OPENTRACK EVENTS LIMITED
Opentrack
TERMS AND CONDITIONS For 2010

Definitions

“us”, “we” and “our” means OPENTRACK EVENTS Limited of 45 Jeavons Lane Great Cambourne Cambridge CB23-6AF

“you”, “your” and “yourself” means the individual or organisation set out on the booking page annexed to these terms and conditions and shall include all or any additional drivers or passengers participating in the Event under your booking form

”Event” means the specific event details on the booking page annexed to these terms and conditions

“UK” means the United Kingdom

“the Track” Means the track owner/event organizer at which the Event is held


Booking and Payment

All events are offered subject to availability and on a strictly first come first served basis

There shall be no formal and binding contract between us and you until the requested deposit (or where appropriate the full amount due) has been received by us.

Failure to pay the balance of any deposit (or where appropriate the full amount due) as requested will entitle us to cancel the booking without further advance notice to you.

Any Event taking place within the UK must be paid for in full when the booking is made.

Any Event taking place outside the UK must be paid for in full no later than eight weeks prior to the date of the event with a deposit paid when the booking is made. In the case of an Event taking place outside the UK, payment shall only be accepted by credit card. In making such payment, you authorize us to deduct any additional fees and costs incurred in relation to the booking at the appropriate time once these fees and costs are known.

Provisional bookings will be confirmed only once payment is received in full.

We reserve the right to cancel or refuse any bookings at our sole discretion.

Pricing

The current prices are shown on our website and will be confirmed at the time of booking.

There will be an additional charge for second drivers and passengers which will also be shown on the website and confirmed at the time of booking.

We reserve the right to change any of the prices advertised on our website without prior notice.

All bookings made by Credit Card will be subject to an additional surcharge of 2.5%to cover card charges. (This surcharge does not apply to Debit Cards)

All bookings made offline for events within the UK will be subject to an additional £10 administration charge by us.

Alterations and Cancellations

UK Events

All refunds given are at our sole discretion. Our standard cancellation policy is to credit your Opentrack Events Limited account with the appropriate sum based on the formula set out below in condition 4.2 below

You may cancel your contract at any time prior to the commencement of the Event by giving us advanced written notice at our address referred to above PROVIDED THAT we shall be entitled to deduct from any money previously paid by you, sums based on the following scale:
30 days or more prior 10% of full cost
15-29 days prior 25% of full cost
7-14 days prior 50% of full cost
Less than 7 days prior 100% of full cost
No show 100% of full cost

If you make any alteration or amendment to your booking after the date on which the balance is due, you will be charged an administration fee of £25 plus VAT by us. In addition, you may also be charged (where appropriate) a sum equivalent to any unrecoverable costs incurred by us arising from your further alteration or amendment.

Events outside UK

You will not be entitled to any refund or credit note in respect of either an initial deposit or full balance paid for the Event if it is outside the UK
Final payment is due 56 days prior to the event after which no refunds are available.

There shall be no refund made by us if the Event is terminated either on the day of the Event or shortly before as a result of adverse weather or other matters which in our reasonable opinion are beyond our control provided that we will use our reasonable endeavours to arrange a replacement event at such additional costs (if applicable) as are reasonably obtainable.

Compliance with Track Regulations

Track regulations imposed by each Track will be available from us by prior request and in a hard copy form at the drivers briefing.

You agree to be bound by the Track regulations throughout the Event and it will be your responsibility to ensure that you have read these thoroughly prior to the start of the Event.

You must attend all drivers briefings held during the Event and sign all necessary driver and/or passenger indemnity forms prior to participating in any Event.

You undertake that all vehicles brought by you to the Event must be capable of passing an MOT test or conform to current RAC MSA regulations.

You acknowledge that we will not be inspecting other vehicles on the track and that we give NO GUARANTEE as to the suitability of other vehicles at the Event.

Please note that cars not effectively silenced to the noise limit stated on the Final Instructions document of the event, will be subject to an immediate exclusion from the Event without any refund.

Timing and competitive driving is strictly forbidden and any driving which, in our unqualified opinion is aggressive or inconsiderate will result in the driver being immediately excluded from the remainder of the Event without any refund.

All drivers, passengers and guests must wear at all times during the Event the appropriate wristband to acknowledge these terms and that they hold us and the Track free from any liability or blame arising from any risk associated with the Event.

Please note that your compliance with these terms and conditions is in addition to and not substitution of the additional track regulations enforced by the Track. We reserve the right to exclude your participation in the Event or the remainder of the Event arising from your breach of these terms and conditions or any regulations imposed by the Track.

Risks Associated with the Event

is potentially dangerous and that there are numerous risks associated with it. Such risks dangers include but are not limited to, collisions with spectators, vehicles, other drivers and/or fixed or moving objects and the negligence of other drivers. Further, you fully understand and realise that your participation in the Event may result in serious bodily injury and/or death to yourself or others.

With the full knowledge and understanding of the potential risks referred to above and associated with your participation in the Event, you enter the Event voluntarily and fully accept and assume every such risk for loss, damage or injury (including death).


Weather

You acknowledge and realise that your participation in the Event may be halted or cancelled due to adverse weather conditions. Should the day be cancelled due to adverse weather, for example but not limited to snow, ice, fog we will hold the fee paid for that day. The amount will then be put towards another trackmarques event of your choosing during the coming year be it in the Uk or Europe. We will only halt an event when your safety or that of the circuit staff is called into question.


Waiver of Liability

In consideration of you being permitted to take part in the Event, you waive, release and discharge for yourself, your executors, administrators and legal representatives all or any rights and/or claims which you have or may have in the future against the Track or us, our officers, directors, employees, consultants, agents and sponsors for all and any damages, injuries (including death), and/or claims which may be sustained by you directly or indirectly arising from your participation in the Event, which shall include the application of emergency or medical services at the Event, notwithstanding that these damages, injuries (including death) and/or claims are caused by the negligence of those persons listed above.

Further, you agree not to hold liable the Track or us or our officers, directors, employees, consultants, agents or sponsors for all or any damages, injuries (including death) and/or claims which may be sustained by you directly or indirectly arising out of your participation in the Event. This waiver shall include but not in any way be limited to all claims for personal injury, death, property damage, financial loss, breach of contract, negligence claims or any other claim arising out of your participation in the Event and shall also include all legal costs otherwise recoverable arising from such claims.

Having given the above waiver, you fully understand its terms and understand that you have relinquished significant rights by doing so. You have done this at your own free will and without any coercion or duress from any third party. You fully intend your waiver to be a complete and unconditional release of all liability to the extent permissible by law and agree that if any aspect of this waiver is held to be invalid, then the remainder of this clause and these terms and conditions generally shall continue in full force and effect.

Indemnity

You hereby agree to fully release and unequivocally indemnify the Track and us, our officers, employees, consultants, agents, sponsors, licensees and assigns from all and any claims, demands, damages, liabilities or legal action arising either directly or indirectly from your actions or otherwise at any Event whether made or claimed before, during or after the Event and which shall include all associated costs and expenses and any sums which otherwise may have been paid as a full or partial settlement or compromise of any claim or liability.

You further agree that where any initial booking payment has been made by you using a credit card, we shall be entitled to deduct such further sums from your credit card as are necessary to reimburse us for all and any costs or fees incurred as a result of any damage caused by you or any persons forming part of your group to the infrastructure of the track. You acknowledge however that such charges will only be payable to us where the Track has demanded payment from us.

General

Unless we have first agreed in writing, we are not bound by any variation to these terms and conditions

You agree and accept all of these terms and conditions and understand that whilst we will use our reasonable efforts to ensure that all other participants at the Event abide by these terms and conditions, we cannot guarantee that these terms and conditions will at all times be complied with nor be held responsible or liable in anyway for their non-compliance.

You agree that by completing the booking form and accepting these terms and conditions you are entering into a legally binding agreement with us to participate in the Event on our terms and conditions.

You declare that all the information supplied by you on the booking form is to the best of your knowledge and belief correct and that you have read and understood the terms and conditions and agree to all of them (including but not limited to those relating to waiver of liability and indemnity) in full.

You further understand that whilst we will make every effort to ensure that your personal information is kept private, we shall not be held responsible nor liable should any information be lost or stolen by any third party.

Law and Jurisdiction

This contract is subject to the law of England and Wales.