Please read these Terms and Conditions carefully before making a ing from our website or purchasing a voucher. You should understand that by making a ing or purchase, you agree to be bound by these terms and conditions.
When reviewing these Terms and Conditions please pay particular attention to clauses 10 and 12 which contain limits on our liability to you.
You should print a copy of these Terms and Conditions for future reference.
Please understand that if you refuse to accept these Terms and Conditions, you will not be able to make a ing or purchase.
SPECIAL OFFERS - All special offers unless otherwise stated cannot be used in conjunction with another offer. More than one discount cannot be applied to one transaction. All gift vouchers unless otherwise specified on the voucher itself are only valid until the end of April 2015.
HEIGHT RESTRICTIONS
The following vehicles have minimum and maximum height restrictions and weight restrictions for drivers and passengers.
C-type, D-type and XKSS
Max Height - 6ft 3" / 1.92m
Min Height - 5ft 2" / 1.59m
Max Weight - 15 stone / 95.25kg
E-type, XK150, MkII
Max Height - 6ft 3" / 1.92m
Max Weight - 18 stone / 114.3kg
Min Height - 4 ft 11" / 1.51m
AGE AND DRIVING EXPERIENCE
All drivers must hold a full and valid driving licence for driving in the UK. If your licence was issued outside of the UK then please notify us prior to participating in the Driving Experience so we can determine whether you may still participate. Both parts of the driving licence must be brought and produced on the day of the experience.
All drivers must be over the age of 25 and have at least three (3) years uninterrupted driving experience on a full licence without serious accident or conviction in the last two (2) years. Your driving licence must be full, valid, and current and must be produced at registration for the event.
All drivers must have no more than 6 current penalty points on their licence to enable them to participate in any on-road requirements
PASSENGERS / CHILDREN
(a) Children (or non driving adults) over the age of 12 and over 1.5m tall (subject to height restrictions for individual cars where appropiate) are only allowed in the vehicle on the basis that they are passengers only.
(b) All children must be seated in the appropriate child car seat/booster seat and such seat must be appropriate for,
and fitted correctly by you to, the vehicle.
(c) The parent/guardian agrees to be responsible for the child named and his/her actions and will
ensure he/she complies with his/her obligations;
THE CARS
Due to the high value of some heritage cars, the C-type, the D-type and the XKSS used in these experiences are recreations built to the original specifications of the cars and come complete with FIA homologation papers. They are owned and fully prepared by Jaguar.
The “Perfect Ten” display car collection is subject to change depending on vehicle availability.
1. INFORMATION ABOUT US
Jaguar Heritage Driving is the trading name of Brandscape Ltd (“we”, “us”, or “our”), We are registered in England and Wales under company number and with our registered office at Coventry CV7 7EB. Our VAT number is GB .
2/3. YOUR STATUS
3.1 By making a ing or purchase through our website, you agree that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 25 years old;
(c) You are accessing our website from the UK.
3.2 You agree that the person or persons who will participate in a Jaguar Heritage Driving Experience (“Experience”) as a result of your ing or purchase meets all of the qualifying requirements set out in this document (see Height, Age and Driving Experience.)
3.3 If we discover that you are not legally entitled to make a ing or a purchase, we will not be obliged to accept your order.
4. HOW THE CONTRACT IS FORMED BETWEEN US
4.1 Where we refer to an order in these Terms and Conditions, this includes any ing you make and any order for any voucher you wish to purchase.
4.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted (a Confirmation). A legally binding contract between us and you (a Contract) will only be formed when we send you the Confirmation. It is normal for us to send the acknowledgement and the Confirmation in the same email.
4.3 If an Experience is no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Experience, we will refund you the full amount you have paid as soon as possible.
5. PRICE
5.1 The price of an Experience will be the price set out on the relevant page of this website at the time you submit your order. We take all reasonable care to ensure that the prices of the Experiences are correct at the time when the relevant information was entered onto our website. However, it is always possible that, despite our reasonable efforts, some of the Experiences on our website may be incorrectly priced. We cannot confirm the price of an Experience until your order is accepted by us. If we discover an error in the price of the Experience you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Experience at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Experience to you at the incorrect (lower) price.
5.2 We reserve the right to change the prices of Experiences at any time, but changes will not affect any order for which we have sent you a Confirmation.
5.3 Prices on our website are shown in pounds sterling (GBP) and are inclusive of UK VAT at the applicable current rate chargeable in the UK at the time you submit your order.
5.4 Payment must be made in full at the time you submit your order by credit or debit card or PayPal. A ing charge will be applicable and added to all orders.
6. VOUCHERS
6.1 Where you purchase a gift voucher, our e-vouchers or printed vouchers are evidence of payment for, and entitlement to, a given Experience . Each voucher carries a unique serial number, which must be quoted when dealing with us. Vouchers and the associated references must be kept safely and securely. We cannot accept responsibility for any loss you may incur as a result of voucher theft, impersonation or identity fraud. The unique serial number on the voucher should be used at the point of ing on the internet or alternatively sent to the operator if requested to secure the ing (we would recommend sending vouchers by secure mail as they are not replaceable if lost).
6.2 Our vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. We accept no liability in these circumstances. Vouchers can only be redeemed once and therefore should be kept safe and not photocopied or distributed to others as we accept no liability for identity fraud. All vouchers are non-refundable other than in accordance with clause 7 below.
6.3 Each voucher is valid for a period of nine months from date of purchase unless otherwise stated. Experiences must be ed and undertaken prior to the nine months expiry date, otherwise the voucher will be deemed invalid and no liability will be accepted by us. By way of example, if a voucher is purchased on 25th February, it will be valid until 24th November, by which time the Experience must have taken place.
6.4 A voucher which has been re-sold (for example, through Internet auction sites or by any other means) without our prior consent will be considered invalid and we shall not be required to provide any place at an Experience or any refund in respect of that voucher.
7. YOUR RIGHT TO CANCEL
7.1 If you are a consumer (that is, you enter into the Contract for a purpose outside your trade, business or profession), you have a right to cancel the Contract, without giving any reason, at any time within 14 days of receiving the Confirmation provided that the Experience you have purchased is not scheduled to take place within 14 days of the day on which you receive the Confirmation.
7.2 To cancel a Contract under clause 7.1, you must inform us by giving a clear statement of your decision to cancel. You can also inform us in writing by sending an email to by sending a letter to us at Brandscape Limited, Coventry CV7 7EB or by calling us on . If you send us your cancellation form by e-mail or by letter, then your cancellation is effective from the date you sent the e-mail or letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us. If you use the model cancellation form on our website, your cancellation is effective as soon as you submit the form.
7.3 If you cancel the Contract under clause 7.1, we will refund to you all payments you have made to us under the Contract in accordance with clause 7.4.
7.4 We will refund you without undue delay, and in any event no later than 14 days after you inform us of your decision to cancel the Contract. We will refund you using the payment method you used to pay, unless you expressly agree otherwise. You will not have to pay any fees as a result of the refund.
7.5 Where you do not have the right to cancel the Contract under clause 7.1 You may still at any time up to 28 days before the Experience, cancel a ing and in these circumstances our refunds policy set out in clause 9 below will apply.
7.6 This clause 7 does not affect your statutory rights.
8. LOCATION AND VENUES
We reserve the right to change the location of the Experience in exceptional circumstances. We will notify you as soon as possible of any necessary changes.
9. OUR REFUNDS POLICY
Except where clause 7.1 applies, if you cancel a ing:
(a) more than 28 days before the date on which the Experience is scheduled to take place, we shall issue you with a credit note to be used for another Experience (subject to availability); or
(b) less than 28 days but more than 7 days before the date on which the Experience is scheduled to take place, you shall not be entitled to a credit note but we shall endeavour to rearrange an alternative date where possible and subject to availability; or
(c) less than 7 days before the date on which the Experience is scheduled to take place, you shall not be entitled to a credit note or a refund and we shall not be required to rearrange an alternative date.
10. OUR LIABILITY
10.1 This clause 10 does not affect your statutory rights if you are dealing as a consumer when purchasing Experiences or vouchers.
10.2 You acknowledge that you, or anyone who is participating in an Experience purchased by you, participates in the Experience at their own risk and accepts responsibility for the consequences of their own conduct. You and they acknowledge that any driving activity can be dangerous and entails known and unanticipated risks. We, our employees and agents will not be liable under the Contract for any loss or injury suffered by a participant in an Experience as a result of your, or the participant’s, failure to disclose any of the matters referred to in clause 24 below provided the loss or injury is not caused by our negligence or deliberate acts.
10.3 In order to take part in any Experience a participant must sign a risk acknowledgement form and confirm his or her eligibility to participate in the Experience as set out on this website. No refund shall be payable if a participant is not able to take part in an Experience because he or she does not sign a risk acknowledgement form or confirm eligibility to participate.
10.4 If we fail to comply with the Contract or are negligent, we are (subject to clauses 10.5, 10.6, 10.7 and 10.8 below) responsible for the loss or damage that you suffer that is a foreseeable result of our failure or our negligence, but we are not responsible for any loss or damage that is not foreseeable, unless our failure was deliberate. Loss or damage is foreseeable if it is an obvious consequence of our failure or negligence or if it was contemplated by you and us at the time we entered into the Contract.
10.5 Subject to clause 10.6, our liability to you arising under or in connection with the Contract is strictly limited to an amount equal to the price you have paid for the Experience under the Contract.
10.6 Nothing in these Terms and Conditions excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.7 Subject to clause 10.6 above we will under no circumstances whatever be liable to you under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data; or
(g) waste of management or office time however arising.
10.8 If we have informed you that a participant’s Experience will be filmed by an on board camera we will use our reasonable efforts to do so and make available to the participant a DVD containing the video footage of his/her Experience. However, due to the nature of such an Experience we may occasionally experience technical problems with our equipment which prevents us from filming. In these circumstances, we shall refund to you the sum of £20, but shall have no further liability to you or the participant whatsoever.
11. EXPERIENCE DESCRIPTIONS, FORMATS AND DURATIONS
Details of Experience description, format and timings given on our website and in any other literature are intended only to present a general idea of the Experience, and shall not be legally binding on us. In particular, photographs are for illustrative purposes only and do not form part of any contract between you and us. Delays, curtailments and breakdowns are not within our control and therefore we cannot be held liable if these should occur. Please note that we reserve the right to alter any part of the Experience where such an alteration is for safety reasons or has been imposed by the venue. We do not guarantee that any specific vehicle or model will be used for any Experience. We cannot be held responsible for descriptions on any third party or agent sites.
13. PROBLEMS ON THE DAY
We welcome your feedback on all of our Experiences. If you encounter a problem on the day, please immediately bring it to the attention of the host or driving instructor at the venue so that they have a chance to put matters right. If you have attempted resolution but the problem was not resolved on the day, please write to us within one week of your Experience (providing your reference number, participant name and venue details, including who you spoke to on the day) and we will take the matter up. The address to write to is: Brandscape Ltd at Brandscape Ltd. Coventry CV7 7EB.
14. DISCOUNT CODES AND ENTITLEMENTS
From time to time, we may make offers and discounts at various locations or times of year. We reserve the right to exclude any product or event from discount schemes. Only one discount code may be used per order. Discounts apply to new orders only and cannot be used against exchanges, money on account, delivery and fulfilment charges or any other facility provided by us. You may be required to provide evidence of your entitlement to any discount.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. NOTICES
All notices given by you to us must be given to in writing to Brandscape Ltd at Brandscape Ltd. Coventry CV7 7EB or by email at . We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us.
17.2 You may not transfer or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer the Contract or transfer or sub-contract any of our rights or obligations under the Contract at any time provided that this shall not affect any Experience or voucher you have purchased.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control a (Force Majeure Event) which shall include (without limitation) any of the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) acts, decrees, legislation, regulations or restrictions of any government;
(e) storms, snow, ice, fog and other weather events which impact on the ability to provide the Experience safely;
18.2 We shall be entitled to cancel an Experience if a Force Majeure Event occurs which will affect the Experience. If this happens we will promptly contact you to let you know and we will rearrange an alternative date (provided that it is possible to do so) or (where it is not possible) we will refund to you the price you have paid for the Experience using the same method originally used by you to pay.
19. SEVERABILITY
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
These Terms and Conditions and any document referred to in them represent the entire agreement between us and you in relation to the subject matter of your order and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We may revise these Terms and Conditions from time to time .
20.2 You will be subject to the Terms and Conditions in force at the time that you place your order unless we notify you otherwise in the Confirmation. Where we notify you of a change in the Confirmation we shall be entitled to assume that you accept the change unless you notify us to the contrary within 7 days of receiving the Confirmation.
22. LAW AND JURISDICTION
The Contract will be subject to English law. Any dispute arising from, or related to, the Contract will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. INTELLECTUAL PROPERTY
Material found within the pages of www.jaguarheritagrdriving.com may not be copied, reproduced, downloaded, posted broadcast or transmitted in any way without our prior written permission. We will own the intellectual property rights in any video footage we take of any Experience.
24. DATA PROTECTION
We will process information about you in accordance with our privacy policy. By using our website you consent to such processing.
25. QUALIFYING REQUIREMENTS
By placing an order you agree that:
25.1 The intended participant in the Experience is in good health and has eyesight at least to the standard required by law for driving.
25.2 The intended participant in the Experience has a full, valid driving licence which legally entitles them to drive both manual and automatic vehicles in the UK. Participants will be required to produce both photocard and paper counterparts of their driving licence on the day of the Experience. Failure to produce a valid driving licence will result in the participant not being able to take part in the Experience.
25.3 The intended participant in the Experience shall not take part in the Experience if he/she suffers from any medical conditions that could affect his/her ability to drive, or if the he/she is taking any medicines specifically stating that he/she should not drive. If you are in any doubt as to the effect of any condition or medication on eligibility to participate then we recommend that you or the intended participant (if this is not you) seek professional medical advice from a suitably qualified medical practitioner before participating in the Experience.
25,4 The intended participant’s eyesight meets the standard required for driving in the UK.
25.5We do not advise that the intended participant takes part in the Experience if they have back problems, a heart condition or are pregnant. Any participant who chooses to participate in the Experience against this advice does so at their own risk.
25.6 The intended participant in the Experience shall not take part in any driving activity whilst he/she is under the influence of alcohol or non-prescription drugs.
25.7 Hand held mobile phone (or other communication device) must not be used at any time whilst driving and a participant must wear a properly fastened seat belt at all times whilst driving (or being driven in) an event vehicle.
25.8 Participants in any Experience must comply with all reasonable requests and instructions of our authorised representatives during attendance at the venue.
25.9 If a participant does not comply with any of the requirements set out in this clause 24 he/she will not be allowed to participate or to continue to participate in the Experience and in such circumstances neither you or the participant (if this is not you) will be entitled to a refund or to attend an Experience on an alternative date.