Terms & Conditions

# PERFORMANCE CARS UK

## TERMS & CONDITIONS

**Performance Cars UK – Trackdays, Meets & Driveouts!**
**Bespoke Driving Events Since 2017**

### 1. ABOUT THESE TERMS

These Terms & Conditions apply to bookings made with Performance Cars UK (“PCUK”, “we”, “us” or “our”).

By making a booking, the lead customer confirms that they have read and accepted these Terms & Conditions and have authority to make the booking on behalf of any passengers included within their booking.

Event-specific information shown on the relevant event page, booking information or booking confirmation also forms part of the booking.

Nothing within these Terms & Conditions affects any statutory rights that cannot lawfully be excluded or restricted.

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### 2. WHAT YOUR BOOKING INCLUDES

The services included within each booking will be stated in the relevant event description and/or booking confirmation.

Depending upon the event, these may include:

* Hotel accommodation
* Breakfast where specified
* PCUK event administration
* Event information and customer support

Unless expressly stated otherwise, customers are responsible for arranging and paying for their own transportation to, from and throughout the event.

This includes their own vehicle, fuel, insurance, tolls, road charges, ferries, Channel Tunnel crossings, public transport, taxis and other personal travel expenses.

Food and drink other than meals specifically stated as included are also the customer's responsibility.

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### 3. COMPLIMENTARY SUGGESTED SELF-DRIVE ROUTES

PCUK events take place in locations selected with motoring enthusiasts in mind.

To help customers independently explore and enjoy these areas, PCUK may provide **complimentary suggested self-drive information**.

This may include:

* Suggested routes
* GPX files
* Navigation links
* Suggested roads
* Scenic locations
* Suggested stops
* Points of interest
* Fuel-stop information
* Approximate journey times
* Suggested departure times
* Alternative routes

All such information is **suggested and optional**.

Customers are free to follow the complete suggested route, follow only part of it, modify it, use an alternative route or travel directly to the next accommodation or destination.

There is no requirement to complete any particular suggested route in order to participate in the event or use the accommodation included within the booking.

PCUK does not provide a compulsory guided-driving or lead-car service.

The PCUK organiser may personally drive a suggested route and customers may choose to travel at similar times or drive with other participants. This does not remove each driver's responsibility for their own navigation, driving decisions and safety.

Suggested routes and timings may change because of road closures, weather, traffic, local restrictions, construction, safety considerations or other circumstances.

Customers should always check current road conditions, restrictions and applicable laws and make their own decision as to whether a particular road or route is appropriate.

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### 4. DRIVER AND VEHICLE RESPONSIBILITIES

Every driver participating in an event is responsible for ensuring that they:

* Hold an appropriate and valid driving licence
* Have appropriate motor insurance for their vehicle and intended use
* Have appropriate insurance for every country through which they travel
* Use a legally compliant and roadworthy vehicle
* Have any documentation or equipment required by the countries visited
* Comply with all applicable traffic and road laws
* Pay their own fuel, tolls, road charges, parking charges and fines
* Make their own decisions regarding routes, road conditions and whether it is safe and lawful to continue

PCUK does not assess the competence of individual drivers or the mechanical condition or legal compliance of participants' vehicles.

Each participant drives independently and remains responsible for their own actions and driving decisions at all times.

Customers are strongly advised to arrange suitable breakdown and recovery cover, particularly for events outside the UK.

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### 5. EVENT CONDUCT

PCUK events are intended to be enjoyable and sociable events for motoring enthusiasts.

Participants must behave responsibly and respectfully towards other participants, PCUK representatives, hotel staff, members of the public and other road users.

Participation in a PCUK event does not provide any exemption from normal road traffic laws.

Dangerous, reckless, unlawful, threatening, abusive or seriously disruptive behaviour will not be accepted.

Where PCUK reasonably considers a participant's behaviour to present a serious risk to other people, the event, accommodation providers or PCUK's reputation, we reserve the right to cease providing further event support to that participant and, where appropriate, require them to leave PCUK-organised group activities.

Any such decision will be made reasonably and taking account of the circumstances.

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### 6. BOOKING, DEPOSITS AND BALANCE PAYMENTS

A booking is confirmed when the required deposit has been received and PCUK has accepted the booking.

The deposit amount and balance due date will be stated in the relevant event information and/or booking confirmation.

Balance due dates vary between events because accommodation providers and other suppliers have different payment deadlines.

The outstanding balance must be received by the stated balance due date.

PCUK will normally contact the customer if a balance becomes overdue. If payment is not received, PCUK may treat the booking as cancelled by the customer and apply the cancellation provisions below.

The deposit contributes towards costs, commitments and administration incurred by PCUK in arranging and reserving the customer's event place.

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### 7. CUSTOMER CANCELLATIONS AND REFUNDS

If you wish to cancel your booking, you must notify PCUK as soon as reasonably possible.

#### Before the balance due date

Where a customer cancels before the balance due date, PCUK may retain the deposit or such part of the payments received as reasonably reflects costs, commitments, administration and other losses already incurred as a result of the booking and cancellation.

Where PCUK is able to avoid or recover relevant costs, or successfully resell the cancelled place, this will be taken into account where required when determining any amount retained.

#### On or after the balance due date

The balance due date is normally set by reference to the point at which PCUK must make substantial or non-refundable payments to hotels and/or other suppliers in order to secure the customer's arrangements.

Consequently, cancellations made on or after the balance due date will normally result in **no refund being available**, because PCUK will usually have committed the customer's payments to non-refundable accommodation and other event costs.

Where PCUK is able to recover material sums from suppliers or otherwise substantially reduce the loss resulting from the cancellation, PCUK will take those recoveries into account where required by applicable consumer law.

Customers are strongly recommended to obtain suitable travel insurance providing cancellation cover appropriate to their circumstances.

Nothing within this section limits any refund or cancellation rights which cannot lawfully be excluded.

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### 8. PASSENGERS AND BOOKING AMENDMENTS

All passengers must be declared by the balance due date.

Requests to add or change a passenger after the balance due date are subject to accommodation availability and the agreement of the relevant hotel or supplier.

Where PCUK has already paid for accommodation based upon the occupancy originally booked, the customer will be responsible for any additional accommodation, supplier or reasonable administration costs resulting from a requested amendment.

Any additional amount must be paid before the amendment is confirmed.

PCUK cannot guarantee that passenger additions or other amendments requested after the balance due date can be accommodated.

If a previously booked passenger subsequently cannot attend, the lead customer should notify PCUK.

Any refund or reduction resulting from a passenger amendment will depend upon whether PCUK is able to recover the relevant costs from the accommodation provider or other supplier.

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### 9. ACCOMMODATION AND SUPPLIERS

PCUK selects accommodation appropriate to each event and will provide customers with relevant hotel information.

Hotels and other third-party suppliers remain responsible for providing the services they operate.

Occasionally it may become necessary to substitute accommodation because of circumstances outside PCUK's reasonable control.

Where this happens, PCUK will make reasonable efforts to provide suitable alternative accommodation of a reasonably comparable standard where available.

PCUK will notify affected customers of material changes as soon as reasonably practicable.

Customers must comply with the reasonable rules and policies of accommodation providers and other third-party venues used during an event.

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### 10. EVENT CHANGES

Road conditions, weather, closures, local restrictions, hotel availability and other circumstances can change.

PCUK may therefore make reasonable changes to event information, suggested routes, suggested timings, meeting locations or other administrative arrangements where necessary.

Changes to complimentary suggested self-drive information do not prevent customers from making their own route choices.

If a material change affects a service the customer has paid PCUK to provide, PCUK will deal with the situation reasonably and in accordance with applicable consumer law.

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### 11. CANCELLATION BY PCUK

PCUK may occasionally need to cancel an event.

Where PCUK chooses to cancel an event for reasons within its reasonable control, customers will receive a refund of payments made to PCUK for services which will no longer be provided, subject to any different remedy required or permitted by applicable law.

Where an event cannot proceed because of circumstances outside PCUK's reasonable control, including but not limited to severe weather, natural disasters, war, terrorism, civil unrest, government restrictions, serious disease outbreaks, widespread transport disruption or the closure of essential accommodation, PCUK will make reasonable efforts to minimise customer losses and recover money from relevant suppliers.

Any amounts recovered which relate to services that will no longer be provided will be dealt with fairly, taking account of PCUK's irrecoverable costs and the customer's rights under applicable law.

Where reasonably practicable, PCUK may offer customers an alternative event, revised arrangements, credit or another appropriate solution.

Nothing in this section removes any statutory rights that cannot legally be excluded.

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### 12. FERRIES, CHANNEL TUNNEL AND OTHER CUSTOMER-ARRANGED TRANSPORT

Unless expressly included within the event description, ferries, Channel Tunnel crossings, flights and other transportation are arranged independently by the customer and do not form part of the customer's booking with PCUK.

PCUK is not responsible for delays, cancellations, timetable changes or other failures relating to transportation independently booked by customers.

Customers should allow appropriate time for delays and should check the terms and conditions of their chosen transport provider.

Where PCUK provides suggested crossing times or other travel information, this is provided for information and planning purposes only unless expressly stated as forming part of the booking.

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### 13. THIRD-PARTY VENUES AND ACTIVITIES

During an event, customers may independently choose to visit attractions, restaurants, venues or other businesses.

Unless expressly stated as included within the PCUK booking, such services are separate arrangements between the customer and the relevant third party.

Any opening times, prices or other third-party information supplied by PCUK is provided for convenience and may change.

Customers should confirm important information directly with the relevant provider.

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### 14. LIABILITY

PCUK will exercise reasonable care and skill in providing the services it has agreed to provide.

Customers remain responsible for their own vehicles, driving, navigation and personal decisions.

PCUK is not responsible for loss or damage caused by a participant's driving, breach of road traffic laws, vehicle failure, inadequate insurance, failure to follow local requirements or decisions made independently by the participant.

PCUK will not be responsible for losses which were not reasonably foreseeable when the booking was made or which arise from circumstances for which PCUK is not legally responsible.

Nothing within these Terms & Conditions excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by PCUK's negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or restricted.

Nothing within these Terms affects the customer's statutory rights.

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### 15. PERSONAL PROPERTY

Customers remain responsible for their own vehicles, luggage, valuables and other personal property.

Customers should take reasonable precautions to secure their belongings and should maintain appropriate insurance where required.

PCUK is not responsible for loss, theft or damage where PCUK has not caused that loss through a breach of its legal obligations.

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### 16. EVENT COMMUNICATIONS

PCUK may use email, messaging services or event group chats to provide information and support before and during an event.

These communications may include hotel information, parking information, suggested routes and timings, road or weather updates, meeting information and general event administration.

Customers remain responsible for checking important communications relating to their booking.

Route, timing and road information supplied through these communications remains subject to Section 3 of these Terms.

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### 17. WEBSITE INFORMATION

PCUK makes reasonable efforts to ensure that information published on its website and in event advertising is accurate.

Occasional errors or omissions may occur.

Where PCUK identifies a material error affecting an existing booking, the affected customer will be informed as soon as reasonably practicable and the matter will be dealt with fairly and in accordance with applicable law.

Historical event information, photographs and previous event descriptions may remain available for reference and should not be assumed to describe a current event.

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### 18. PRIVACY

Personal information supplied to PCUK will be handled in accordance with our Privacy Policy and applicable data protection law.

Customers should refer to the Privacy Policy published on the PCUK website for further information.

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### 19. CHANGES TO THESE TERMS

PCUK may update these Terms & Conditions from time to time.

The Terms applicable to a confirmed booking will normally be those in force when the booking was made unless a subsequent change is required by law or the customer expressly agrees to the change.

Updated Terms will apply to future bookings from the date they are published.

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### 20. SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply so far as legally possible.

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### 21. GOVERNING LAW

These Terms & Conditions and bookings made with PCUK are governed by English law.

Customers living elsewhere in the United Kingdom may also have rights to bring proceedings in the courts applicable to the part of the United Kingdom in which they live where consumer law provides such rights.

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### 22. CONTACT

Questions concerning bookings or these Terms & Conditions should be sent to:

**Performance Cars UK – Trackdays, Meets & Driveouts

Email: info@performancecarsuk.co.uk

**Website:** performancecarsuk.co.uk

**Bespoke Driving Events Since 2017**