives in all cases without notice and without liability. Session lengths are given as an indication only and normally you will be taking turns with other members of the public. We are not responsible for any increase or decrease in session lengths and cannot be held liable for any costs incurred in these circumstances.
- 15.2 In the unlikely instance of any session not being completed, the maximum compensation available is limited to the net cost of the element not completed. This sum is at our discretion.
- 16.1 The easiest way of resolving complaints is to address them on the day. The event staff will endeavour to put things right immediately. If your complaint cannot be resolved locally, please inform us of any complaint you might have relating to any Event featured in our website by emailing to our Customer Services Department via email@example.com. We always look to improve the service we offer. If you have any thoughts for improvements, please email firstname.lastname@example.org
17. CORONA VIRUS (COVID-19) SAFETY MEASURES
- 17.1 Any Participants or guests who have COVID-19 symptoms are kindly requested to inform the V-FORCE team as early as possible so an alternative date can be booked.
- 17.2 Under no circumstances should anyone with COVID-19 symptoms attend any V-FORCE events.
- 17.3 All participants and guests will be required to comply with the V-FORCE COVID-19 safety measures including the use of PPE in accordance with the latest direction from the UK Government.
- 17.4 All staff will wear PPE and conduct safety measures in accordance with the latest direction from the UK Government.
18.1 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under the Agreement or by law be deemed to be or construed as a waiver of, or operate so as to bar the enforcement of, that or any other right, power, privilege, claim or remedy at any time or times subsequently.
18.2 The Agreement is not assignable or otherwise transferable. A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Agreement. The Agreement shall be governed by and construed in all respect in accordance with the laws of England. The parties to the Agreement irrevocably submit to the exclusive jurisdiction of the English courts in relation to any dispute arising from the Agreement.