TERMS AND CONDITIONS
"Agreement" means these terms and conditions, the booking form and the driver indemnity form, as may be amended by Jaguar 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 driving experience;
"Customer" means the individual or company booking the driving experience;
"Fees" means the total amount payable by the Customer in consideration of the provision of the driving experience as notified to the Customer as part of the booking process;
"Participant(s)" means the participant of the driving experience as identified in the Confirmation;
"Parties" means Jaguar, the Customer and the Participant, and "Party" shall mean any of them as the context so requires;
"Premises" means the specified venue at which the driving experience booked by the Customer is to take place, as detailed in the Confirmation;
"Driving Experience" means the Jaguar driving experience to be provided to the Customer, as detailed in the Confirmation; and
"Vehicles" means the Jaguar motor vehicles to be driven at the Premises during the Track Experience.
2. BASIS OF SUPPLY
2.1 Jaguar considers the Agreement to set out the whole agreement between the Parties for the supply of the driving experience.
2.2 The booking is an offer by the Customer and the Participant which Jaguar is free to accept or decline at its absolute discretion.
2.3A booking is only binding once accepted by Jaguar and full payment of the Fees has been received in cleared funds.
2.4 Where third parties (including, without limitation, employees, guests, spouses and children) form part of the Customer’s booking, the Customer shall be responsible for those third parties and their compliance with the provisions of these terms and conditions.
2.5 It is the responsibility of the Customer to consider whether it is appropriate to hold any insurances (whether travel insurance, medical insurance or otherwise) in respect of the Customer and the Participant’s attendance at the driving experience and/or it being cancelled.
3. FEES AND PAYMENT
3.1 The Fees must be paid in full by the Customer at the time of booking the driving experience. Payment must be made by credit card or debit card.
3.2 All payments due under the Agreement shall be made in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
3.3 Unless agreed otherwise in writing, payment of the Fees by the Customer shall be made in Pounds Sterling.
4. DRIVING EXPERIENCE
4.1 Subject to the payment of the Fees, Jaguar shall provide the driving experience:
4.1.1 to conform in all material respects with the terms of the Agreement;
4.1.2 be carried out with reasonable care and skill; and
4.1.3 comply with all applicable statutory and regulatory requirements.
4.2 Unless stated otherwise by Jaguar, all driving experiences will take place at the Premises.
4.3 The Confirmation will be sent electronically to the Customer upon receipt of the Fees. If a driving 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.
4.4 Customers and/or Participants must bring their Confirmation email or driving experience confirmation card (as applicable) with them to the driving experience.
4.5 Jaguar shall be responsible for arranging public liability insurance which is provided subject to certain terms and conditions.
4.6 Subject to clause 2.5, Customers and Participants are permitted to bring guests to the driving experience. Guests must remain at all times in the Jaguar lounge and may enjoy the hospitality available.
5. TERMINATION AND CHANGES TO THE DRIVING EXPERIENCE
5.1 Provided that the Track Experience has not yet taken place, the Customer may cancel the booking within 14 calendar days of placing the booking by contacting Jaguar in accordance with clause 9.4. Where the Customer cancels a booking under this clause 5.1 Jaguar shall refund the Fees paid to the Customer and Jaguar shall be under no further liability to the Customer.
5.2 Jaguar shall notify the Customer in writing of any alteration to the driving experience. If such amendment significantly alters the driving 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.
5.3 Jaguar reserves the right to cancel or alter the driving experience if it is unable to perform its obligations under the 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.
5.4 Jaguar may immediately terminate the 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.
5.5 In the event that the Customer wishes to cancel the driving experience (other than in accordance with clause 5.1) the following refund policy applies:
5.5.1 cancellation with 10 working days' notice or less - no refund;
5.5.2 cancellation with between 10 working days' and four working weeks' notice - 50% refund; and
5.5.3 cancellation with more than four weeks' notice - full refund less a 10% administration fee.
5.6 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.
5.7 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 driving experience on the day.
6.1 Participants must:
6.1.1 be 25 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 3 years;
6.1.2 be physically and mentally fit to participate and have eyesight up to the standard required of a road driving test;
6.1.3 follow all reasonable and lawful instructions and other relevant rules;
6.1.4 ensure that, at any time whilst attending the driving experience, they are not under the influence of alcohol or any drugs;
6.1.5 wear a safety restraint belt at all times in the Vehicle;
6.1.6 complete and sign the driver indemnity form before participating in the driving experience; and
6.1.7 produce the Participant’s original driving licence and counterpart (if applicable) at the registration for the driving experience day
6.2 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 Fee.
6.3 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.
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.
7. DATA PROTECTION
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 the 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.
8.1 Where the Customer is not a consumer, this clause 8.1 shall apply:
8.1.1 nothing herein shall be deemed to exclude liability for death or personal injury caused by negligence on the part of any Party;
8.1.1 nothing herein shall be deemed to exclude liability for death or personal injury caused by negligence on the part of any Party;
8.1.2 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; and
8.1.3 subject to clause 8.1.1, the total liability of Jaguar to the Customer in respect of any claim, costs, expenses, damages or losses suffered or incurred by the Customer as a result of any act or omission of Jaguar under the Agreement shall be limited to the amount of the Fees.
8.2 Where the Customer is a consumer, this clause 8.2 shall apply:
8.2.1 if Jaguar fails to comply with the Agreement, Jaguar shall be responsible for loss or damage suffered by the Customer that is a foreseeable result of Jaguar’s breach of the Agreement or as a result of Jaguar’s negligence. For the avoidance of doubt, Jaguar shall not responsible for any loss or damage that is not foreseeable;
8.2.2 nothing herein shall be deemed to exclude or limit in any way Jaguar’s liability for:
(a) death or personal injury caused by Jaguar’s negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; or
(e) any other matter for which it would be illegal or unlawful for Jaguar to exclude or attempt to exclude its liability; and
8.2.3 no Party shall be responsible for losses that result from its failure to comply with this Agreement (including, but not limited to, loss of income or revenue, loss of business, loss of reputation or goodwill, and loss of anticipated savings).
8.3 Jaguar shall have no liability for any refusal by Jaguar to provide the Track Experience or any delay in providing the track experience where such refusal and/or delay is due to any failure by the Customer or a Participant to comply with the obligations set out in the Agreement.
9. GENERAL PROVISIONS
9.1 The following items must not be brought onto the Premises by the Customer, the Participant 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
9.2 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.
9.3 Jaguar has the right to remove and dispose of any goods or articles left on the Premises after the driving experience without any liability whatsoever.
9.4 Complaints and further information - Any complaints in relation to a driving experience should be made in writing and sent to Jaguar Land Rover Limited, Abbey Road, Whitley, Coventry CV3 4LF.
9.5 Governing Law - The Agreement and any non-contractual obligations arising out of the 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 F-TYPE driving experience please call the Jaguar Customer Relationship Management Centre on 0800 015 8603.