PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT YOUR ORDER TO US. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO PARTICIPATE IN ANY OF OUR RACE EXPERIENCES.
1. Who we are and how to contact us
1.1 We are Techtrak Racing Limited (“Techtrak”, “we”, “us”, “our”). Our company registration number is 11731886 and our registered office is at The Jam Pot Phoenix Brewery, 13 Bramley Road, London, United Kingdom, W10 6SP.
1.2 If you have any questions, complaints or requests, you can contact us by telephoning +44 (0)1628 565 552 or by emailing us at email@example.com.
1.3 If we need to contact you we will do so by telephone or via email.
1.4 When we use the words “writing” or “written” in these terms, this includes emails.
2. Are you a business or a consumer?
2.1 We offer our services to both individual and corporate clients. Some of these terms will only apply to one or the other. Where this is the case, we will make it clear which terms apply to you as either a business or a consumer. You are considered:
(a) a consumer if you are an individual and you are placing an order with us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession);
(b) a business if you are placing an order with us on behalf of a company (i.e. for colleagues, employees or clients).
3. Our Services
3.1 The racing experience services we offer are set out in further detail on our website [at www.techtrak.co.uk] and the services that we will provide to you (the “Services”) will be as set out in your order confirmation.
3.2 The Services may be provided to you in connection with a number of racing experience contexts (each a “Race Experience” for the purposes of these terms), including (but not limited to) the following:
(a) an individual driver attending a track day (or a number of track days);
(b) a group of drivers attending a track day (or a number of track days); and
(c) the hire of a single car or multiple cars for an entire track (or test) day.
3.3 Please note, the images on our website are for illustrative purposes only and (although we will agree in advance all material elements of the Services to be provided to you) the appearance of certain elements the Services (for example, the colour and livery of the car(s) and the design and type of helmets and overalls) may vary.
4. Requirements of you
4.1 In placing your order, receiving the Services and participating in the Race Experience you hereby confirm that:
(a) you are over 18 years of age;
(b) you hold a valid UK driving licence (other driving licences may also be acceptable, please contact us using the details at clause 1.2);
(c) you will not consume or be under the influence of alcohol or any intoxicating substance while participating in the Race Experience ;
(d) (if you intend to participate in an official test day during your chosen Race Experience) you hold a valid ARDS and racing licence;
(e) you will comply fully with any instructions (whether issued in writing, verbally or otherwise) of Techtrak and/or the Track Provider (defined at clause 5.1 below);
(f) you will comply at all times with these terms and act in accordance with the Waiver(defined at clause 6.5 below); and
(g) you will not participate in the Race Experience if you know or have reason to suspect that your ability to do so safely and properly may be in any way compromised by illness, lack of adequate rest or any other physical or mental condition.
5. Third Party Track Providers
5.1 We will use one or more of our selected third party racing track providers (each a “Track Provider”) in connection with providing the Services to you. Please note, it is common for the racing track owner to be a separate entity to the racing track hirer and, in such circumstances, each would be a Track Provider in respect of your Race Experience.
5.2 You must at all times comply with the rules and instructions of the Track Provider(s) (including observing any safety instructions and executing any necessary further documentation issued to you by the Track Provider(s)) and we shall have no liability to you in any circumstances to the extent such liability arises out of any non-compliance with a Track Provider’s rules or instructions.
5.3 We shall not be liable to you and you shall not be entitled to any refund in the event a Track Provider (or your track day instructor) decides that you are unfit to continue driving (for example, in the event you are deemed likely to cause damage or injury to the track, other cars, other drivers and/or spectators and staff at the track).
5.4 We shall not be liable to you if we are unable to provide the Services or any part of the Services to you due to the default of a Track Provider except to the extent that you will be entitled to a refund of all (or part, as appropriate) of any sums that you have paid to us for the Services.
6. Our contract with you
6.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Our contract with you will be subject to these terms. If you have any questions about these terms, please contact us using the details set out at clause 1.2. If you do not accept these terms and conditions you will be unable to receive the Services and participate in the Race Experience.
6.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this as soon as it is practicable for us to do so and we will not charge you for the Services requested.
6.3 Holding your place. Once your order has been accepted, you must make payment in full within 48 hours. If we do not receive payment in full within 48 hours, we may cancel your order and offer the Race Experience to someone else.
6.4 Short notice bookings. In the event that you wish to place an order for a Race Experience to take place within 30 days following the date of your order, you must make payment in full at the time of your booking.
6.5 Prior to your participation in the Race Experience, you will also be required to sign:
a) a personal liability waiver and insurance excess agreement (“Waiver”) in which you agree to waive certain rights to claim against us and agree to pay the insurance excess in the event that a car is damaged while you are driving it. This may be provided to you together with these terms or otherwise in advance you driving a race car during the Race Experience and you should ensure (seeking legal advice if necessary) that you fully understand its terms before signing; and
b) any documentation as may be reasonably required by the Track Provider(s) including (but not limited to) a further waiver in which you will waive certain rights to claim against the relevant Track Provider, a commitment that you will comply with the Track Provider’s rules and instructions and an acceptance that you may be liable for damage caused by you during your use of the racing track.
7. Our right to make changes to the Services and these terms
7.1 We may change the Services:
a) to reflect any changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements, for example, to address a security threat.
In the event that such changes may materially affect your use or enjoyment of the Services, we will contact you as soon as it is practicable to do so.
7.2 In addition, we may make more significant changes to these terms or the Services, but if we do so we will notify you and offer you the opportunity to end the contract and receive a refund for any Services paid for but not received.
8. Providing the Services
8.1 When we will provide the Services. We will provide the Services and deliver your chosen Race Experience (as agreed and set out in your order) to you on your chosen date(s) as agreed with you and set out in your order.
8.2 We are not responsible for delays outside our control. If our supply of the Services is (or becomes likely to be) hindered or delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the event. Provided we do this we will not be liable to you save where such circumstances are known to us prior to the Race Experience. Where this is the case you may be entitled to end the contract and receive a refund for Services you have paid for but not received. You acknowledge and agree that no refund will be due to you in the event of a Race Experience being hindered or delayed due to adverse weather conditions or track-related events on a Race Experience itself.
8.3 Replacement cars. In the event that a car being used by you breaks down during the Race Experience, we will use all reasonable endeavours to provide you with a similar replacement car. You acknowledge that, due to the nature of the Services and the racing cars we provide during Race Experiences, this may not be an exact match with the car you were using previously and accept that we will not be liable to you in the event that (despite our efforts) we are unable to provide a replacement car of the same type for you to use.
8.4 What will happen if you do not give required information to us. We may need certain information from you (for example, your driving licence or your ARDS and racing licence if you wish to take part in a test day) so that we can supply the Services to you. If this is required, we will notify you at the time of your order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) if we are prevented from carrying out the Services or charge you a reasonable sum to compensate us for any additional administrative (or other) work that is required as a result. We will not be liable for failing to supply the Services if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.5 We may also cancel your order if you do not make any agreed advance payments. If you do not make any agreed advance payment for the Services (and/or the Excess Deposit) when you are supposed to (see clause 11.2) and then you still do not make payment within 1 working day of us reminding you that payment is due we may cancel your order by written notice to you.
9. Your right to end the contract
9.1 You are entitled to end your contract with us for any reason set out at (a) to (d) below and the contract will end immediately. We will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 7.2);
(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) we have told you that there is a risk that supply of the Services may be significantly delayed or otherwise affected because of events outside our control; or
(d) you have a legal right to end the contract.
9.2 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, you can still end the contract before the (first) day of the Race Experience, but you may have to pay us compensation. To end the contract with us, please let us know using the contact details set out at clause 1.2 above. The contract will then end immediately and we will refund any sums paid by you for Services not provided within 14 days. We will deduct from that refund (or, if you have not made any advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract (including but not limited to any non-refundable payments made to the relevant Track Provider(s)).
10. Our right to end the contract
10.1 We may end the contract for the Services (or any part thereof) at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 1 working day of us reminding you that payment is due.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. Price and payment
11.1 Where to find the price for the Services. The price of the Services [(which includes VAT)] will be the price indicated on the order pages when you placed your order.
11.2 When you must pay and how you must pay.
(a) We accept payment by BACS transfer [and[•]].
(b) You must make an advance payment of [•]% of the total price of the Services on placing your order and pay the remainder of the total price of the Services at least 5 working days in advance of the (first) day of your Race Experience.
(c) We may also require you to pay an insurance excess deposit (“Excess Deposit”) to cover the insurance excess in the event that damage is done to the car(s) you are hiring as part of the Services. (Where we require advance payment) the Excess Deposit is payable in advance or when you arrive on the (first) day of your Race Experience. The amount of the Excess Deposit required will be determined by the car(s) you are hiring and the nature of the Race Experience you will be participating in and may be up to £5,000. The Excess Deposit is fully refundable in the event that no car used by you is damaged during your participation in the Race Experience. In the event that any car used by you is damaged we shall be entitled to retain the Excess Deposit (or any proportion of it required) to cover the relevant insurance excess payment. For the avoidance of doubt, we will not retain the Excess Deposit in the event that a car used by you suffers a mechanical failure (save where such failure is directly attributable to an act or omission on your part).
(d) Even if you do not pay an Excess Deposit, you will still be liable to pay an amount equal to any insurance excess payable by Techtrak (up to £5,000 depending on the car) should a car be damaged during the Race Experience whilst it is being driven by you.
11.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on any overdue undisputed amounts at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. Our responsibility for loss or damage suffered by you
12.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12.2 Subject to clause 12.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) (if you are a business) our total liability to you for all other losses arising under or in connection with these terms and/or any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under such contract.
12.3 If you are a consumer we only supply the Services for to you for domestic and private use. If you use any of the Services for any commercial or business purpose, our liability to you will be limited as set out in clause 12.2(b).
13. How we may use your personal information
14. Entire agreement
14.1 If you are a business customer these terms together with any documents referred to herein and your accepted order constitute the entire agreement between us in relation to your order for the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
15. Other important terms
15.1 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.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of these terms and/or the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.