EveryMan Racing Driving Experiences

General
The following conditions together with such other terms, conditions and notices as may be set out in any relevant brochure or Everyman’s Website apply to all sales by Everyman. It is the intention of Everyman that all terms between it and the Buyer are contained in the Conditions. No alteration to the Conditions will be binding unless accepted by Everyman in writing. The Conditions are subject to amendment by Everyman provided it is reasonable for it to do so by the posting on Everyman’s Website prior to the sale. Nothing in the Conditions shall affect the statutory rights of a consumer.

Definitions
1.1 “Beneficiary” means the person for whom the Experience or Open Voucher has been purchased by the Buyer.
1.2 “Buyer” means the person purchasing the Voucher from Everyman.
1.3 “Participant” means either the Buyer or Beneficiary
1.4 “Cancellation Scheme Cover” means the scheme operated by Everyman whereby the Experience Date may be changed once, without further charge, in the event of:
1.4.1 death or illness of the Participant or immediate family member; or
1.4.2 disruption of the Participant’s travel on the Experience Date.
1.5 “Event of Force Majeure” means an act of God including but not limited to rain, snow, fire, flood, earthquake, windstorm or other natural disaster; act of any sovereign including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action; law, judgment, order, decree, embargo, blockade, labour dispute including but not limited to strike, lockout or boycott; interruption or failure of utility service including but not limited to electric power, gas, water or telephone service; failure of the transportation of any personnel equipment, machinery supply or material required by Everyman for its performance of the contract; breach of contract by any essential personnel; any other matter or cause beyond the control of Everyman.
1.6 “Everyman” means Everyman Motor Racing Activities Limited (Company Registration Number 04298387) whose registered office is at Orchard Business Park, Bromyard Road, Ledbury, Herefordshire, HR8 1LG
1.7 “Everyman Website” means www.everymanracing.co.uk.
1.8 “Experience” means the driving experience supplied by Everyman to the Buyer for the benefit of the Participant.
1.9 “Experience Date” means a date nominated by the Participant for the fulfilment of the Voucher within the term of the Voucher (or any extension to the term under clause 2.2 or 3.2 as applicable).
1.10 “Experience Voucher” means a voucher for a designated Experience.
1.11 “Extras” means DVD, Photographs and Damage Collision Waiver Fee.
1.12 “Open Voucher” means a voucher for an Experience to be nominated by the Participant.
1.13 “Purchase Price” means the price for the Voucher together with any Extras, Cancellation Scheme Cover fee or Vehicle Damage Waiver fee including VAT.
1.14 “VAT” means Value Added Tax applicable at the prevailing rate from time to time.
1.15 “Vehicle Damage Waiver” means the scheme operated by Everyman whereby the Participant may reduce his liability to meet the excess for any damage caused to Everyman’s vehicles.
1.16 “Voucher” means either an Experience Voucher or an Open Voucher
1.17 “Voucher Packs” means a pack Experience Voucher or Open Voucher and (if applicable) including other literature.


Supply of Services

Experience Voucher
2.1 Experience Vouchers have an expiry date of 10 months from the date of purchase in which time the Participant must undertake the Experience.
2.2 Experience Vouchers may be extended for a further 10 months at a cost of £35 administration fee (plus the cost of any price increase of the Experience) provided always that they are extended within 10 months from the date of purchase.
2.3 Experience Vouchers for Formula 1 Experiences have an expiry date of 12 months from the date of purchase which may be extended for a further 12 months at a cost of £50 administration fee (plus the cost of any price increase of the Experience) provided always that they are extended within 12 months from the date of purchase.
2.4 The Experience must be undertaken by the Participant within the term of the Experience Voucher (whether extended or not).


Open Voucher
3.1 Open Vouchers have an expiry date of 10 months from date of purchase in which time the Participant must nominate and undertake the Experience
3.2 Open Vouchers may be extended for a further 10 months at a cost of £35 administration fee provided always that they are extended within 10 months from the date of purchase.
3.3 Open Vouchers cannot be exchanged for cash.
3.4 Open Vouchers will be subject to verification at time of presentation and Everyman reserves the right not to accept any vouchers that have or appear to have been forged, damaged, defaced or otherwise tampered with.
3.5 No responsibility will be accepted for lost, stolen, or damaged Open Vouchers and such vouchers shall not be refunded.
3.6 To deface a voucher will render it invalid.
3.7 Change is not given on nomination of an Experience which costs less than the value of the Open Voucher presented. However, Everyman in its absolute discretion may give change in smaller denominational Open Vouchers or credit notes. Such smaller denominational Open Voucher will be valid for the same term as the purchased Open Voucher (including any extension under clause 3.2).


Cancellation Rights
4.1 The Buyer can cancel the contract with Everyman within 7 days of either the Buyer or Beneficiary receiving the Voucher Pack. The 7 day period starts on the day after the Participant has received the Voucher Pack. The Participant will be deemed to receive the pack within 5 days of postage whether posted by first class post or express delivery.
4.2 If the Participant wishes to return the Voucher Pack, it must be returned to Everyman and the Buyer must pay the cost of returning the Voucher Pack. Alternatively, Everyman will arrange to collect the Voucher Pack, but the Buyer will have to pay the cost of collection.
4.3 To cancel the contract the Buyer will need to send a letter to Everyman, which can be sent by post, email or facsimile or by personal delivery. If the contract is cancelled orally, the Buyer will need to confirm the oral cancellation in writing and send it to Everyman by one of the specified means.
4.4 The Buyer cannot cancel this contract where the seal is broken on any CD or DVD supplied in the Voucher Pack.
4.5 Any refund will only be repaid to the Buyer via the original means of payment less any costs of postage or collection.


Experience Date Changes and Refunds
5.1 Once the Participant has selected the Experience Date the Participant may change the date subject to paying Everyman £35 administration fee where nomination to change the date is made more than 30 days preceding the Experience Date.
5.2 The Participant may not amend the date within 30 days of the Experience Date without forfeiting the value of the Voucher.
5.3 Clause 5.1 and 5.2 shall not operate where the Buyer has taken up Cancellation Scheme Cover and supplied such documentary evidence as required by the terms of the scheme.
5.4 Subject to clauses 4.1 to 4.4 inclusive, Everyman will refund a Voucher (where an Experience Date has not been selected by the Participant) less 25% for administration charges and the cost of postage.
5.5 Any Extras will be refunded in full.
5.6 Any refund will only be repaid to the Buyer via the original means of payment.


Delivery of Voucher Packs
6.1 Voucher Packs are sent by second class post unless the Buyer has opted for express delivery details of which are set out in the booking form.
6.2 The times for delivery in the booking form are indicative and Everyman cannot be held liable for any loss suffered as a result of the non-arrival of the Voucher Pack within the specified times.


Payment
7.1 Subject to clauses 7.2, full payment is required at the time of booking.
7.2 The following terms apply to Formula 1 Experiences:
7.2.1 a £350.00 non-refundable deposit (subject to clauses 4.1–4.4 inclusive) is required at the time of placing an order for a Formula 1 Experience;
7.2.2 no Experience Date may be selected until this deposit is received in cleared funds.
7.2.3 the balance is due 8 weeks before the Experience Date;
7.2.4 Everyman reserves the right to release any place reserved by the Participant if the balance has not been paid in accordance with clause 7.2.3; and
7.2.5 non-payment of the balance will result in the deposit being forfeit.


Restrictions on Participation
8.1 Subject to clause 8.2, Participants are required to hold a full valid UK or European driving licence and must be able to drive manual transmissions.
8.2 For Kid’s Courses there is no requirement to hold a driving licence, but:
8.2.1 the child must be between the age of 12 and 16 years;
8.2.2 be 1.48 metres (approx 4’ 10”) tall; and
8.2.3 be accompanied by a parent or guardian who must remain at the venue during the child’s period of activity.
8.3 Adult participants shorter than 1.5 metres (approx. 5’) or taller than 1.9 metres (approx. 6’ 6”) and/or weighing more than 105 kg (approx. 17 stone) may have difficulty being accommodated. It is for the Buyer to be satisfied both at the time of purchase and on the Experience Date that the Participant can undertake the Experience. No refund will be given.
8.4 Given the nature of the Experience, it will involve some personal risk, the Participant will be required to sign a disclaimer before undertaking the Experience.
8.5 In the interests of safety, Everyman reserves the right to refuse the Participant from either commencing the Experience or stopping the Experience part way through if any of its instructors consider that the Participant is intoxicated through drink or drugs, lacks adequate ability or understanding of the English language.
8.6 With the exception of Guide Dogs, no other pets or animals are allowed at any of our venues.


Damage by the Participant
9.1 The Buyer is liable for the first £2,000 plus VAT of any damage beyond normal wear and tear to each and every vehicle or other item of equipment supplied for the Experience by Everyman arising out of any act or omission of the Participant.
9.2 The Buyer shall not be liable under the terms of clause 9.1 where the Participant has opted to take out Vehicle Damage Waiver. If you would like further information, please call our Customer Services Department on 01455 841670
9.3 Notwithstanding having opted to take out Vehicle Damage Waiver, where the cause of the damage arises as a result of the Participant’s deliberate or reckless action the Buyer shall remain liable under the terms of clause 9.1.
9.4 The Buyer shall be additionally liable for any damage to the track not owned by Everyman as a result of the Participant’s deliberate, negligent or reckless actions whilst participating on an Event.

Experience Content, Brochure Description and Prices
10.1 Everyman reserves the right to make changes to the Experience content without notification.
10.2 Session lengths are given as an indication only and Everyman will not be responsible for any increase or decrease in session length as the Participant may be sharing the circuit and/or vehicle with other members of the public. Everyman cannot be held liable for any costs incurred in these circumstances. In the unlikely event that an Experience cannot be completed, the maximum compensation is limited to the net cost of the portion not completed.
10.3 The images of vehicles and specifications contained in this brochure are for illustrative purposes only. Everyman may supply variants of the models illustrated in this brochure on the Experience Date to fulfil the Experience.
10.4 All information, prices and claims are correct at the time of publication (November 2009). Everyman reserves the right to amend the information or prices relating to the products in this brochure without notice. All prices include VAT.

Force Majeure
11. Everyman shall be entitled by notice to the Participant to suspend the Experience and the (performance of the agreement) if an Event of Force Majeure shall prevent Everyman from offering the Experience.

Limitation of Liability
12.1 The maximum liability of Everyman where:
12.1.1 Everyman has had to suspend the Experience as a result of an Event of Force Majeure shall be limited to re-booking the Experience for an alternative date;
12.1.2 the Participant has been suspended from participating in the Experience as provided for in clause 8.5 shall be limited to the value of the Voucher less the element completed (if commenced) or less a charge of 50% where the Participant has not commenced the Experience.
12.2 Everyman shall be under no liability for any injury, damage or loss sustained by any person while at an Everyman venue (including any venue used by Everyman for the delivery of the Experiences) except for death or personal injury caused by the negligence of Everyman or its employees and agents in the ordinary course of their duties to Everyman.

Third Party Rights
13. For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision the Conditions are not intended to, and do not, give any person who is not a party to them any right to enforce any of the provisions.

Miscellaneous
14.1 If any Condition or any part of any Condition shall be held to be unenforcable or invalid such unenforceability or invalidity shall not affect the enforcability and validity of the remaining conditions or the remainder of the relevant condition.
14.2 The headings and numbering used in the Conditions are for convenience only and shall not affect their interpretation.
14.3 Reference to the singular shall be deemed to be a reference to the plural and vice versa as appropriate.
14.4 Any concession or latitude allowed by Everyman shall not affect Everymans’ rights under or release the Seller to the Buyer from liability in respect of the Conditions.
14.5 This agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

Additional Infortion
What to wear
Please wear comfortable clothing with thin-soled shoes for driving. All safety equipment is provided.

Insurance
The Experiences involve some personal risk. Some insurance policies specifically exclude certain Experiences. Everyman can arrange Personal Accident Insurance for your peace of mind. If you would like further information, please call our Customer Services Department on 01455 841670.

Complaints
Although our aim is always to offer the highest level of service possible, occasionally there may be something that you feel we have overlooked. The easiest way of resolving complaints is to address them on the day. The hospitality staff will endeavour to put things right immediately. If your complaint cannot be resolved on the daylocally, please inform us in writing by post to our Customer Services Department or by email to customer@everymanracing.co.uk. We are always looking to improve upon the service we offer. If you have any thoughts of improvements, please drop us a line.