1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Booking: your booking with RaceDriver.me;
1.1.2 Contract: the contract between RaceDriver.me and the Participant for the Scholarship in accordance with these Terms;
1.1.3 Scholarship: the assessment and scholarship experience provided by RaceDriver.me and supplied to Participants pursuant to these Terms and the Booking;
1.1.4 Fees: the fees payable by you to Racedriver.me in respect of the Scholarship;
1.1.5 Force Majeure Event: any act or event beyond RaceDriver.me’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;
1.1.6 Loss: has the meaning given in clause 11.1;
1.1.7 Material: has the meaning given in clause 13.2;
1.1.8 Participant/you: the person purchasing from RaceDriver.me;
1.1.9 RaceDriver.me/we/us/you: RaceDriver.me Limited (company number 11976697) whose registered office is at 82 High Street, Golborne, Warrington, England, WA3 3DA; and
1.1.10 Vehicle: the vehicle allocated to you and provided by RaceDriver.me for the purposes of a Scholarship.
1.2 Where use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
1.3 Any reference to “you”, the “participant”, “individual” and “entrant” shall mean the competitor taking part in the Scholarship.
2.1 These are the terms and conditions which govern the use of a Vehicle as part of the Scholarship. Please ensure that you read them carefully and check that the details on the Booking and in these Terms are complete and accurate before you submit a Booking. If you think there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid confusion.
2.2 These Terms and the Booking constitute the whole agreement between you and us.
2.3 When you submit a Booking, this does not mean we have accepted it. Our acceptance will take place as described in clause 2.4. If we are unable to provide a Vehicle or Scholarship, we will inform you of this in writing.
2.4 These Terms will become binding on you and RaceDriver.me when we issue a written acceptance of a Booking, at which point a contract will come into existence between you and us.
2.5 If any of these Terms conflict with any term of the Booking, the Booking will take priority.
The prizes for the 2019-2020 RaceDriver.me Limited Scholarship are set out in the Booking.
4.1 RaceDriver.me will provide 6 race dates in 2020 as the prize in club level motorsport. You will then receive 1 qualifying and 3 races in the BTCC Ginetta GT4 Supercup series in 2021. You agree to completing all 6 races in 2020 to ensure you receive a signature on your licence. Failure to do so, means a 7th race may be chargeable unless it is a technical fault identified by the race team in their absolute discretion. We will not be held liable for any failure to be able to upgrade to the relevant licence for the Ginetta GT4 Supercup based on any condition except that of a technical issue with the car, in which case we will provide a 7th race to secure the licence upgrade.
4.2 Any decision by the MSUK not to issue any National B licence or National A will be result in the prize being forfeited by the individual winner. The winner will not receive a cash alternative or a lower prize. Decisions by the MSUK are independent of RaceDriver.me Limited and are between the winner and the MSUK.
4.3 The winner of RaceDriver.me Limited is final and the entrant accepts this upon placing a booking and paying for a Scholarship.
4.4 RaceDriver.me Limited reserves the right to determine and or amend any stage of the assessments, any locations, amend or cancel any dates or any criteria set for the Scholarship as they see fit for the operation of the Scholarship. Any such change will be supplied with as much notice as is reasonably possible, but we will not be held liable for any costs, losses or liabilities relating to such changes.
4.5 The location of your Scholarship will be as provided in your welcome pack. You may be given a choice of location and or dates subject to RaceDriver.me (Location).
4.6 You must ensure that you arrive before your scheduled time. If you do not, you could miss your allocated driving time and RaceDriver.me may not be able to reschedule that driving time. In these circumstances, RaceDriver.me will use all reasonable endeavours to re-schedule your Scholarship for an alternative date but you acknowledge that the same Vehicle or Location may not be available.
4.7 Your Booking allows you to only use the Vehicle for the purposes of the Scholarship at the specified Location. You must not remove the Vehicle from the Location.
4.8 At the end of your Scholarship, you must return the Vehicle to RaceDriver.me’s nominated representative at the agreed time at the Location or by the instruction of the marshals at the Location.
You acknowledge that any advice or recommendation given by us, our subcontractors, employees or agents which is not confirmed in writing by us, is followed or acted upon entirely at your own risk. Accordingly, we shall not be liable for any such advice or recommendation which is not so confirmed.
6. Fees and payment
6.1 The Fees are as set out on our website and are payable at the time of placing a Booking, unless we agree otherwise and are for each individual round. There are 3 progressive rounds followed by a quarter final round, semi-final round and main final round. Payment is required for each individual round.
6.2 All Fees are payable in full without deduction, counterclaim or set-off in cleared funds to the bank account specified by us by debit or credit card only and time for payment shall be of the essence of the Contract.
6.3 Payment is made via credit or debit card by clicking on the ‘Sign Up’ page.
6.4 All amounts payable by the you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT) which shall be payable by you in addition at the prevailing rate.
6.5 If you fail to make a payment due on its due date, then, without limiting our other rights and remedies, you shall pay interest at 4% above the Bank of England’s base rate on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.
7. Accidents, damage AND insurance
7.1 Insurance and or damage waivers are not compulsory for you to take out. It is your responsibility should you wish to ensure that you wish to carry appropriate insurances and protection to cover your use of a Vehicle.
7.2 You irrevocably undertake and agree that:
7.2.1 the Vehicle used in the Scholarship has high value;
7.2.2 if any damage occurs to the Vehicle (whether mechanical or otherwise) whilst under your control, you will be responsible for the full cost of repair or replacement; and
7.2.3 it is your responsibility to decide to insure and accordingly, we advise you to obtain and take out appropriate insurances to cover your use of the Vehicle during a Scholarship. Use of a Vehicle as part of a Scholarship is entirely at your own risk. If you fail to take out appropriate insurance, you will be responsible for all costs, losses and damage at full replacement value.
8. DRIVING LICENCE
8.1 You must hold a full and current UK (or equivalent) driving licence as at the date of this Contract. You must bring the originals of both parts of your driving licence with you and produce them when attending your first day of the Scholarship. You will not be allowed to proceed without a valid driving licence.
8.2 Any medical costs or process required to attain any licences are the responsibility of the entrant, RaceDriver.me will not pay for these, only the standard application fee.
9. Health & Safety
9.1 By submitting the Booking, you:
9.1.1 acknowledge that performance driving can be dangerous, and you accept that by participating in the Scholarship that there may be risk of personal injury, death, loss or damage to yourself, to others or to property by participating in a Scholarship;
9.1.2 accept that whilst all reasonable care is taken, we cannot accept any liability for any injuries, loss, or damage caused as a result of your participation in the Scholarship and your participation is entirely at your own risk;
9.1.3 acknowledge that neither we, nor any of our subcontractors have any responsibility for assessing your capability to participate in a Scholarship. You further release us and our representatives from any and all claims or liabilities we may have to you or others in that respect;
9.1.4 warrant that you are physically and mentally fit and able to participate in the Scholarship and have obtained all required consents and clearances from your GP to participate in the Scholarship;
9.1.5 warrant that all information supplied by you to us will be accurate and complete and that we may rely upon such information;
9.1.6 warrant that you do not have any medical condition(s), disability or health condition that may limit the safe control of the Vehicle;
9.1.7 warrant that you are in good health and with good eyesight and hearing;
9.1.8 shall notify us immediately of any changes to any of your details or circumstances, (including but not limited to, name, contact details and medical conditions); and
9.1.9 you have not consumed any alcohol or drugs prior to your Scholarship, which may affect your ability to participate in the Scholarship.
9.2 You will be required to sign appropriate medical statement or disclaimer on or prior to the day of your Scholarship. By registering you agree to the collection of this information. Whilst we do not accept any responsibility for checking your capability of participating in an experience, if we or any of our representatives feel that you are not fit to participate in a Scholarship, you will be notified of that and you will not be allowed to participate. You acknowledge and agree that this is for your own safety and as a result, no refunds will be given.
9.3 You further warrant that you have read and understood all literature and other information relevant to the Scholarship that RaceDriver.me have provided you with.
9.4 You are the only person entitled to drive the Vehicle on the Scholarship. You must not allow any other party to drive the Vehicle.
9.5 RaceDriver.me reserves the right to refuse participation in the Scholarship to any person suspected of being under the influence of alcohol and/or drugs or behaving in a way that RaceDriver.me, in its absolute discretion, considers to be inappropriate.
9.6 If you have an existing medical condition (physical or mental disability, injury or heart condition) you shall notify RaceDriver.me before placing a Booking.
9.7 You hereby release and discharge RaceDriver.me, its employees, agents and officers from any and all claims and liabilities howsoever arising that you might have against RaceDriver.me, the Location and any other participant and you make this release on your own behalf and your heirs, executors and administrators.
9.8 You further agree to fully indemnify and keep indemnified RaceDriver.me, its employees, agents and officers against any and all losses, claims, liabilities made against, suffered or incurred by RaceDriver.me in respect of your participation in the Scholarship.
9.9 You accept that any medical costs and process required to attain any of the race licences are your responsibility.
9.10 You agree to fully indemnify and keep indemnified RaceDriver.me, its employees, officers and agents in respect of all losses, claims, costs, liabilities they may suffer or incur as a result of your failure to comply with this clause 9.
10.1 The RaceDriver.me Limited scholarship is not transferrable in full or in part.
10.2 RaceDriver.me will provide 6 race dates in 2020 as the prize in club level motorsport and then 1 qualifying session and 3 races in the BTCC Ginetta GT4 Supercup in 2021.
10.3 The prize(s) of the scholarship are set out in the Booking.
10.4 Any decision by the MSUK not to issue any National B licence or National A will be result in the prize being forfeited by the individual winner. The winner will not receive a cash alternative or a lower prize.
10.5 In relation to clause 8.4 above, decisions by the MSUK are independent of RaceDriver.me Limited and are between the winner and the MSUK.
10.6 The winner of RaceDriver.me is final and the entrant accepts this upon paying and entering the scholarship.
10.7 You understand that RaceDriver.me reserves the right to remove you from the Scholarship at any point without notice if it deems your behaviour on track or off track is dangerous. In the event this happens, you agree to forfeit any payments, charges and stages.
10.8 Any participant or spectators not following the instructions of RaceDriver.me staff or track staff will be removed from the Scholarship.
10.9 You agree to completing all 6 club level races to ensure you receive a signature on your licence. Failure to do so may result in a 7th race being chargeable provided it is not a technical fault identified by the race team.
10.10 You understand that by participating in the Scholarship, you will not bring RaceDriver.me or the Scholarship into disrepute at any stage using any form of social media or in print and you will be held liable for any damages brought by RaceDriver.me.
10.11 It is your responsibility to notify RaceDriver.me if you do not meet the terms and conditions of the Scholarship programme at any stage.
10.12 You agree to notify RaceDriver.me Limited when asked to do so of any MSUK Circuit Licence status.
11. SAFETY, RISK AND DISCLAIMER
11.1 You must attend any pre-Scholarship briefing carried out by the circuit organisers, RaceDriver.me or any of the team at the relevant Location and comply with any instructions given at that briefing at all times during the Scholarship. If you do not understand or accept any such instructions, you must clarify them before driving the Vehicle. If you do not attend any such briefing, you will not be allowed to participate in the Scholarship.
11.2 If you decide not to obtain appropriate waiver cover, you are still able to participate in the scholarship however, you may cancel the Contract before the start of the Scholarship under the terms of 15.0. We shall be entitled to deduct from any refund due to you, the amount of all administrative and associated costs, losses and expenses incurred or suffered by us as a result.
11.3 You must wear suitable clothing and if required you must wear a safety helmet during the Scholarship which will be provided free of charge by RaceDriver.me.
11.4 If you are legally required to wear glasses or contact lenses for the purposes of driving, you must wear your glasses or contact lenses throughout the whole of your Scholarship.
11.5 RaceDriver.me will require your signature on a registration form before participation in any Scholarship is allowed.
11.6 You understand that RaceDriver.me does not carry appropriate insurance cover relating to you or the Vehicle when you are in control of that Vehicle. You also understand that RaceDriver.me advises all clients, without exception to obtain appropriate independent insurance cover from a reputable insurance provider.
11.7 You accept that it will be solely your responsibility as to the driving of any Vehicles or karts whilst on track and that in doing so, it will be your judgement and not that of RaceDriver.me to participate in the Scholarship in a safe manner. Any injury, loss or death incurred will be at the responsibility of those affected and not of RaceDriver.me.
11.8 You agree to fully indemnify and keep indemnified RaceDriver.me, its employees, officers and agents in respect of all losses, claims, costs, liabilities they may suffer or incur as a result of your failure to comply with this clause 11.
12.1 In exceptional circumstances if RaceDriver.me deems that you are unable to
12.1.1 adhere to any applicable safety rules;
12.1.2 remain in full control of the Vehicle; or
12.1.3 behave in an appropriate and acceptable manner,
the session may be curtailed immediately at RaceDriver.me’s discretion.
12.2 Any decision made by RaceDriver.me in respect of any aspect of safety arising during the Scholarship shall be accepted by you without question. In addition, RaceDriver.me reserves the right to stop you from participating in the Scholarship if you make contact with another vehicle or are involved in an accident.
13. SOCIAL MEDIA, IMages and video
13.1 You acknowledge that images and/or video will be taken during the Scholarship by us, our representatives or other participants for our promotion or the promotion of events. You acknowledge that we have no control over images and/or videos taken by participants who may use such images in the public domain.
13.2 By registering for a Scholarship, you are giving consent to us and grant us a licence to take and use images, videos and any other form of media from a Scholarship and that any such images, videos or other media may be used by us or our representatives on any social media or other media platform, which you acknowledge may be made available to the public.
13.3 You acknowledge that:
13.3.1 once images or videos are in circulation or have been published, it may be impossible to remove them; and
13.3.2 it is not our responsibility to remove the images or videos, save for any videos or images on our website or social media platforms.
13.4 If you (or any person attending as your guest) take any photographic or recording images (Material) this Material may only be used for personal use. Any use of such Material for promotional, marketing or other commercial purposes is prohibited and you shall indemnify RaceDriver.me its agents, employees and officers for all losses, claims, expenses, costs and liabilities suffered by them as a result of your failure to comply with this clause.
14.1 RaceDriver.me will not be liable for any loss of any kind, injury or damage, howsoever caused, to you, your property or any person attending with you as your guest (Loss). 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 our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services and for defective services under the Consumer Protection Act 1987.
14.2 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, but we are not responsible for any loss or damage that is not foreseeable.
14.3 We are not liable for business losses. We supply the Scholarship for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 RaceDriver.me will not be held liable for any failure to be able to upgrade to the relevant licence for the Ginetta GT4 Supercup based on any condition except that of a technical issue with the car, in which case RaceDriver.me will provide a 7th race to secure the licence upgrade.
14.5 Without prejudice to the foregoing, RaceDriver.me excludes to the maximum extent permitted by law any liability for such Loss. Any liability on the part of RaceDriver.me shall be limited to the face value of the Scholarship. RaceDriver.me reserves all rights in relation to any damage which is caused or contributed to by you to any third party or property, and you agree to fully indemnify RaceDriver.me and its parent and subsidiary companies and their respective officers or employees from and against all and any claims which arise, as a consequence of your reckless and/or negligent conduct whether during the Scholarship or otherwise.
14.6 RaceDriver.me will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by a Force Majeure Event.
14.7 Under no circumstances will RaceDriver.me accept any liability for any articles that may have been left in the Vehicle during or at the end of the Scholarship.
14.8 All food and drink provided by RaceDriver.me consumed by you or by those who attend to watch on behalf of you, do so at their own risk.
15.1 RaceDriver.me reserves the right to cancel the Scholarship at any time if the weather conditions or your behaviour make the Scholarship or your use of a Vehicle unsafe in any way or if the Scholarship is made unsafe for any other reason including any Force Majeure Event as determined by RaceDriver.me acting in its absolute discretion.
15.2 A Scholarship is offered subject to availability of dates, vehicles, facilities and the weather or other Force Majeure Events. As such RaceDriver.me cannot guarantee that a particular date, session or Vehicle will be available or that the Scholarship will not be cancelled due to extreme adverse weather conditions or other Force Majeure Events. If extreme adverse weather conditions or other Force Majeure Event prevents you from being able to have your Scholarship, you will be able to re-book your Scholarship for a later date/time. Please note that you must contact us by e-mailing RaceDriver.me at email@example.com within 14 days of your cancelled date to rebook the Scholarship. The Scholarship must be booked and taken within 3 months of the original cancelled date. RaceDriver.me do not have to offer you an alternative date or time under this clause if you fail to contact us and re-book within the timescales specified above.
15.3 RaceDriver.me reserves the right to cancel your Booking at any time by giving you written notice. If we exercise our right to cancel your Booking, we will provide you with an alternative date or location for your Booking.
15.4 You may cancel at any point before the start of the Scholarship by contacting RaceDriver.me. If you cancel within the first 14 days after making the Booking and you have made any payment in advance, RaceDriver.me will refund these amounts to you in full, less any administrative costs or expenses incurred as a result of such cancellation. A standard cancellation fee per each individual item booked will apply of £49 as a minimum. After the initial 14 day period, no refund will be given.
16. Changes to Booking or terms
16.1 RaceDriver.me may revise these Terms to reflect any changes in how RaceDriver.me accept payment or any changes in relevant laws and regulatory requirements.
16.2 If RaceDriver.me have to revise these Terms, we will give you at least 14 days’ written notice of any changes to these Terms before they take effect. You can cancel the contract in this time by giving written notice to RaceDriver.me in accordance with clause 15.4 for a full refund less any costs reasonably incurred up to the point of cancellation. If cancellation is made outside of this 14 day notice period, no refund will be given.
16.3 Any change will be supplied with as much as reasonable notice as possible and RaceDriver.me will not be held liable for such changes.
16.4 The latest version will be signed by you on the day of the activity should any changes occur. Signing them on the day of the activity confirms that you have reviewed and agree to the revised terms and conditions.
17. Information about us and how to contact us
17.1 RaceDriver.me are a company registered in England and Wales. Our company registration number is 11976697 and our registered office is at 82 High Street, Golborne, Warrington, England, WA3 3DA.
17.2 You can contact RaceDriver.me by e-mailing RaceDriver.me at firstname.lastname@example.org.
17.3 If you wish to contact RaceDriver.me in writing, or if any clause in these Terms requires you to give RaceDriver.me notice in writing (for example, to cancel the contract), you can send this to RaceDriver.me by e-mail to RaceDriver.me will confirm receipt of this by contacting you in writing. If RaceDriver.me have to contact you or give you notice in writing, we will do so by e-mail you provide in the Booking.
18. How we may use your personal information
18.1 RaceDriver.me will use the personal information you provide to RaceDriver.me to:
18.1.1 provide the Scholarship;
18.1.2 process your payment; and
18.1.3 inform you about similar products or services that RaceDriver.me provide, but you may stop receiving these at any time by contacting RaceDriver.me.
18.2 You agree that RaceDriver.me may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
18.3 RaceDriver.me will not give your personal data to any other third party.
19. Other important terms
19.1 RaceDriver.me may transfer its rights and obligations under these Terms to another organisation and will always notify you in writing if this happens, but this will not affect your rights or RaceDriver.me’s obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if RaceDriver.me agree in writing.
19.3 This contract is between you and RaceDriver.me. No other person shall have any rights to enforce any of its terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them or any part or parts of any paragraphs are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 Your statutory rights are not affected by these Terms.
19.6 If RaceDriver.me fail to insist that you perform any of your obligations under these Terms, or if RaceDriver.me do not enforce RaceDriver.me rights against you, or if RaceDriver.me delay in doing so, that will not mean that RaceDriver.me have waived RaceDriver.me rights against you and will not mean that you do not have to comply with those obligations. If RaceDriver.me do waive a default by you, RaceDriver.me will only do so in writing, and that will not mean that RaceDriver.me will automatically waive any later default by you.
19.7 These Terms are governed by English law. You and RaceDriver.me both agree to submit to the non-exclusive jurisdiction of the English courts.