Terms and Conditions
Payment Terms and Conditions
1. CONTRACT VARIATION
The Payment Terms and Conditions form an integral part of every contract in respect of the use of a business facility (“The Venue”) entered into by UK Go Karting (“The Company”) and the person named in any Booking Email(s), requests or receipts for payment or other communication concerning the organisation of the activity (“The Customer”).
Unless specific alterations or deletions are expressly agreed in writing on behalf of The Company these conditions shall apply in their entirety.
No variation of these terms and conditions shall be binding on The Company unless in writing and signed by a Director of The Company.
No relaxation or indulgence which The Company may from time to time extend to The Customer shall in any way prejudice or act as a waiver of The Company’s rights hereunder.
2. CHANGES TO PRICING
The Company reserves the right to vary any contract price at any time to take account of:
a. Any alterations in the specifications upon which the contract is based.
b. Any variation in the original order made at the request of The Company
c. Any extra cost borne by The Company as a result of any UK government legislation or applicable EU regulation.
3. CONTRACT EXISTENCE
Receipt of either a deposit or full balance for an activity shall constitute a binding contract (“The Booking”) between the The Customer and The Company, subject to these Terms and Conditions.
Bookings will only be accepted upon receipt of a deposit, which may be either £10.00 per person, 10% of the full cost of the contract price at the time of booking or £100.00 (whichever is the greater amount), providing this is more that 14 days prior to the event and such payment shall be a condition of acceptance of the booking.
Bookings made within 14 days of an event must be paid in full and such payment shall be a condition of acceptance of the booking. Bookings made for fewer than six people will require payment in full regardless of how far in advance the reservation is being made.
Full and final payment for bookings made more than 14 days prior to an event shall be made within 14 days of the receipt of the deposit.
If The Customer fails to make the above payment then The Company reserves the right to cancel the booking.
Any deposit received is non-transferable and non-refundable.
5. CANCELLATION DUE TO NON PAYMENT OR LATE PAYMENT
All bookings must be paid in full prior to the event. Where full payment is not received 28 days prior to the event The Company reserves the right to cancel the booking. Any deposit paid will be non-refundable.
6. RESPONSIBILITY & LIABILITY FOR PAYMENT
The Customer is liable for the full fees for the use of The Venue for the number of people booked, even if fewer people attend.
7. 'BOUNCED' CHEQUES
Where a cheque is returned unpaid, bank charges of £25.00 and administration charges of £15.00 plus VAT will be levied.
8. OVERDUE AMOUNTS
Interest will be charged on overdue amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
9. CANCELLATION BY THE CUSTOMER
No contract shall be cancelled by The Customer unless agreed by The Company. Any cancellation shall only be accepted by The Company upon payment of a cancellation fee as follows:
a. More than 28 days prior to the event - Loss of Deposit
b. Less than 28 days prior to the event - No Refund
c. Payments will not be refunded to any person because that person fails to attend or is withdrawn from the activity or activities for any reason.
The cancellation fee has been calculated to represent a reasonable assessment by The Company of the loss it will suffer as a result of the cancellation.
10. CANCELLATION DUE TO NON-PAYMENT
Any event cancelled by The Company due to non-payment can only be reinstated subject to a booking fee of 10% of the gross amount.
All bookings are made subject to availability. Bookings may be considered transferable in extreme circumstances but are always non-refundable (as stated above). The Company does not guarantee the time booked and will not provide any compensation if any activity does not take place due to circumstances beyond The Company’s control.
The Company reserves the right to postpone any activity in the case of unforeseen circumstances.
The Company reserves the right to abandon an activity in the case of dangerous conditions at or near The Venue or for any other reason beyond The Company’s control.
15. LIABILITY OF THE COMPANY
The Company acts only as a booking agent for The Venue chosen and has no responsibility whatsoever for the running of the activity, the safety or performance of any equipment or facilities at The Venue, or the behaviour of The Venue staff or any other member of the public that may be present at your activity or at The Venue.
Should you have any dispute over the running of your activity, eligibility of people taking part or any incident that you feel may warrant a request for a refund of monies paid then you must raise this with the staff at The Venue on the day of your activity.
If you choose to leave The Venue without resolving the issue it will be deemed that you are satisfied with all aspects of your activity and you will have no claim over The Company, its sub-contractors, servants, agents or employees.
Venue Terms & Conditions
Motorsports and other activities offered by Venues can be dangerous by their very nature.
There is therefore a certain element of risk for participants and spectators. All persons entering a Venue do so at their own risk. All children under the age of consent must be accompanied by an adult and enter entirely at their own risk.
17. PARENTAL CONSENT FOR CHILDREN
Unless written parental consent is presented it is understood that the chaperone take full responsibility for all children under the age of consent in their group and if first aid needs to be administered that they are authorised to give consent. The parent or chaperone is also responsible for ensuring that the children in the group are all above the minimum height requirement for any activity - and, in the case of any activity involving driving a vehicle, that the child can reach the pedals whilst seated with their legs bent.
Neither The Venue owner, nor its management, nor the organiser of activities or events at The Venue shall be liable for any accident, injury or loss howsoever caused to any person, vehicle or property, or any claim arising therefrom.
Anyone using a vehicle must not consume alcohol for at least 12 hours before their activity.
Anyone using a vehicle must wear close fitting shoes such as boots or trainers.
Spectators, children and others who are not participants in any activity must remain within the designated spectator areas at all times and are not to venture into prohibited areas (for example a go-karting track) unless requested by a staff member at The Venue.
22. FITNESS, SUITABILITY FOR ACTIVITIES
All activity participants must be medically fit and not suffer from epilepsy or any medical condition which may prohibit them from operating a vehicle or using other equipment safely.
Driving activities are not suitable for anyone with heart or breathing difficulties, back or neck problems, pregnant women or people with a nervous disposition.
The Venue's management reserve the right to refuse admission and/or to bar people from parts of or the entirety of their Venue for any reason whatsoever.
In particular, any person considered by The Venue's management to be under the influence of alcohol, drugs or medication will not be allowed to take part in activities where this could cause a risk to health and safety (such decision to be at the sole discretion of The Venue management and/or employees). The Venue reserves the right to prevent that person from participating, or to remove them from The Venue. In this event, any payment already made shall not be refunded.
Even where a Venue has a licensed bar, it is strictly forbidden to bring alcohol onto the premises.
No pets are allowed at any Venues.
22. RESPONSIBILITY FOR VEHICLES OR OTHER EQUIPMENT
Because the participant is the only person in control of the equipment they are using (vehicular or otherwise) neither The Company, nor The Venue, nor their agents accept responsibility for any claim whatsoever however this may arise.
Any driver of a vehicle who (whether deliberately or accidentally) causes his or her vehicle to come into contact with any other vehicle, person, building or obstacle (unless the obstacle is not part of a driving course) will be stopped immediately and removed from their activity and/or The Venue.
23. IRRESPONSIBLE BEHAVIOUR
The Venue reserves the right to remove anyone at any time whose actions are, or could be considered dangerous or detrimental to other participants or the general public. Any damage caused wilfully by any person will be repaired at the cost of that person .
24. DRIVING, RACE BRIEFINGS, SAFETY BRIEFINGS
All drivers must attend any applicable race briefing and failure to do so will result in the loss of permission to drive, and any payment already made shall not be refunded.
For insurance reasons, drivers arriving after the safety briefing has commenced are not allowed to use a vehicle and will not receive any refund. However, where an exclusive activity is delayed due to late arrivals, The Venue's management may in their sole discretion and on request of The Customer delay the safety briefing. In such case, the activity will be shortened to make up for the time lost.
25. FORCE MAJEURE & LIMITATION
Where the activity is prevented, frustrated or delayed due to force majeure (including but not limited to riot, strikes, natural catastrophe, adverse weather, power failure, fire, accident or breakdown of plant or machinery) or any other cause beyond its control, The Venue's liability shall be limited to re-scheduling the event at a future date convenient to all parties.
28. LIABILITY OF THE COMPANY
The Company shall not be under any liability whatsoever for direct losses, loss of profits, indirect losses or consequential losses of any type caused directly or indirectly by The Company, its sub-contractors, servants, agents or employees (other than liability by Statute that cannot be avoided) and its maximum liability shall in all cases be limited to the total amount paid for the activity.
29. DELAYS AT THE VENUE
Notwithstanding the generality of the above, please note that all activities are live events and may start late or overrun due to unforeseen delays. Any quoted “Start Time” or “End Time” is a pre-activity estimate for guidance only.
A) I confirm that I must and will not participate in any activity unless I have first attended the appropriate briefings where I will be advised and thoroughly informed of the inherent risks in taking part in the activity, including but not limited to the fact that taking part can cause injuries to myself, and (in the case of driving a vehicle) collisions, overturning, rapid decelerations, rapid accelerations and unpredictable acts by others using a vehicle.
B) I further state that following these briefings, I will abstain from participating should I not agree to accept the inherent risks involved.
C) If driving a vehicle, I further state that I am in good physical and mental health, my eyesight (as corrected as appropriate) is up to the standard required for a road driving test and I am not suffering from any other medical condition or disability which might make it unsafe for me to drive.
D) I further state that I do not suffer from Epilepsy, fits, recurrent blackouts, fainting spells or giddiness, any form of psychiatric or mental illness and/or I am not aware of any such impairment of my child or charge’s condition.
E) I further state that I am not participating against medical advice and that I have not been diagnosed as having a terminal illness which might make it unsafe for me to take part.
F) I further declare that in the event of feeling physically or mentally unwell or suffering an injury of any description during the activity, I will notify the proprietor of The Venue where the activity is taking place or his authorised representative immediately. I will thereafter immediately discontinue any activity should I be instructed to do so by The Venue.
G) I confirm that I will not consume any alcohol 12 hours prior to the commencement of the activity. I further confirm that I am not be in possession of any alcohol nor will I bring any onto the premises.
H) If I am organising a group activity (i.e. I, The Customer, have organised and are paying for an activity involving anyone other than myself), I take full responsibility for each and every member of my group. I have made each one aware of these conditions and will be personally liable for any member of my group that does not comply with them in full.
I) By my electronic acknowledgement I accept that I fully understand these Terms and Conditions and the reasons they exist. I hereby confirm that I am doing so of my own free will.
J) I FURTHER EXPRESSLY CONFIRM THAT I UNDERSTAND THAT MOTORSPORTS AND RELATED ACTIVITIES ARE NOT WITHOUT RISK AND THAT ACCORDINGLY I UNDERTAKE TO ACCEPT RESPONSIBILITY TO LOOK AFTER MYSELF AND THOSE AROUND ME IN A CAREFUL AND THOUGHTFUL MANNER AT ALL TIMES WHILST AT THE VENUE