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ABOUT US The Race Shift team are highly passionate and committed to providing total customer satisfaction. If you have any suggestions or comments please do email us at events@raceshift.co.uk These are the Terms & Conditions by and subject to which Race Shift, its official partners and / or agents or other authorised representatives hereinafter and collectively referred to as “RS” or the “Seller” agrees to provide and allow a motorcycle rider ”Rider” to participate in a motorcycle Track Event “TE” and by and subject to which RS agrees to obtain other TE related services at the request of the Rider or customer. Prior to participating in the TE and/or making use of any other requested service, you are required to enter into legally binding agreement confirming that you agree to do so subject to the Terms & Conditions set out here. In this Agreement, for the purposes of convenience the masculine gender is used to refer also to the feminine, all Terms & Conditions are severable, the validity of a condition does not affect the validity of any other condition, and where a part of one condition is invalid then that part is severable from the rest of that condition.
ACCEPTANCE OF TERMS Your access to and use of Race Shift (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website, you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
DEFINITIONS
CONDITIONS Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Payment of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
CHANGES TO WEBSITE Race Shift reserves the right to:
MAKING A PURCHASE Making your Race Shift European track day event purchase using the latest Race Shift website technology could not be easier. Simply navigate to the track day event you wish to purchase and select the required event by clicking on the event of your choice. Once your non-refundable deposit payment (also including the indicated deposit amount attributed with New Bookings where Full Payment has been made) has been received by Race Shift, your place on your selected event will be secured with all your individual rider details including for example, which rider group you would initially like to be placed in based on your experience and ability. We accept credit card and debit card payment using World Pay. If you are shopping from Europe or anywhere else, place your order and your credit card company will convert the transaction to Euros or your own currency. When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you the final order confirmation after full and final payment has been received. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable. All credit card payments are subject to an additional and non-refundable & non-transferable extra charge of 1.5% (there is no extra charge for debit card payments).
ORDERING All orders for Goods shall be deemed to be an offer by the Rider to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by RS. RS may choose not to accept an order for any reason. When making an order through the Website, the technical steps the Rider needs to take to complete the order process are as follows. During the payment process the Rider will be prompted for two addresses. The Rider must enter the full address of the cardholder (this address is the one that appears on your credit card statements), and then optionally the delivery address if different. The cardholders address must match with the card issuers records or we regret that we cannot accept payment. This ensures that the credit card details may only be used by the Buyer. Our standard terms and conditions must be read and agreed to before your booking(s) / order will be accepted. Customers that make bookings / orders with Race Shift outside of the Official Race Shift website and online booking and payment system may not receive the benefits detailed within our cancellation policy, should an event be cancelled, postponed or rescheduled. (Refer to Payments, Cancellations, Credits & Rescheduled Events) conditions below.
PAYMENTS, CANCELLATIONS, CREDITS & RESCHEDULED EVENTS For European track day bookings (Events held outside of the UK): Should the Seller need to cancel and / or postpone an event in its entirety due to external factors beyond its control, Buyers will be contacted individually detailing the situation and to organise for an e-voucher code to the full face value of the booking amount which can be used for the re-booking of any alternative event within a 12 month calendar period of the cancelled / postponed event. It is important that adequate travel insurance be purchased to cover all additional travel, flights, accommodation, hire car, parking and all other associated additional costs born by attending one of our events as the seller shall not be liable for reimbursement of said costs in the situation of event cancellation / postponement as a result of circumstances beyond our control, rider safety and force majeure. PLEASE REFER TO OUR FULL CANCELLATION POLICY HERE
i) We must be notified of the transfer(s) not less than three weeks before departure.
LIMITATION OF LIABILITY Except as may be implied by law where the Rider is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Rider shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental, or consequential loss or damage whatever. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
WAIVER No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
FORCE MAJEURE The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, pandemics, accidents, war, fire, shortage or unavailability of Goods, Circuit or Rider Safety and the Seller shall be entitled to a reasonable extension of its obligations.
SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Driving / ACU Licences If you do not have a valid licence or valid ACU or equivalent valid racing licence you will be unable to participate in our event.
Credit Card Security When the order is placed at our website, credit card numbers are encrypted using 128-bit SSL encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.
Attending the Event The Rider accepts that riding a motorcycle and participating in the TE, on whatever racing circuit, track, road, or other surface or terrain and whether on public or private highways and regardless of the circumstances or conditions, is inherently dangerous and that it is consequently very difficult for RS to insure against risk of injury or other damage.
The Rider therefore and hereby variously agrees, warrants, undertakes and accepts that in participating in the TE, whether on a public or private highway or at or on such route or course as may be taken for the purposes of the TE, he is(a) voluntarily exposing himself to and will assume all and any risk of damage or loss or personal injury whether to his person, property or otherwise howsoever (b) solely responsible for the manner in which he rides (c) under a legal obligation at all material times to ride with reasonable care and skill in relation to himself and others (d) responsible for ensuring that he wears appropriate protective clothing that is reasonably fit for its intended purpose (e) under a legal obligation to and will take all steps reasonably required to ensure that nothing he does, or fails to do, will adversely affect the health and safety of RS or other participants in the TE or any third party and (f) solely responsible for injury, damage or loss that he causes to others.
The Rider accepts that in requesting which rider group he would like to be in, he makes representation as to his ability to ride in that group and accepts responsibility for any loss or damage arising from him being in the wrong rider group.
Should circumstances outside the control of RS require RS to do so, RS reserves the right to, without prior notice, make any changes deemed necessary to facilitate the TE and / or any other service obtained by RS or its Partners at the request of the Rider By way of further assurance to RS, the Rider hereby and variously warrants and declares that (a) he is fit & healthy, and that he knows of no reason, medical or otherwise, why he may not or which might otherwise influence the decision of RS to allow him to participate in the TE (b) his eyesight (with spectacles or lenses which he will wear as necessary) is adequate for the purposes of the TE (c) he holds a current full road driving licence or a current competition licence appropriate for the size & type of vehicle he will use and for the circumstances and venue appointed for the TE and that (d) he will not participate in the TE whilst using, under the influence of or suffering withdrawal from the consequences of alcohol, drugs or medication.
The Rider understands accepts and agrees that (a) RS is not a training organisation and does not represent itself as such and that (b) whilst RS may, it is not obliged to, give guidance on the standards of riding required and (c) it is not in a position to and will not otherwise enforce or be responsible for and hereby disclaims all and any liability for rider discipline or rider safety.
Both RS and the Rider agree that nothing in this Agreement shall exclude or in any way limit RS’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law but further agree that RS may and hereby (a) excludes its liability to the Rider for any loss of opportunity, employment contracts, business, salary or other remuneration and profits and for any special indirect or consequential loss or damage whether in contract, warranty, civil wrong (including negligence and breach of statutory duty), or howsoever otherwise, arising out of the performance or breach of this Agreement and (b) limits its liability to the Rider, in respect of all and any other claims to (i) a sum equal to the loss directly and naturally arising from RS breach of the express terms of this Agreement and (ii) not exceeding the amount of the sums paid and received by RS from the Rider under the terms of this Agreement; and in any event strictly provided that and in respect of (iii) such claims as are notified to RS, in writing, within 28 days of the Rider first becoming, or when he ought reasonably to have become, aware of them.
The Rider further agrees to defend, indemnify, and hold RS harmless against any claims, damages costs, expenses & losses arising out of any claim made against them by any persons where such costs & losses are attributable directly or indirectly to the Rider’s negligence or participation or other involvement in the TE or his breach of any of the terms of this Agreement.
RS reserve the right to withdraw its services, without refund or any other right to claim for compensation, loss or damage or otherwise whatsoever, and will be under no further obligation to provide the TE or other any service or facility if the rider is judged by RS as acting irresponsibly, unreasonably by or in a manner likely to endanger or cause loss or damage to the Rider, RS or others.
FLIGHTS, HOTEL ACCOMMODATION & CAR RENTAL RS do not directly provide these services and consequently do not accept any responsibility for all provisions of the same.
TRACKDAY & TRAVEL INSURANCE: If you are taking part in a track day event abroad, suitable medical insurance is compulsory. Note that a European Heath Insurance Card (which has now replaced the old E111) and most standard travel insurance policies do not cover dangerous pastimes such as track days. However, specialist medical insurance can be arranged for a relatively low outlay, details of insurance products that are suitable for our European track events can be found by visiting our insurance page.
Travel We accept no liability if a participant is unable to attend an event due to adverse weather conditions or any travel disruption.
Filming & Sound Recording We reserve the right to film, record or photograph any of the participants at an event for post event purposes. Participants are advised that this may result in incidental inclusion of delegates within any recording or photographs.
Data protection We will treat your personal information in accordance with data protection legislation. Please read our privacy policy to learn more on how we protect and manage your submitted data.
Further Information If you have any questions, please contact the events booking team at events@raceshift.co.uk
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