Terms and conditions

1. 1. Interpretation
   1. 1.1 In these Conditions the following words have the following meanings:
      "Booking Form" means the order form completed by You for the provision of the Track Event.
      "Conditions" means these terms and conditions contained herein.
      "Driver(s)" means the individual driver (s) who will be taking part, in the Track Event, including, if applicable, You.
      "Guest" means any individual accompanying the Driver but not taking an active part in the Track Event.
      "Lotus" means Lotus Cars Limited whose registered office is at Potash Lane, Hethel, Norfolk NR14 8EZ.
      "Track Event" means the event detailed on the Booking Forms including details of the date and content.
      "Voucher" means a voucher provided by Lotus to You (or as directed by You) for booking a Track Event at a future date. A Voucher shall be valid for 12 months.
      "You, Your" means the person(s), firm or company who books the Track Event with Lotus.
   2. 1.2 In these Conditions reference to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to a statute or statutory provision as from time to time amended, considered, modified, extended, re-enacted or replaced.
   3. 1.3 In these Conditions references to masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
   4. 1.4 In these Conditions the headings will not affect the construction.
2. 2. Contract Formation
   1. 2.1 The contract will be on these Conditions to the exclusion of all other terms and conditions and all previous oral or written representations.
   2. 2.2 An application to book a Track Event shall be made by You on the Booking Form, this shall be deemed to be an offer by You to purchase the Track Event upon these Conditions. The Contract is formed when the order is accepted by Lotus by way of a written acknowledgement of the Booking Form. No Contract will come into existence until a written acknowledgement of the Booking Form is issued by Lotus.
3. 3. Your Right to Cancel
   1. 3.1 Subject to Conditions 3.2 and 3.3, You have the right to cancel the Contract with no penalty if you cancel in the following manner. You must provide notice in writing within 7 days, starting on the day after You receive the Booking Form. Please write to "Lotus Driver Training Team" at the above address quoting your order number. You may send this notice by post, fax or e-mail, or deliver it by hand. You are required to return the goods to us at Your cost and risk. If You cancel in accordance with this Clause then we shall refund the total amount of money paid by You for the goods. Refunds shall be made to the original purchaser only. THIS CONDITION SHALL NOT APPLY IF YOU ARE BOOKING WITH A VOUCHER.
   2. 3.2 Save where You cancel within the period and manner provided by Condition 3.1, if You cancel the Track Event between 10 and 21 calendar days before the date of the Track Event then You will be liable for 50% of the price. If You cancel during the 10 (inclusive) calendar days before the Track Event you will not receive a refund. Any cancellation by You must be in writing.
   3. 3.3 Condition 3.1 shall not apply if You have booked an event that is to take place in less than 7 days.
   4. 3.4 You agree that we may charge an administration fee for any changes You require to Your booking.
4. 4. Price and Payment
   1. 4.1 The price for the Track Event shall be the price set on the Booking Form and is inclusive of any value added tax or other applicable sales tax or duty which will be added to the sum in question.
   2. 4.2 All monies due to Lotus shall be due in pounds sterling no later than 30 calendar days prior to the Track Event.
   3. 4.3 No payment will be deemed to have been received until Lotus has received cleared funds.
5. 5. Driver’s Requirements
   1. You warrant that You will procure that each Driver complies (or will comply) with the following:
      1. (i) all Drivers must be at least 21 years old, 6ft 2in or below in height and not weigh more than 18st, be in good health and free from any medical condition or illness which could affect or impair their ability to participate in the Track Event.
      2. (ii) all Drivers must produce a valid driving licence (not a provisional licence) prior to the commencement of the Track Event. Any Driver who fails to produce a valid driving licence will not be permitted to drive vehicles during the Track Event;
      3. (iii) all Drivers must drive the vehicles used in the Track Event in a careful and safe manner and follow all instructions given by Lotus employees and/or agents (including but not limited to the Lotus Hethel circuit operating procedures). You shall be responsible for the acts and omissions of the Drivers and, in particular, their failure to drive the vehicles in accordance with these Conditions;
      4. (iv) all Drivers must attend a drivers briefing and sign Lotus’ standard form disclaimer and indemnity prior to the commencement of the Track Event.
      5. (v) absolutely no form of racing, timing or competition will be allowed during the Track Event.
      6. (vi) all Drivers must wear helmets of a recognised manufacturer and complying with the current MSA regulations at all times whilst participating in the Track Event.
      7. (vii) it is the Drivers’ sole responsibility to ensure that any vehicle, not supplied by Lotus, used for the Track Event is mechanically free from defects and is safe. Lotus may prohibit the Driver from taking part (or continuing to take part) in the Track Event if it considers that due to a defect or fault the vehicle is unsuitable to participate (or continue to participate) in the Track Event.
      8. (viii) all vehicles participating in the Track Event must comply with MSA / Lotus’ noise regulations of 102dBA at a distance of ½ metre measured at 45 degrees using ¾ maximum engine revs.
      9. (ix) no Driver will be permitted to enter Lotus’ premises until 8am and all Drivers must leave Lotus premises within 60 minutes of the closure of the circuit.
6. 6. General Obligations
   1. You agree that:-
      1. (i) Lotus may refuse to allow any Driver to drive or carry on driving (or participate in the Track Event) if, in Lotus’ reasonable opinion, any such Driver appears unfit to drive for medical reasons or due to the influence of alcohol or drugs or such Driver disregards any instructions or is in any way causing a nuisance, damage, disturbance, annoyance or inconvenience to Lotus, its employees or agents or the surrounding community, or if the Driver is not complying with the provisions of Condition 5 above or for any other reason identified in these Conditions. In such circumstances, Lotus will not pay any refund to the Driver or You.
      2. (ii) Lotus may at any time and at its sole discretion terminate or suspend the Track Event if it considers the risk to the safety of persons is unacceptable.
      3. (iii) Should the circuit require closing for any period during the event as a result of any Driver’s acts or omissions during the Track Event the Lotus event co-ordinator may exclude that Driver for part or all of the remaining event.
      4. (iv) You shall be responsible for notifying each Driver of Lotus’ requirements pursuant to these Conditions.
      5. (v) You must comply with the instructions of Lotus, its employees agents and sub-contractors at all times during the Track Event.
      6. (vi) Neither You or the Drivers will be allowed onto Lotus premises for the Track Event unless all sums due under these Conditions have been paid by You.
      7. (vii) You will not permit any marking of the garages, circuit or paddock surfaces and that it is Your responsibility for removing and disposing of all waste in a safe manner.
      8. (viii) You shall obtain Lotus’ prior written consent to bring Guests to the Track Event. All children 16 years of age or under must be accompanied by a parent/guardian at all times.
      9. (ix) You will not permit any animal to enter Lotus’ premises.
      10. (x) No filming of any kind is permitted on Lotus’ premises.
      11. (xi) Lotus has the right to determine the size and type of vehicle permitted to participate in the Track Event. In particular, no 4x4, utility or off road vehicle will be allowed to participate.
      12. (xii) You shall not hold itself out as an agent or representative of Lotus. In particular, You shall not use any trade mark associated with Lotus (the "Lotus IPR") for promotional or other purposes, without first obtaining the written consent of Lotus. If Lotus does give such consent, the title to and copyright in any material created by You incorporating the Lotus IPR shall belong to Lotus and You shall execute any documents as may be necessary to transfer the same to Lotus.
      13. (xiii) You shall give particulars to Lotus of any complaints, claims or threatened claims received from third parties immediately on receipt of the same.
      14. (xiv) You shall indemnify Lotus and keep Lotus indemnified from and against all actions, proceedings, claims and costs arising directly or indirectly as a result of any breach by You of these Conditions.
      15. (xv) You shall meet the Driver’s at the entrance to Lotus’ premises. At least 48 hours prior to the Track Event You shall provide to Lotus the names of the Drivers who will be attending the Track Event.
7. 7. Lotus’ Obligations
   1. 7.1 Lotus will permit You and the Drivers access to the Lotus circuit, track control building/hospitality suite (including toilets), paddock/west car park and access roads to these areas for the purpose of the Track Event during the times detailed in writing to You by Lotus and in accordance with these Conditions. All other areas of Lotus’ premises are strictly private.
   2. 7.2 Lotus shall provide appropriate staff for the Track Event.
   3. 7.3 Lotus shall observe all applicable rules and regulations for the Track Event, including all reasonable safety standards, and shall ensure that Drivers are given a safety briefing.
8. 8. General
   1. 8.1 Lotus shall not be liable to You if it is prevented from fulfilling its obligations under these Conditions by some reason beyond its reasonable control (including without limitation acts of god, fires, hostilities, and acts of terrorism).
   2. 8.2 Lotus reserves the right to cancel (including cancellation after the Track Event has commenced) the Track Event if weather conditions render it unsafe. In any event Lotus shall be under no obligation to refund to You any of the purchase price paid to Lotus.
   3. 8.3 Lotus may terminate this contract with immediate effect if You are in material breach of any of these Conditions or becomes insolvent (if applicable). On termination Lotus shall be under no obligation to host the Track Event and shall have no liability to You or to any Driver.
   4. 8.4 Lotus must be informed by You of any intended public relations or press activities required or in support of and during the Track Event.
   5. 8.5 Lotus shall not be liable (whether in contract, tort (including negligence and breach of statutory duty) statute or otherwise) for any loss or damage to persons or property caused during the Track Event except for Lotus’ liability for death or personal injury arising out of Lotus’ negligence which is not restricted or excluded in any way.
   6. 8.6 These Conditions supersede any previous agreement between the parties and represents the entire agreement between the parties.
   7. 8.7 These Conditions shall not be deemed to create a partnership between the parties or to create the relationship of agent and principal.
   8. 8.8 You shall not be entitled to assign all or part of Your rights or obligations under these Conditions without the prior written consent of Lotus.
   9. 8.9 These Conditions shall be governed by the laws of England and the parties submit to the jurisdiction of the Courts of England.