JAGUAR RACING HEART
Jaguar Land Rover Limited, of registered address Abbey Road, Whitley, Coventry, CV3 4LF ("Jaguar") agrees to provide the Track Experience subject to the following terms and conditions:
"Agreement" means these terms and conditions, including the Booking Form and Driver Indemnity Form, as may be amended as agreed by the Parties in writing from time to time;
"Confirmation" means the confirmation of booking which Jaguar will send to the Customer to confirm the booking of the Track Experience.
"Customer" means the individual or company booking the Track Experience;
"Track Experience" means the Jaguar Track Experience to be provided to the Customer, as detailed in Jaguar's Confirmation;
"Driver Indemnity Form" means the indemnity form to be completed by the Participant prior to participating in the Track Experience;
"Fees" means the total amount payable by the Customer in consideration of the provision of the Track Experience;
"Participant(s)" means the participant of the Track Experience;
"Parties" means Jaguar and the Customer, and "Party" shall mean either of them as the context so requires.
"Premises" means the specified venue at which the Track Experience booked by the Customer is to take place, as detailed in Jaguar's Confirmation;
"Vehicles" means the Jaguar motor vehicles to be driven at the Premises during the Track Experience.
2. FEES AND PAYMENT
2.1 The Fees must be paid in full at the time of booking the Track Experience. Payment must be made by credit card or debit card.
2.2 All payments due under this Agreement shall be made in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
2.3 Unless agreed otherwise in writing, payment of the Fees by the Customer shall be made in Pounds Sterling.
3. DRIVING EXPERIENCE
3.1 Subject to the payment of the Fees, Jaguar shall provide the Track Experience in accordance with the terms of this Agreement.
3.2 All Track Experiences will take place at the Premises, unless stated otherwise or agreed between the Parties.
3.3 Track Experience confirmations will be sent electronically to the Customer upon receipt of the Fees. If a Track Experience confirmation card is requested by the Customer, this will be sent by first class post to the delivery address nominated by the Customer following receipt of the Fees.
3.4 Customers and/or Participants must bring their confirmation email / card with them to the Track Experience.
3.5 Jaguar shall be responsible for arranging public liability insurance which is provided subject to certain terms and conditions.
3.6 Participants are permitted to bring guests to the Track Experience. Guests must remain in the Jaguar lounge and may enjoy the hospitality available.
4. TERMINATION AND CHANGES TO THE DRIVING EXPERIENCE
4.1 Jaguar shall notify the Customer in writing of any alteration to the Track Experience. If such amendment significantly alters the Track Experience, the Customer may cancel the booking by giving written notice of cancellation to Jaguar within 5 days of receiving notification of the alteration. In such circumstances Jaguar shall reimburse the Fees to the Customer and Jaguar shall be under no further liability to the Customer.
4.2 Jaguar reserves the right to cancel or alter the Track Experience if it is unable to perform its obligations under this Agreement due to war, an act of terrorism, strikes, industrial action short of a strike, import or export embargo, lockout, accident, fire, blockade, flood, natural catastrophe or other obstacle over which Jaguar has no reasonable control. In such circumstances, Jaguar shall be entitled to deduct any reasonable expenses incurred before reimbursing the Fees to the Customer. Jaguar shall be under no further liability to the Customer.
4.3 Jaguar may immediately terminate this Agreement without notice in the event that any Customer or Participant or the Customer's or Participant's respective employees, agents, contractors or invitees refuses to comply with the reasonable instructions of Jaguar's staff, vandalises or deliberately damages the Vehicles, Premises or any property located at the Premises, or behaves in an inappropriate or unacceptable manner. In such cases there shall be no reimbursement of the Fees or any other compensation due to the Customer.
4.4 In the event that the Customer wishes to cancel the Track Experience the following refund policy applies:
Cancellation with 10 working days' notice or less - no refund
Cancellation with between 10 working days' and four working weeks' notice - 50% refund.
Cancellation with more than four weeks' notice - full refund less a 10% administration fee.
4.5 Amendments to a booking will be treated sympathetically but no guarantee can be given to revise previous arrangements. Additional charges may be made to accommodate any changes to a booking. Any itineraries provided are given as an approximation and times may vary on the day. Vehicles are subject to availability and Jaguar reserves the right to change models from those previously advertised to support the Track Experience on the day.
5.1 Participants must:
5.1.1 be 28 years or over and have held a valid, current and full Driving Licence to drive a car upon public highways in the UK with no more than six penalty points, for a minimum of 5 years.
5.1.4 be physically and mentally fit to participate and have eyesight up to the standard required of a road driving test;
5.1.5 follow all reasonable and lawful instructions and other relevant rules;
5.1.6 ensure that, at any time whilst attending the Track Experience, they are not under the influence of alcohol or any drugs, which may impair alertness or driving ability
5.1.7 wear a safety restraint belt at all times;
5.1.8 complete and sign a Driver Indemnity Form before participating in the Track Experience;
5.1.9 produce their original driving licence and counterpart (if applicable) at the registration for the Track Day;
5.3 Jaguar reserves the right to exclude any Participant who does not comply with the above requirements or who is suspected of being under the influence of alcohol and/or drugs. In such cases there shall be no reimbursement of the Track Experience Fee.
5.4 Participants are required to check-in on the day of the Track Experience at least 30 minutes before the scheduled start time in order to receive the pre-drive briefing. Participants will not be permitted to commence the Track Experience if they have not attended the full pre-drive briefing.
6. DATA PROTECTION
6.1 For the purposes of the Data Protection Act 1998 ("the Act"), the Data Controller (as defined in the Act) in relation to the information supplied under this Agreement is Jaguar Land Rover Limited, Abbey Road, Whitley, Coventry, CV3 4LF. Jaguar will use any information collected about you to inform you about new products and services and to improve how we serve you. Your data will be treated in accordance with the Act. Your information will only be disclosed to Jaguar, its affiliated or associated companies, agencies, dealers or companies providing services for your benefit. If you wish to view, update or rectify the data you have voluntarily given us or if you do not wish to be contacted by Jaguar please contact the Jaguar Customer Relationship Management Centre on 0800 70 80 60.
7.1 Nothing herein shall be deemed to exclude liability for death or personal injury caused by negligence on the part of either Party.
7.2 The Customer shall fully indemnify and keep indemnified Jaguar for all liabilities, costs, expenses, damages and losses (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal and other reasonable professional costs and expenses) suffered or incurred by Jaguar arising out of or in connection with any act or omission of the Customer or the Customer's employees, agents, contractors or invitees including, without limitation, in relation to any breach by the Customer of its obligations hereunder.
7.3 The total liability of Jaguar to the Customer in respect of any claim, costs, expenses, damages or losses suffered or incurred by the Supplier as a result of any act or omission of Jaguar under this Agreement shall be limited to the amount of the Fees.
8. GENERAL PROVISIONS
8.1 The following items must not be brought onto the Premises by the Customer or the Customer's employees, agents, invitees or contractors without the prior written consent of Jaguar: flammable, combustible or objectionable substances or liquids; food/drink; fireworks; cameras; camcorders; any other substance or item which is likely, in Jaguar's reasonable opinion, to present a health and safety hazard or other risk to persons or property at the Premises
8.2 Refreshments will be available at all times during the Track Experience.
8.2 The Customer is responsible at all times for the safety and security of any items belonging to them or their employees, agents invitees, or contractors, and brought to the Premises by them. Jaguar will not in any circumstances be liable for any loss or damage to any such item howsoever arising.
8.3 Jaguar has the right to remove and dispose of any goods or articles left on the Premises after the Track Experience have been performed without any liability whatsoever.
8.4 Complaints - Any complaints in relation to a Track Experience should be made in writing and sent to Jaguar Land Rover Limited, Abbey Road, Whitley, Coventry CV3 4LF
8.15 Governing Law - This Agreement and any non-contractual obligations arising out of this Agreement shall be governed and construed in accordance with the Laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
If you require any further information regarding the Track Experience please call the Jaguar Customer Relationship Management Centre on 0800 015 8603.