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Event Terms and Conditions
Carlimits.com Shop Terms and Conditions
Gift Vouchers Terms and Conditions
Event Terms and Conditions [back to top]
1. Definitions and interpretation
1.1 The following terms shall have the following meanings for the purposes of this agreement:
1.1.1 ‘Car Limits’ means Car Limits Ltd;
1.1.2 ‘Client; means the person placing a booking with Car Limits
1.1.3 ‘Conditions’ means the provisions set out below which shall be incorporated into this agreement in their entirety;
1.1.4 ‘Notice’ means notice complying with the terms of clause 9.8;
1.1.5 ‘Payments’ means the amounts listed on Car Limits website, or other such publication, from time to time in force, subject to amendments at the absolute discretion of Car Limits;
1.1.6 ‘Services’ means the provision of driver training, activity days, circuit driver training or experience days ‘Event’ means such driver training, activity days, circuit driver training days, track days and experience days as provided by Car Limits
1.2 Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
1.3 All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.
2 The Contractor’s obligations
2.1 Services to be provided by Car Limits
Car Limits will provide such driver training, driving experience days, track days and/or activity days as required by the Client subject to the terms set out herein.
To comply with the terms of any Notice specifying a breach of the provisions of this agreement and requiring the breach to be remedied so far as it may be but nothing in this clause is intended to require the Client to serve notice of any breach before taking action in respect of it.
3 The Client’s obligations
In consideration of the services to be rendered by Car Limits under this agreement the Client agrees to make the Payments promptly without demand deduction or set-off.
4.1 The Client may cancel this agreement at any time 14 days before the date of the Event. In the event of cancellation or booking amendment more than 14 days before the Event, alternative dates may be booked.
4.2 In the event of cancellation or booking amendments less than 14 days before the Event, or failure to attend the event, you will forfeit your booking and Car Limits shall be entitled to retain the Payments.
4.3 Car Limits may cancel or amend an Event at any time. In the event that a cancellation or amendment is required, Car Limits will provide as much notice to the Client as possible of this cancellation or amendment.
4.4 Car Limits will not be liable to the Client for any losses or expenses they have incurred whatsoever as a result of the cancellation or amendment. For the sake of clarity, Car Limits will not be liable for any consequential losses as a result of any cancellation or amendment by Car Limits.
5 No liability on part of Car Limits unless Car Limits in default
The Client recognises that the Event may represent a hazardous activity and takes part in the event at their own risk. Save where the Client is acting as an individual or a consumer, as defined by the Consumer Credit Act 1974, Car Limits shall not be liable to the Client for death or personal injury or for the loss or damage to the Client’s property unless due to the negligence or other failure of Car Limits to perform its obligations under this agreement or under the general law.
6 Termination for breach
The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall then be determined in accordance with clause 8:
6.1 Failure on the part of the Client to make punctual payment of all sums due to Car Limits under the terms of this agreement.
7 Termination consequences
In the event of this agreement being determined whether by effluxion of time Notice breach or otherwise:
7.1 The Client shall immediately pay to Car Limits all arrears of Payments and any other sums due under the terms of this agreement
7.2 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding liabilities under this agreement notwithstanding that the other may have exercised one or more of the rights and remedies against it; and
7.3 Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the other’s conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.
All sums due from the Client which are not paid on the due date (without prejudice to the rights of Car Limits under this agreement) shall bear interest from day to day at the rate of 2% per month until judgment or sooner payment.
8.2 Force majeure
Car Limits shall be released from their obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond their reasonable control or the Client renders the performance of this agreement impossible whereupon all money due under this agreement shall be paid immediately and in particular the Client shall immediately pay to Car Limits all arrears of Payments.
If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable the remaining provisions of this agreement shall remain in full force and effect unless Car Limits in Car Limits’s discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event Car Limits shall be entitled to terminate this agreement by 30 days’ notice to the Client and the provisions of clause 9 shall apply accordingly.
8.4 Whole agreement
Each party acknowledges that this agreement and the Conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
8.5 Supersedes prior agreements
This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but without prejudice to any rights which have already accrued to either of the parties.
Any decision exercise of discretion judgment or opinion or approval of any matter mentioned in this agreement or arising from it shall be binding on a party only if in writing and shall be at its sole discretion unless otherwise expressly provided in this agreement.
8.7 Change of address
Each of the parties shall give notice to the other of the change or acquisition of any address or telephone telex or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.
All notices to be given under this agreement shall be in writing and shall either be delivered personally or sent by first class or airmail prepaid post or by telex, cable or facsimile transmission and shall be deemed duly served:
8.8.1 in the case of a notice delivered personally, at the time of delivery;
8.8.2 in the case of a notice sent inland by first class prepaid post, 2 clear business days after the date of dispatch;
8.8.3 in the case of a notice sent overseas by airmail, 7 business days (being business days in the place to which the notice is dispatched) after the date of dispatch; and
8.8.4 in the case of a telex, cable or facsimile transmission, if sent during normal business hours then at the time of transmission and if sent outside normal business hours then on the next following business day provided (in each case) that a confirmatory copy is sent by first class prepaid post or by hand by the end of the next business day.
Each notice shall be addressed to the address of the party concerned set out in this agreement or to such other address as that party shall have previously notified to the sender.
8.9 Proper law and jurisdiction
8.9.1 This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
8.9.2 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England and Wales.
8.9.3 The submission by the parties to such jurisdiction shall not limit the right of Car Limits to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.
8.9.4 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 9.8.
8.10 Third party rights
A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
9. Experience Day Agreement
I agree to take part in the experience which I understand can be dangerous. I agree to keep indemnified Car Limits, their officials, instructors, representatives and agents and any other persons using the facility, from claims of damage to property or myself or passengers however caused. I declare to the best of my knowledge and belief I possess the standard of competence necessary for this activity. Any provisions in this contract applying to the conduct of myself apply equally to any such friends or family.
I declare to the best of my knowledge and belief I am physically able to participate in the activity and I do not suffer from any permanent or temporary illness or disability that may affect my ability to take part. I am not currently taking drugs which may interfere with my ability to take part in this activity, and I am not under the influence of alcohol. I will not consume any alcohol from the time I sign this form until the completion of my activity.
I accept that no claim can be made against Car Limits in respect of the unavailability of the circuit for whatever reason. I understand that sometimes due to reasons beyond the control (eg. mechanical breakdown) of Car Limits my activity may have to be cancelled or suspended. If this happens every effort will be made to fix the problem as soon as possible and continue the experience. If this is not possible an alternative experience on that day will be offered by Car Limits or I will be re booked on the next available day.
I agree to listen to the briefing and all instructions given by my instructor and act on the advice given to me. I understand that in the event of an accident caused by myself, this will result in me being liable for the first £5000 of damage.
CarLimits.com Shop [back to top]
Prices and Payment
All prices and charges on this site are in UK pounds and include any VAT payable. We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
We accept payment by Mastercard, Visa, Delta, Switch and Solo. Payment is deducted when we process your order.
If you wish to return an item purchased please follow the procedures below:
If for any reason the goods do not meet your expectations you can return it to us in its original condition within 30 days of the date the item was despatched to you. The goods should be unopened (with any seals or shrink wrap still intact) and we will issue a full refund of the price you paid for the item, subject to a deduction for postage and packing and less a handling charge of 5%. This handling charge may be waived if left as a credit for a future event or purchase. We recommend for your own peace of mind that the goods are returned to us by recorded delivery. We will not accept responsibility for refunding any goods that are not received by us.
We will not make any refund for opened items unless they are either Damaged or Incorrect, policies relating to these items are as follows:
i) Damaged Goods
Should a product be damaged in delivery we will offer an identical or similar replacement within 7 working days (subject to availability) of the return of the damaged goods. In the event that an identical or similar replacement is not available, a full refund will be given. We would ask that you contact email@example.com within 2 days of delivery of the goods to advise that they are damaged.
ii) Incorrect Goods Delivered
We will offer an identical or similar replacement within 7 working days (subject to availability) of the return of the incorrect goods.
In order to claim a refund please contact firstname.lastname@example.org for full instructions.
Gift Vouchers [back to top]
Gift vouchers are valid for 6 months from the date of purchase. Gift Vouchers may be purchased from us for exchange against the cost of training.
Gift Vouchers are transferable. However their validity will not exceed 6 months from the date of their original purchase.
Gift vouchers are only available in respect of the full cost of the training. No change will be given if the cost of the training is lower than the amount paid for the Gift Voucher. The Gift Voucher will remain valid even if the cost of the Training exceeds the amount the Gift Voucher was paid for.
The above policy does not affect your statutory rights.
1st Lotus Driving School is part of Car Limits Ltd, registered company address: 5 Ducketts Wharf, South Street, Bishop's Stortford, Hertfordshire CM23 3AR. Please do not send correspondence to this address, please email us. VAT No. 826 6622 16.