In these terms and conditions “We” means Group Lotus Limited whose registered UK address is at Hethel, Potash lane, Norwich, Norfolk, NR14 8EZ
These terms and conditions apply to any contract that we enter into with any individual who is acting in a personal capacity as a consumer.
Price
The price payable for service that you order is as set out in our website and is payable in the currency stated. The price includes value added tax or any other relevant sales tax.
Payment
Payments will be made in full when you book your Academy course on our website. Upon confirmation of payment you will be sent an email confirming your booking with us.
If you have been provided a voucher this can be redeemed against a course of your choice as long as any difference in value has been settled.
Our duties:
We will ensure that all of our staff are appropriately qualified and trained including all of our instructors being Association of racing driver school senior grade.
We shall provide you with an appropriate vehicle for the course that you are attending which will be professionally prepared and maintained by Lotus technical staff.
We will provide you with an appropriate helmet, the wearing of which is compulsory whilst on the track. The use of your own helmet is allowed as long as it is passed as fit for use by our senior instructor.
We shall ensure that you are given a safety briefing at the start of your day.
Your obligations
In the case of your driving day experience, you agree that on the day of the event:
You will comply in all respects with our “Participant Requirements” which are set out at paragraph 6 below;
You will comply at all times during the day with any instructions given by us or our staff;
You will comply at all times with any instructions given by your driving instructor;
This is not a track day and therefore no racing, timing or competition with other cars will be allowed during the day;
You must obtain our prior written consent to bring Guests with you. All children 16years of age or under must be accompanied by a parent/guardian at all times;
You will not bring any animals on to our premises;
Photography or filming is forbidden in all areas of the Lotus HQ except within the visitors’ Retail Centre and at Classic Team Lotus;
You must attend the safety briefing at the commencement at the start of the day;
You must sign a disclaimer prior to entering the track,
Participant’s requirements
You confirm that on the day that your booking is due to take place that you:
are at least 10 years old, (under 18’s to be accompanied by an adult as a ratio of 2 children to 1 adult);
Lotus are advised in advance of the tour of any difficulty effecting mobility so that we make suitable arrangements to better facilitate the tour;
are not under the influence of alcohol, medicines or substances that may affect your judgement or impair your ability to walk round for up to 2 hours; this includes Covid 19 symptoms.
You must produce an appropriate full driving licence, a valid driving licence equivalent to EU driving licence class B. We reserve the right to refuse access to the track to anybody who fails to produce their driving licence.
Your liability for damage
You are liable to pay the first £10,000 of any damage caused to any vehicle that you drive during the course of the day where that damage is due to your lack of care, negligence or failure to follow the instructions of your instructor.
Our liability for injury
Whilst we will take every care to ensure that you have a safe and enjoyable day, driving a high powered motor vehicle inevitably carries some risk and we do not therefore accept any liability for any loss, injury or damage that you may suffer whilst on our premises or on the track, although nothing within this clause excludes our liability to you in respect of loss, injury or damage that has been caused by our negligence.
We strongly recommend that you check prior to the date of your booking whether or not you have any personal accident insurance and if not consider obtaining this for the purposes of the day.
Your right to cancel Your order is protected by the Consumer Protection (Distance Selling) Regulations 2000 and you have the following right to cancel:
You may cancel your contract with us at any time up to the beginning of the seventh working day before the date of your course, you do not have to give us any reason for cancelling your contract and the contract will be cancelled without any financial penalty.
If possible to rebook your course we will do so if not, we will offer a voucher to be redeemed within the next 12 months
Once you have notified us that you are cancelling your contract in accordance with paragraph 9.1 above, any sum debited to us will be refunded to your account as soon as possible and in any event within 30 days of your cancellation.
Our right to cancel or re-schedule
We may only cancel the event in the following circumstances.
If in our reasonable opinion weather conditions render the track unsafe;
If we are unable to fulfil our obligations for any reason beyond our reasonable control, including, without limitation, Covid restrictions, industrial disputes, unavailability of staff due to illness, flood, fire, explosion or accident;
We reserve the right to re-schedule or cancel any booking up to twenty eight (28) calendar days before its scheduled date.
If we have to cancel the event for any of the reasons set out in paragraph 10.1 above, we shall notify you in writing (whether by post or email) and;
offer you an alternative date for your booking; or
offer you an open voucher allowing you to agree a further date with us for your booking during the 12 month period after the date that your original booking was due to take place.
We accept no liability for any indirect or consequential loss, damage, expenses (including loss of profits, business or goodwill) or incidental costs that you may have incurred as a result of our cancellation such as (but not limited to) your cost of travel to and from the venue and accommodation. If you are booking accommodation either before or after the event, we strongly recommend that you book accommodation that allows you the right to cancel without penalty at short notice.
Nothing within paragraph 10.3 is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
Your right to re-schedule
We understand that you may need to change the date of the booking on your order form. As a result, you have the right to re-schedule your booking for any reason provided that you notify us at least twenty eight (28) calendar days before the scheduled date. Your right to re-schedule is subject to the conditions set out below.
The exception to the above is in the case of developing Covid 19 symptoms (as per NHS guidance) at any time up to and including the day of your event. You need to advise us by email and we will issue a voucher that will allow you to re-book for up to 12 months either after you have tested negative for the disease or have recovered. We may require proof that this is the case.
If you re-schedule in accordance with paragraph 11.1 above, we shall send you an open voucher, which has to be used on a date to be agreed by both parties, but in any event within 12 months of the original scheduled date for your booking.
Once you have been issued with an open voucher in accordance with this paragraph and agreed a revised date for your booking, you have no further right to re-schedule.
In order to avoid any doubt, if you decide to re-schedule your booking, that does not give you any further right to cancel your order in accordance with paragraph 9.
Our right to end your booking summarily
We reserve the right to bring your booking to an immediate end if:
You fail to meet any of our Participant Requirements (as defined in paragraph 6);
You commit a serious breach of your obligations as set out at paragraph 5;
You act in a manner that we reasonably believe to be a danger to the health and safety of you and/or others;
If the condition of the track deteriorates to such an extent during the course of the day that it becomes unsafe to drive.
If during the course of the day you start to exhibit Covid 19 symptoms
If we terminate your booking in accordance with paragraphs 12.1(i)-(iii) inclusive, you shall not be entitled to any refund of the price paid.
If we terminate your booking in accordance with paragraph 12.1(iv and v), our liability is limited to offering you a voucher offering you a 20% discount on a further booking, that discount being eligible for 12 months.
Indemnity
You agree to indemnify us, our employees, agents and any associated company from and against all actions, proceedings, claims and costs arising directly or indirectly as a result of any breach by you of these conditions.
We agree to indemnify you from and against all actions, proceedings, claims and costs arising directly or indirectly as a result of any breach by us of these conditions.
Privacy You acknowledge and agree to be bound by the terms of our privacy policy.
Enforceability of these conditions If any part of these conditions are deemed to be unenforceable by any Court, that shall not affect the validity of the remaining conditions.
Governing law The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.