Terms of Service
General
The following conditions together with such other terms, conditions and notices as may be set out in any relevant brochure or D4Y Store Website apply to all sales by D4Y Store. It is the intention of D4Y Store that all terms between it and the Buyer are contained in the Conditions. No alteration to the Conditions will be binding unless accepted by D4Y Store in writing. The Conditions are subject to amendment by D4Y Store provided it is reasonable for it to do so by the posting on D4Y Store 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 Gift Voucher has been purchased by the Buyer.
1.2 “Buyer” means the person purchasing the Experience or Voucher from D4Y Store.
1.3 “Cancellation Scheme Cover” means the scheme operated by D4Y Store whereby the Event Date may be changed once, without further charge, in the event of:
1.3.1 death or illness of the Participant or immediate family member; or
1.3.2 Disruption of the Participant’s travel on the Event Date.
1.4 “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 D4Y Store for its performance of the contract; breach of contract by any essential personnel; any other matter or cause beyond the control of D4Y Store.
TERMS & CONDITIONS
General
The following conditions together with such other terms, conditions and notices as may be set out in any relevant brochure or D4Y Store Website apply to all sales by D4Y Store. It is the intention of D4Y Store that all terms between it and the Buyer are contained in the Conditions. No alteration to the Conditions will be binding unless accepted by D4Y Store in writing. The Conditions are subject to amendment by D4Y Store provided it is reasonable for it to do so by the posting on D4Y Store Website prior to the sale. Nothing in the Conditions shall affect the statutory rights of a consumer.
Definitions
1.5 “Beneficiary” means the person for whom the Experience or Gift Voucher has been purchased by the Buyer
1.6 “Buyer” means the person purchasing the Experience or Voucher from D4Y Store.
1.7 “Cancellation Scheme Cover” means the scheme operated by D4Y Store whereby the Event Date may be changed once, without further charge, in the event of:
1.7.1 death or illness of the Participant or immediate family member; or
1.7.2 disruption of the Participant’s travel on the Event Date.
1.8 “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 D4Y Store for its performance of the contract; breach of contract by any essential personnel; any other matter or cause beyond the control of D4Y Store.
1.9 The Experience must either be undertaken by the Participant or converted to an Experience Voucher within the term of the Gift Voucher (whether extended or not).
2.0 Gift Vouchers cannot be exchanged for cash.
2.1 Gift Vouchers will be subject to verification at time of presentation and D4Y Store reserves the right not to accept any vouchers that have or appear to have been forged, damaged, defaced or otherwise tampered with.
2.2 No responsibility will be accepted for lost, stolen, or damaged Gift Vouchers and such vouchers shall not be refunded.
2.3 To deface a voucher will render it invalid.
2.4 Change is not normally given on exchange to an Experience Voucher or Experience which costs less than the value of the Gift Voucher presented. However, D4Y Store in its absolute discretion may give change in smaller denominational gift vouchers, credit notes or small amounts of change in cash.
Cancellation Rights
3.1 The Buyer can cancel the contract with D4Y Store 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.
3.2 If the Participant wishes to return the Voucher Pack, it must be returned to D4Y Store and the Buyer must pay the cost of returning the Voucher Pack. Alternatively, D4Y Store will arrange to collect the Voucher Pack, but the Buyer will have to pay the cost of collection.
3.3 To cancel the contract the Buyer will need to send a letter to D4Y Store, 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 D4Y Store by one of the specified means.
3.4 The Buyer cannot cancel this contract where the seal is broken on any CD or DVD supplied in the Voucher Pack.
Experience Date Changes and Refunds
4.1 Once the Participant has selected the Event Date the Participant may change the date subject to paying D4Y Store £35 administration fee where nomination to change the date is made more than 30 days preceding the Event Date.
4.2 The Participant may not amend the date within 30 days of the Event Date without forfeiting the value of the Experience Voucher.
Clause 4.1 and 4.2 shall not operate where the Buyer (in the case of Experience Vouchers or Gift Vouchers) or
the Beneficiary (in the case of converting Gift Vouchers to Experience
4.3 Vouchers) has taken up Cancellation Scheme Cover and supplied such documentary evidence as required by the terms of the scheme.
4.4 Subject to clauses 4.1 to 4.4 inclusive, D4Y Store will refund Gift Vouchers and Experience Vouchers (where an Event Date has not been selected by the Participant) less 25% for administration charges.
4.5 Any Extras will be refunded in full.
4.6 Any refund will only be repaid to the Buyer via the original means of payment.
Delivery of Voucher Packs
5.1 Voucher Packs are sent by first class post unless the Buyer has opted for Express Delivery.
5.2 The times for delivery in the booking form are indicative and D4Y Store cannot be held liable for any loss suffered as a result of the non-arrival of the Voucher Park within the specified times.
Payment
6.1 Subject to clauses 7.2, full payment is required at the time of booking.
Restrictions on Participation
7.1 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.
7.2 For Kid’s Courses there is no requirement to hold a driving licence, but:
7.2.1 the child must be 12 years of age or older;
7.2.2 be 1.48 metres tall;
7.2.3 be accompanied by a parent or guardian who must remain at the venue during the child’s period of activity.
7.3 Participants shorter than 1.5 metres or taller than 1.9 metres tall and/or weighing more than 105 kg may have difficulty being accommodated. It is for the Buyer to be satisfied both at the time of purchase and on the Event Date that the Participant can undertake the Experience. No refund will be given.
7.4 Given the nature of the Experience will involve some personal risk; the Participant will be required to sign a disclaimer before undertaking the Experience.
7.5 In the interests of safety, D4Y Store 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.
7.4 With the exception of Guide Dogs, no other pets or animals are allowed at any of our venues.
Damage by the Participant
8.1 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 the supplier arising out of any act or omission of the Participant.
8.2 The Buyer shall not be liable under the terms of clause 9.1 where the Participant has opted to take out Vehicle Damage Waiver. (Supplied by the Supplier at the time of the Experience).
8.3 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. and liable for all cost to the Supplier.
8.4 The Buyer shall be additionally liable for any damage to the track not owned by D4Y Store as a result of the Participant’s deliberate, negligent or reckless actions whilst participating on an Event.
Lost Gift Vouchers
9.1 If a D4Y Store Gift Voucher is received and subsequently lost, the recipient may be eligible to have a
replacement voucher emailed to them. Conditions for replacement of lost D4Y Store Gift Vouchers:
9.12 the voucher is still valid and has not yet been exchanged or used.
9.13 roof of purchase is provided; either an order number, purchaser's full name or purchaser's email address.
9.14 D4Y Store is able to correctly verify you as the original recipient.
Please note it is the voucher recipient's responsibility to obtain and provide D4Y Store with all required
verification details. Failure to do so will mean no replacement voucher can be issued.
9.15 a charge of £10.00 will be chargeable.
Experience Content, Website Description and Prices
10.1 D4Y Store reserves the right to make changes to the Experience content without notification.
10.2 Session lengths are given as an indication only and D4Y Store 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. D4Y Store 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. D4Y Store may supply variants of the models illustrated in this Website on the Event Date to fulfil the Experience.
10.4 All information, prices and claims are correct at the time of publication (November 2010). D4Y Store reserves the right to amend the information or prices relating to the products in this brochure without notice. All prices include VAT. (Vat will change 3rd January 2011 to 20%)
Gift Voucher Delivery
11.1 It is the responsibility of the purchaser to give D4Y Store the correct address on purchasing, whether by email,
post or courier. D4Y Store cannot be held responsible for any damaged, missing or delayed orders
where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions)
have been provided.
11.2 All Gift Vouchers are dispatched from D4Y Store UK Office. All delivery charges are non-refundable.
11.3 A redelivery charge will apply (depending on the delivery method chosen) if the item is lost after receipt,
if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe
place to leave the item. Overseas Delivery Charge Standard £3.00 – Special Delivery £8.50
11.4 Delivery via the UK’s Postal System
Standard Post delivery is via Royal Mail. D4Y Store accepts no responsibility for any damage, loss or delay as
a result of using United Kingdoms Royal Mail Postal service. If for any reason your Gift Voucher doesn’t
arrive, please contact us immediately and we can cancel and arrange a new Gift Voucher free of charge.
Force Majeure
11.1 D4Y Store 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 D4Y Store from offering the Experience.
Limitation of Liability
12.1 The maximum liability of D4Y Store where:
12.1.1 D4Y Store 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 Experience Voucher less the element completed (if commence) or less
a charge of 50% where the Participant has not commenced the Experience.
12.2 D4Y Store shall be under no liability for any injury, damage or loss sustained by any person while at
a D4Y Store venue (including any venue used by D4Y Store for the delivery of the Experiences except
for death or personal injury caused by the negligence of D4Y Store or its employees and agents in the
ordinary course of their duties to D4Y Store.
Third Party Rights
13. For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision these Conditions 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 unenforceable or invalid such unenforceability or invalidity shall not affect the enforceability 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 male gender shall be deemed to be a reference to male or female as appropriate.
14.4 Any concession or latitude allowed by D4Y Store shall not affect D4Y Store rights under or release the Seller to the Buyer from liability in respect of the Conditions.
ADDITIONAL INFORMATION
Web-site and Offer Brochure Prices
These are correct at the time of going to press but the company reserves the right to increase/decrease prices at its discretion. However, where such price increases are made clients will be notified before placing an order. If upon activating your gift voucher the customer will be asked to pay the difference. Gifts will only be issued after payment has been made in full to the company.
What to Wear - Clothing
We recommend that you come prepared for the extremes of the British climate! Please wear comfortable driving clothing. On cold/wet days you will need warm waterproof clothing, gloves and hats, whilst on summer days the site can become extremely hot and dusty (sun cream). On dry days, wearers of contact lenses may experience some discomfort.
Lunch arrangements
Catering facilities are available on site; this does vary depending on venues
Spectators
Spectators are welcome to the event. We are able to offer driving gifts on the day, these can be purchased at the circuit. Due to insurance restrictions, children under the age of 12 are permitted but must be supervised at all times whilst on the site by an accompanying adult. Dogs (except guide dogs) or pets cannot be admitted under any circumstances.
On the of day of Arrival at the Event
Please arrive in good time for registration. We ask that you arrive at least 30 minutes before your scheduled start time so that you can receive relevant information before taking part in your event. We cannot permit anyone to participate in an experience without attending/receiving a drivers briefing, this can be as a group or with your instructor behind the wheel, this will vary depending upon which event you are doing. All customers must allow plenty of time for their journey if they are late (arriving after their agreed arrival time stated on their letter) they will not be able to take part in their experience.
Restrictions on Taking Experiences
Certain experiences provided by experience providers are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page and also in the email of your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience.
The Weather
Many experiences are weather dependent. You will have the experience provider's details so you can call to confirm whether adverse weather affects your proposed experience. We suggest you call on the morning of your experience if you have any doubt about the weather suitability. If bad weather affects a booking it will be rescheduled at no cost to you. You are required to reschedule as the voucher is non-refundable.
Experience Session Length
Experience session are approximate and are given by experience providers as a guide to the total time you will be at their venue. Unless otherwise stated, you will normally take your turn with the experience provider's other customers and there may be waiting time involved. Any itinerary provided to you is indicative only and the order of events may change.
Insurance
The Experiences involve some personal risk. Some insurance policies specifically exclude certain Experiences. D4Y Store can arrange Personal Accident Insurance for your peace of mind. If you would like further information, please call our Customer Services Department.
Driving Ability
We do ask that all participants bring their driving licenses with them for their event, we also request that you can drive a vehicle with a manual gear box.
Descriptions of Experiences and Gift Boxes Experiences
Independent experience providers provide the information about their experiences. We try to ensure that our promotional information is accurate and up to date. However, the content or format of some experiences may change slightly from time to time. The experience provider (upon confirmation of each booking) will provide the final details about each experience. The experience provider will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the experience provider's terms and conditions at the time your booking is confirmed by the experience provider.
Complaints
The easiest way of resolving complaints is to address them on the day. The hospitality staff endeavour to put things right immediately. If your complaint cannot be resolved locally, please inform us in writing by post to our Customer Services Department or by email to info@d4ystore.net. We are always looking to improve upon the service we offer. If you have any thoughts of improvements, please drop us a line.
D4Y Store will not be responsible for any accommodation, travel or incidental expenses incurred by customers attending any of the experiences we provide. D4Y Store’ liability for any claim of breach of obligation regarding any single voucher or experience shall not exceed the price of that experience. This excludes claims arising from personal injury or death due to the negligence of D4Y Store or anyone for whom we are responsible.
All the above terms and conditions apply as a condition of using any voucher, whether or not the voucher holder is the original purchaser.
FORMULA ONE ART
Please note that all images in the Formula One product section are copyright Click 2 Design Limited. You may not copy, modify, transmit, distribute, perform, display, or sell any of the images in any way.
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