McLAREN AUTOMOTIVE EVENTS LIMITED

EVENT PROGRAMMES - TERMS AND CONDITIONS OF SALE

 

1.         DEFINITIONS

“Event Programme” means one or more McLaren Automotive Events Limited event(s);

“we / our / us” means McLaren Automotive Events Limited;

“you / your” means the individual who is purchasing the Event Programme; and

“Participant” means each individual intending to participate in an Event Programme.

 

2.         INFORMATION ABOUT US AND HOW TO CONTACT US

2.1.      We are McLaren Automotive Events Limited, a company registered in England and Wales. Our company registration number is 09797945 and our registered office is at McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH. Our UK VAT number is 238 5747 72.

2.2.      You can contact us by telephoning our Client Services Team at +44 (0) 1483 262035 or by writing to us by email at [email protected] or by post at McLaren Automotive Events Limited, McLaren Experience Events Team, McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH.

 

3.         HOW WE MAY CONTACT YOU

3.1.      If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.

 

4.         OUR CONTRACT WITH YOU

4.1.      Our acceptance of your order will take place when we contact you to accept your place on the Event Programme, at which point a contract will come into existence.

4.2.      If we are unable to accept your order, we will inform you of this and will not charge you for the Event Programme.

4.3.      The quantity and description of the Event Programme shall be as set out, or referred to, in our brochures, on our website or in your order.

4.4.      The descriptions and images contained in our brochures, price lists, websites and other leaflets produced by us or on our behalf are for illustrative purposes only and are not binding on us. 

4.5.      You are not permitted to assign or transfer your order (or any part of your order) to any other person without the prior written consent of McLaren. 

 

5.         THE EVENT PROGRAMME

5.1.      Purchase of the Event Programme entitles you, and each Participant you have purchased the Event Programme on behalf of, the right to participate in that Event Programme only. We may sell and you may purchase additional events in accordance with these terms, which shall govern the supply by us to the you of any additional events. Such additional events shall be charged at the price set out on the relevant order for such additional events.

5.2.      With our prior written consent, you may, at your own cost, invite guests to the Event Programme.

5.3.      You and each Participant agree to:

      5.3.1.        participate in the Event Programme only in accordance with the contract;

      5.3.2.        not knowingly infringe any rule or regulation of the Event Programme;

      5.3.3.        at your own expense, obtain and maintain for as long as is relevant adequate travel insurance; and 

      5.3.4.        at your own expense, obtain and maintain for as long as is relevant adequate insurance in respect of, (i) your vehicle and (ii) all use of your vehicle (including use pursuant to the Event Programme) and provide a copy of such policies to McLaren on request.

5.4.      Unless otherwise stated in our brochure or on our website, you and each Participant must be over eighteen (18) years of age and hold a full and valid driving licence to participate in the Event Programme. 

5.5.      By purchasing the Event Programme, you and each Participant voluntarily agree to drive the vehicles and/or otherwise participate in the Event Programme. You and each Participant acknowledge that partaking in the Event Programme and driving in high performance vehicles is hazardous and that you and each Participant are voluntarily exposing yourself to risk of damage or loss or personal injury by participating in the Event Programme. You and each Participant acknowledge that any insurance carried by us and/or any event location organiser in respect of any liability which might arise out of the Event Programme will be limited and that you and each Participant’s motor, third party and public liability insurance (if any) is unlikely to cover losses, liabilities or personal injury.

5.6.      You and each Participant agree not to make any claim against us, or any of our associated companies or our or their employees in respect of any injury, loss or damage suffered by you or any Participant during the Event Programme and to indemnify us and our employees against any injury, loss, damage and costs and expenses (including legal costs and expenses) arising out of any claim made against us by anyone to the extent that such injury, loss, damage and costs and expenses is/are attributable, directly to your or each Participant's attendance at the Event Programme.

5.7.      You and each Participant must sign our standard release & waiver form before participating in the Event Programme.

5.8.      You and each Participant consents to being photographed at the Event Programme, to filming and sound recording at the Event Programme and to the use of such photographs and/or recordings in any marketing or promotional materials, on our website and in any broadcast or publication in any territory in the world.  If at any time, you do not consent to this, you should contact us in writing at [email protected].

 

6.         PRICE

6.1.      The price of the Event Programme (which includes VAT) will be the price displayed on our website or in our brochure unless we have agreed another price with you in writing. We do our best to ensure that the prices of the Event Programmes advertised to you are correct. However, please see Clause 6.3 below for what happens if we discover any error in the price of the Event Programme you order.

6.2.      If the rate of VAT changes between your order date and the date we provide the Event Programme, we will adjust the rate of VAT you pay, unless you have already paid for the Event Programme in full before the change in the rate of VAT takes effect.

6.3.      It is possible that, despite our best efforts, some of the Event Programmes we offer for purchase may be incorrectly priced. We will usually check prices before accepting your order so that where the correct price of the Event Programme at your order date is less than our stated price at your order date, we will charge you the lower amount. If the correct price of the Event Programme at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and refuse participation in the Event Programme.

6.4.      We will invoice you for the balance of the price for the Event Programme following acceptance of your order. You must pay each invoice within seven (7) calendar days after the date of the invoice.

6.5.      If you do not pay for the balance of the price for the Event Programme in accordance with Clause 6.4 above, we may charge interest to you on the overdue amount at the rate of 4% (four percent) per year above the base 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 judgement. You must pay us interest with any overdue amount.

6.6.      If you think we have made an error on our invoice, please contact us promptly to let us know. You will not be charged any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

7.         CANCELLATION POLICY

7.1.      If you are ending the contract for one of the reasons set out in Clauses 7.1.1 – 7.1.4 below the contract will end immediately and we will refund you in full for the portion of the Event Programme which has not been properly provided to you. The relevant reasons are as follows:

      7.1.1.  we have told you about a substantial change to the Event Programme or these terms which you do not agree to;

      7.1.2.  we have told you about a significant error in the price or description of the Event Programme you have ordered and you do not wish to proceed;

      7.1.3.  there is a risk the Event Programme (or part of it) may be significantly delayed because of an event of Force Majeure (as defined below) and we have notified you of this; or

      7.1.4.  we suspend the Event Programme (or part of it) for technical reasons, or notify you we are going suspend it for technical reasons and in each case for a significant period of time.

7.2.      If you wish to cancel your order because of a pandemic or epidemic, you may be entitled to a refund for any costs paid directly by you to McLaren as part of the Event Programme, including the non-refundable deposit if applicable, less any bank charges payable by McLaren. You will be entitled to a refund in the following situations:

      7.2.1. the government of the country in which the event is due to take place enforces a lockdown in that country over the period of the event due to the pandemic or epidemic; or

      7.2.2. the government of the country in which the event is due to take place prohibits all but essential travel from your departure country to the Event Programme due to the pandemic or epidemic.

Please note, it is your responsibility to have read and understood the destination county’s travel and entry requirements. If travel to the destination country is possible, but you are unable to travel due to inadequate or missing documentation or certifications, you will not be entitled to a refund.

7.3.   If you wish to cancel your order for reasons other than as set out above, the contract will end immediately and we may charge you the following:

      7.3.1. a refund of one hundred percent (100%) will be given for cancellations received one hundred and twenty (120) days prior to the start of the Event Programme, excluding the non-refundable deposit if applicable and any bank charges payable by McLaren;

      7.3.2. a refund of seventy five percent (75%) will be given for cancellations received between ninety-one (91) days and one hundred and nineteen (119) days prior to the start of the Event Programme, excluding the non-refundable deposit if applicable and any bank charges payable by McLaren; 

      7.3.3. a refund of fifty percent (50%) will be given for cancellations received between sixty-one (61) days and ninety (90) days prior to the start of the Event Programme, excluding the non-refundable deposit if applicable and any bank charges payable by McLaren; and 

      7.3.4. no refund will be issued for cancellations received within sixty (60) days of the event, nor for failure to attend.

7.4.   We may end the contract with you at any time by informing you in writing if you breach any obligation in the contract, including, but not limited to, if you:

      7.4.1. do not make any payment due and you still do not make payment within seven [7] days of us reminding you that payment is due;

      7.4.2. do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Event Programme; or

      7.4.3. you breach any obligation set out in Clauses 5.2, 5.3, 5.4, 5.5 and 5.6 above.

In such circumstances, we will refund you any money you have paid in advance for any part of the Event Programme we have not provided, excluding the non-refundable deposit if applicable, but we may deduct reasonable compensation for the costs we will incur as a result of your breaking of the contract, including any bank charges payable by McLaren.

7.5.   If we cancel the Event Programme at any time for any reason other than set out in Clause 7.4 or 8.3, the contract will end immediately and we will refund you in full for any costs paid directly by you to McLaren as part of the Event Programme, including any deposit, if applicable.

 

8.         PROVIDING THE EVENT PROGRAMME

8.1.      The Event Programme will take place on the date(s) set out in your order.

8.2.      We may change and/or suspend the Event Programme to:

      8.2.1.  reflect a change in relevant laws and/or regulatory requirements;

      8.2.2.  implement minor technical adjustments and/or improvements; or

      8.2.3.  reflect any changes to the Event Programme as requested by you or notified by us to you.

8.3.      In the event that we are unable to supply the Event Programme to you in accordance with these Terms and Conditions or such supply is cancelled or disrupted in any way, we shall not be liable to the extent that such failure to supply is due to an event of Force Majeure. Force Majeure means all unforeseeable and unavoidable events beyond the reasonable control of the party affected, which prevent or delay in total or in part the carrying out of its obligations, including (but not limited to) pandemic, epidemic, war, fire, floods, accidents, civil disturbance, acts of government, governmental regulations, strike, lock-out, labour disputes, transportation difficulties, insurrection, earthquake, riot, adverse weather. If the performance of the Event Programme (or any part of the Event Programme) is affected in accordance with this Clause then we will contact you as soon as possible to let you know.

8.4.      We may require certain information from you so that we can provide the Event Programme to you. If you do not, within a reasonable time of us requesting it, provide us with such information, or you provide us with incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Event Programme late or not providing any part of the Event Programme on time if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

9.         OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

9.1.      If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of our breaching this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is indirect or unforeseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

9.2.      We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

 

10.       DATA PROTECTION

10.1.   In the course of the supply of the Event Programme, we may collect certain personal information about you and each Participant including personal details, financial details and information about yours and each Participant's health.  We will use the personal information that you and each Participant provides to us to:

      10.1.1. provide the Event Programme;

      10.1.2. process your payment for the Event Programme; and

      10.1.3. inform you and each consenting Participant of future invitations, news and information regarding our current and future product range and services, which we think may be of interest to you and each of the consenting Participants.

10.2.   We will limit access to the processing of and use of personal information to our employees who may, from time to time, require its use for marketing or other services.  In addition, from time to time, we may need to make personal information available to third parties such as legal authorities, our associated companies, selected business partners (including our authorised dealers and authorised repairers in yours and each consenting Participant’s local region or country) who may contact you or each consenting Participant regarding goods and services which may be of interest) and professional advisors.  We may also request that you or each consenting Participant participates in one or more customer satisfaction surveys and we agree to respect privacy and personal data will be used in accordance with our privacy policy, a copy of which is available upon request or on our website http://cars.mclaren.com/home.html.

10.3.   You and each consenting Participant should contact us if you or they have any questions or concerns about how we will use and store yours or their personal information or if you or they wish to exercise yours or their right to access, modify, object to the use of or request the deletion of your/their personal information.  If at any time you or each consenting Participant no longer wishes to receive such communications from us, you or they should contact us in writing at [email protected].

 

11.       Intellectual Property Rights and Publicity

11.1.   All intellectual property rights in the Event Programme shall belong to us and/or our licensor (as the case may be). 

11.2.   You, each Participant and each guest agrees not use:

      11.2.1.  our name, logo or any other of our intellectual property rights;

      11.2.2.  the name, logo or any other intellectual property rights of any of our authorised partners or sponsors; or

      11.2.3.  the name or image of any vehicle, building, driver or employee of our or any of our associated companies, without our prior written consent.

11.3.   You agree not to make adverse comments (oral or written (including statements made on social networking sites such as Twitter and Facebook)) about the Event Programme or us or our associated companies or our respective sponsors or employees which may bring any of them into disrepute.

11.4.   We and our associated companies shall have the unconditional right to use images (still or moving) of You and the Event Programme in any and all forms of advertising and promotions in all media.  If at any time you do not consent to the use of images (still or moving) of you, please contact us in writing at [email protected].

 

12.       OTHER IMPORTANT TERMS

12.1.   We may transfer our rights and obligations under these terms to another organisation.

12.2.   This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.3.   Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.4.   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 or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Event Programme, we can still require you to make the payment at a later date.

12.5.   These terms are governed by English law and any contractual or non-contractual disputes arising out of or in connection with these terms or the Event Programme shall be subject to the exclusive jurisdiction of the English courts.