TERMS & CONDITIONS
LAND ROVER EXPERIENCE CHESHIRE
TERMS AND CONDITIONS
IMPORTANT – THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO ALL GUESTS PARTICIPATING IN A JAGUAR LAND ROVER EXPERIENCE (“EXPERIENCE”) WITH JAGUAR LAND ROVER LIMITED. BY BOOKING THIS EVENT YOU AGREE TO BE BOUND BY THE TERMS SO PLEASE ENSURE THAT YOU READ THEM CAREFULLY.
1 INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are Majorstage Limited a company registered in England with company number 3556789 and whose registered office address is at Peckforton Castle, Stone House Lane, Tarporley, Cheshire, CW6 9TN.
1.2 You can contact us by telephoning or writing to us using the contact details listed next to the relevant Jaguar Land Rover Experience Centre (“JLRE Cheshire”) at www.landrover.com/experiences/find-a-centre/uk.html .
1.3 If we have to contact you we will do so by telephone or by writing to you at the email or postal address you provided to us in your booking.
2 OUR CONTRACT WITH YOU
2.1 Our acceptance of your booking will take place when we email you a booking confirmation, at which point a contract will come into existence between you and us. The terms of that contract are the Terms set out here together with the terms of your booking confirmation.
2.2 If we are unable to accept your booking, we will inform you of this and will not charge you for the Experience. This might be because the Experience is unavailable, because we have identified an error in the price or description of the Experience or because we are unable to meet your specified requirements.
2.3 We will assign a booking reference to your booking and tell you what that is when we send you your booking confirmation. It will help us if you can tell us that booking reference whenever you contact us about your booking.
2.4 These Terms apply solely for the provision of Experiences by us in the UK and take precedence over any other terms and conditions in relation to our provision of and your booking of an Experience.
You must ensure that prior to attending or taking part in an Experience you have read carefully and can comply with the (i) pre-conditions and (ii) general terms set out at the end of these Terms.
4 CHANGES TO BOOKINGS
4.1 If you wish to make a change to a booking you have made please contact us. We will let you know if the change is possible and, if it is possible, we will let you know whether this causes any change to the price or timing of the Experience or anything else which may be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6 – ‘Your rights to cancel the booking’).
4.2 We may make minor changes to your booking:
4.2.1 to reflect changes in relevant laws and regulatory requirements; and
4.2.2 to implement minor technical adjustments and improvements, for example to address a security threat.
4.3 We may also make changes to the Experience itself or these Terms but if we do so we will notify you and you may then contact us to cancel your booking before the changes take effect and receive a refund for any monies paid to date, provided that you have not already attended or taken part in the Experience.
4.4 Where we agree to make any changes to your booking, the Experience or these Terms the amended booking, Experience or Terms will supersede any previous booking, Experience or Terms.
5 SUPPLY OF EXPERIENCE
5.1 We will provide the Experience to you at the date and time and at the JLRE Centre specified in your booking confirmation.
5.2 Where the Experience booked is purchased through a voucher, the booking must be attended within twelve (12) months of the original voucher purchase date. The Experience voucher must be presented on arrival at the relevant JLRE Centre.
6 YOUR RIGHTS TO CANCEL THE BOOKING
6.1 Cancelling the booking because of something we have done or are going to do. You may cancel the booking for any of the reasons set out below and where you do so the contract between us will end immediately and we will refund you in full for the relevant Experience and you may also be entitled to compensation:
6.1.1 we have told you about an upcoming change to the Experience or these Terms which you do not agree to (see clause 4.3 above);
6.1.2 we have told you about an error in the price or description of the Experience you have booked and you do not wish to proceed;
6.1.3 there is a risk that we cannot provide the Experience or part of the Experience in accordance with your booking because of events beyond our control;
6.1.4 we have suspended provision of the Experience for technical reasons or we notify you that we are going to suspend the Experience, in each case for a period of more than four (4) weeks; or
6.1.5 you have a legal right to cancel because of something we have done wrong.
6.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are an individual making the booking wholly or mainly outside of your trade, profession or business, you have a legal right to change your mind within fourteen (14) days from the date of the booking confirmation and receive a full refund.
6.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of a booking (i) once you have attended or taken part in the relevant Experience, even if the cancellation period is still running, (ii) if you make the booking 14 days or less prior to the Experience to which the booking relates, or (iii) if you are a corporate entity, or making the booking for or on behalf of your trade, profession or business.
6.4 Cancelling the booking where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still cancel the booking before it is completed. The contract between us is completed once you have attended and participated in the Experience and have paid us for that Experience in full. If you want to cancel your booking before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. Our contract will end immediately.
6.5 To cancel your booking with us, please contact customer services using the number or email address specified on your booking confirmation. You will need to provide your name, booking reference, address and details of the booking.
6.6 If booking events, see clause 16 below.
7.1 If you decide to cancel the booking:
7.1.1 Within fourteen (14) days from the date of your booking confirmation in accordance with clause 6.2, we will refund you the full price paid for the Experience;
7.1.2 twenty eight (28) days or more prior to the Experience, we will refund you the price paid for the booking by the method you used for payment, however, we may deduct any sums, including expenses, which have already been paid by us or our suppliers in relation to the Experience and which are non-refundable; or
7.1.3 less than twenty eight (28) days prior to the Experience, you will be charged the total price for the Experience.
7.2 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within fourteen (14) days of you telling us that you have changed your mind.
8 OUR RIGHTS TO CANCEL THE BOOKING
8.1 We may cancel a booking at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with the Experience; or
8.1.3 we are unable, for reasons beyond our control, to fulfil your booking and provide you with the relevant Experience.
8.2 If we cancel a booking in any of the situations set out in clause 8.1 above, we will refund any money you have paid in advance.
9 IF THERE IS A PROBLEM WITH THE EXPERIENCE
9.1 If you have any questions or complaints about your booking, an Experience or these Terms, please contact us. You can telephone or email our customer services team using the number or email address specified on your booking confirmation.
9.2 We are under a legal duty to provide you with a service that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to our provision of the Experience. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website
Where you are purchasing a service, such as an Experience, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10 PRICE AND PAYMENT
10.1 The price of the Experience (which includes VAT) will be the price indicated on the order pages when you made your booking. We take all reasonable care to ensure that the prices advised to you are correct, however, please see clause 10.2 for what happens if we discover an error in the price of any Experience.
10.2 It is always possible that despite our best efforts some of the Experiences we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the Experience's correct price at the date of your booking confirmation is less than our stated price at the date of your booking confirmation, we will charge the lower amount. If the correct price at the date of your booking confirmation is higher than the price stated to you, we will contact you for your instructions before we accept your booking.
10.3 We accept payment by:
10.3.1 all major credit and debit cards, with the exception of AMEX.
10.4 All payments must be made in full at the time of booking.
11 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Experience.
11.3 Your safety is our highest priority but you acknowledge that some of the Experiences, particularly any off-road or track driving experiences, involve inherent risks of damage to both you and your property. By participating in such Experiences you agree that you accept that you share in the responsibility to maintain your own safety and that of others and of property by your own actions or conduct.
11.4 We shall in no circumstances be liable to you to the extent any liability arises due to your non-compliance with these Terms.
11.5 Except as set out in this clause 11, we shall not be liable to you whether in contract, tort (including negligence) or otherwise for any direct loss or damage including financial loss, or loss of contracts or goodwill (save that we will be liable for any damage or loss to your tangible property which is directly caused by our wilful misconduct) or for any indirect, special or consequential loss or damage.
12 HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will only collect personal data that is required to deliver the products and services that you have requested. We will keep your personal data for as long as we need it to provide these products and services. We may also keep it to comply with our legal obligations, respond to queries and resolve any disputes, to meet our legitimate interests and to enforce our rights.
12.2 We may share your personal data:
12.2.1 with those third parties who need to handle it so we can provide to you the products, services you have signed up to or requested, for example, payment processing providers;
12.2.3 with third parties in the event we sell or buy any business or assets;
12.2.4 if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or requests, or in order to enforce these Terms or to investigate actual or suspected breaches.
13 OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under these Terms to another organisation.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Experience, we can still require you to make the payment at a later date.
13.6 These Terms are governed by English law and you can bring legal proceedings in respect of the services we provide you with under them in the English courts.
13.7 For groups larger than 9 guests, the booking cannot be made online and needs to be done by contacting the JLRE Centre directly.
14 CONDITIONS SPECIFIC TO A DRIVING EXPERIENCE
14.1.1 All drivers must hold a full and valid driving licence. If you hold a UK licence you will be sent a link which you must follow in order to verify to us the status of your licence. You will also be asked to produce your driving licence on the day of the Experience so please ensure you bring it with you to the JLRE Centre. Failure to do so may result in you not being able to participate in the Experience.
14.1.2 If your licence was issued outside of the UK then your driving licence must be brought and produced on the day of the Experience and you will be required to complete a foreign driving licence document.
14.1.3 All drivers must have no more than six (6) current penalty points on their licence to enable them to participate in any on-road requirements of the Experience. You must notify us prior to your Experience if you have more than six (6) penalty points on your driving licence.
14.1.4 Passengers for an Experience may be permitted at additional cost at the discretion of the relevant JLRE Centre.
14.2 General Conditions
14.2.1 Your Physical Condition
By participating in the Experience you agree that:
(a) you do not know of any circumstances which would disqualify you from driving;
(b) you are not currently suffering from any physical or mental condition which would restrict or impair your alertness or driving ability and of which you have not informed us;
(c) your eyesight meets the standard required for driving.
The course may be unsuitable and therefore not recommended for those who suffer from back problems, neck problems, heart conditions (or any other similar conditions). It may also be unsuitable for those who are pregnant.
14.2.2 Your Obligations
You agree that:
(a) Whilst attending the Experience, you will at all times follow all lawful instructions and any other relevant rules notified to you.
(b) You will not at any time whilst attending the Experience be under the influence of alcohol or any drugs, which may impair your alertness, and driving ability and you will behave in a safe, appropriate and prudent manner.
(c) You will at all times exercise the necessary and high degree of care and attention whilst participating in the Experience.
(d) If you suffer from any disability that could impair your access to the facilities and/or vehicles used in the Experience, you will inform us prior to attending the Experience so that we can make any required and available adjustments.
(e) You will be responsible for the safekeeping of any property you take with you on the Experience. We take no responsibility for any property left at the JLR Centre whilst out on your Experience.
(f) During a driving Experience you must at all times wear the safety restraint belt.
(g) You will be responsible for any speeding and parking fines incurred whilst driving the vehicle and subject to all applicable motoring laws and regulations.
(h) At any time you may withdraw from participating in the Experience, in which event you must notify an instructor on site who will arrange or give you directions for your safe departure from the site.
(a) Any child attending an Experience must be over the age of 5 and accompanied by a parent or guardian and such parent or guardian agrees to be responsible for the child and ensure that they comply with the terms of this clause 14.
(b) Children must be seated in the vehicle in an appropriate child car seat/booster seat for their age and height as required by law, the provision and fitting of which shall be the sole responsibility of the parent/guardian.
(c) Please note that there are very limited facilities for non-participating children and families at our JLRE Centres. Children must be supervised by a parent or guardian at all times whilst at the experience centre and shall at all times remain the responsibility of their parent or guardian.
Pets or animals of any nature are expressly prohibited at any JLRE Centre (except for guide dogs, hearing dogs and registered assistance dogs) and, for the avoidance of doubt, should not be left in any vehicle parked at the JLRE Centre. We reserve the right to contact any relevant authority to make and be responsible for any decision in relation to any animals that are left unsupervised or that are found to be in distress.
14.2.5 Radio Monitoring
Please be aware that from time to time radio communications in vehicles may be monitored for compliance and quality control purposes.
Issued June 2019