Red One Limited Road Circuit Terms and Contract Conditions
Updated: 7th October 2021
1.1 The following definitions apply in these terms and contract conditions:
Means Red One Limited, company number 07379630, whose registered address is: Westpoint, Clyst St Mary, Exeter, EX5 1DJ.
Means the conditions set out in the Contract.
The agreement between the Company and the Customer for the Use of the Road Circuit.
Means The Conditions (clauses of the Contract)
The person, firm or company who wishes to use the Road Circuit.
2. Interpretation of Contract
2.1. Except as otherwise expressly provided, all elements of the Contract Documentation are to be taken as mutually explanatory of one another
2.3 In the Conditions of Contract:
2.3.1.the masculine includes the feminine and the neuter and vice versa; the singular includes the plural and vice versa;
2.3.2. headings are included for ease of reference only and shall not affect the interpretation or construction of the Contract;
2.3.3. references to Clauses are unless otherwise provided, references to Clauses and Appendices within the Contract Conditions;
2.3.4. “Act of Parliament” or any Order, Regulation, Statute, Statutory Instrument, Code of Practice, Byelaw, Directive or the like, whether detailed expressly or incorporated by general reference, shall be deemed to include a reference to any amendment, re-enactment or replacement of it;
2.3.5. A reference to writing or written includes emails
3. Application of Conditions
3.1. These Conditions shall apply to and be incorporated into the Contract for the provision of use of the Road Circuit entered into by the Company with the By instructing the Company to proceed or accepting the Company’s proposal/quotation/estimate, the Customer agrees to these terms and conditions to the exclusion of all other terms, conditions, warranties or representations. These terms and conditions prevail over any terms and conditions contained or referred to in the Customers purchase order, confirmation of order, acceptance of quotation, acceptance of estimate or specification or other document supplied by the Customer, or implied by law, trade custom, practice or course of dealing
4. Charges and Payment
4.1. The total price for the Road Circuit shall be paid to the Company by the Customer without deduction or set-off, including, for the avoidance of doubt, any state payable sales taxes, with- holding taxes or other charges. The Company shall, unless agreed otherwise, invoice the Customer in advance of the Training for the charges that are payable, together with expenses, the costs of Training Materials and VAT, where appropriate
4.2. The Customer shall pay each invoice submitted to it by the Company immediately upon receipt of the invoice and in advance of any use of the Road Circuit (unless stated otherwise) in full in cleared funds either, to the Company direct, or by BACS to a bank account nominated by the Booking is not secured until payment is received unless a separate agreement has been made.
4.3. If the Customer fails to pay any invoice or payment of any invoice is not received in accordance with these Conditions then the Company may:
- a) Charge interest on such sum from the due date for payment at either the annual rate of 4% above the Bank of England base rate from time to time in force, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement or interest under the Late Payment of Commercial Debts (interest) Act 1998 whichever is the greater; and
- b) Refuse admission and use of the Road Circuit
4.4. All sums payable to the Company under the Contract shall become due immediately on its termination, despite any other provision to the contrary. This Condition is without prejudice to any right to claim interest under the law, or any such other right under the Contract
4.5. All fees quoted are correct at the time of publication but the Company reserves the right to alter fees at any time with reasonable notice
4.6. All amounts stated are exclusive of VAT (unless specifically stated to the contrary) and any other applicable taxes which will be charged in addition at the rate in force at the time the Customer is required to make payment
5.1. The price of use of the Road Circuit shall be paid in pounds sterling.
6. Customer’s Obligations for our General Road Circuit Sessions
6.1. A copy of the Customers driving licence is required
6.2. If a learner driver a copy of the learners provisional driving
licence and a copy of the observing drivers full driving licence (must be at least 21 years old and have held a full licence for at least 3 years).
6.3. A copy of the Customers insurance which must show that all drivers are insured (including a learner).
6.4. You will be given a token that will grant entry to the Road Circuit. Please do not trail gate other vehicles through the barrier
6.5. The maximum speed limit on the circuit is 30 miles per hour
6.6. The Highway Code should be adhered to at all times
6.7. All traffic signals are to be observed (i.e. you stop at a red light).
6.8. Please be mindful drivers of all abilities may be using the circuit so please be courteous and refrain from overtaking manoeuvres unless passing a stationery vehicle
6.9. Sessions will end swiftly at 30am, 2.00pm or 4.30pm, and will be signalled by a member of staff in high vis waving a black and white checked flag
6.10. Vehicles will need to leave the Road Circuit via the exit barrier which will raise automatically on Again, please do not tail gate other vehicles through the barrier
6.11. If in an emergency we have to end the session early, please respond to the checked flag which will be displayed by the
6.12. Emergency service vehicles and motorcyclists may be using the track during your Please do not be alarmed if you see one of these vehicles on the circuit.
6.13. You must stay on the tarmac track and not drive across any grass areas.
6.14. In the event of an accident, if required, contact the emergency services and then advise Red One on 01392 444773
6.15. Entry is strictly at your own risk - no liability will be taken by Red One Ltd for any damage or injury caused whilst using the circuit - for further clarification or availability of insurance cover please contact your current insurance provider
7. Limitation of Liability
7.1. In no event shall the Company be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage This shall apply even where such a loss was reasonably foreseeable or the Company had been made aware of the possibility of the Customer incurring such a loss.
7.2. Nothing in these Conditions limits or excludes the liability of the Company for death or personal injury resulting from negligence
7.3. Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates
8. Force Majeure
8.1. The Company shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying out its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) industrial relations difficulties, strikes, lock-outs (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, strikes, accidents, pandemics, civil commotion, malicious damage, fuel shortage, compliance with any law or government order, rule or regulation or direction, breakdown of equipment, fire, flood, storm or default by suppliers or subcontracts.
9. Data Protection
9.1. We will use the personal information you provide us:
a) to allow you access to the Road Circuit
b) to process your payment for the training, your details may be submitted to a credit reference agency
c) to give you information about any of the services we offer, but you may stop receiving this at any time by contacting us on firstname.lastname@example.org.
“Data protection legislation” means the Data Protection Act 19 and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), and any legislation which amends, extends, consolidates, re-enacts or replace same, including any additional legislation or regulations that may be pursuant thereto from time to time.
9.3. We will only share your personal information with third parties where the law requires us to do so
9.4. The Customer shall ensure staff and agents do not publish, disclose or divulge any Company Personal Data as defined in the legislation to any third parties unless directed in writing to do so by the Company
9.5. The provisions of this clause shall survive the expiry or termination of this Contract howsoever caused and shall continue hereafter in full force and effect
10.1. The Company has the following cancellation and rescheduling policy for general Road Circuit bookings:
10.1.1. Cancellation up to up to 48 hours before the start time of the session you will receive a full refund less £5 plus VAT administration fee (£6 including VAT), cancellation less than 48 hours before than no refund will be given
10.1.2. Rescheduling will be done free of charge up to the start time of session
10.2. The Company has the following cancellation and rescheduling policy for exclusive use bookings of the Road Circuit
10.2.2. Cancellation up to 14 days before day of the booking you will receive a full refund less £25 plus VAT administration fee, cancellation less than 14 days before the day of the booking than no refund will be given
10.2.3 Rescheduling up to 14 days before the day of the booking: we will reschedule once free of charge, subsequent rescheduling will incur an administration fee of £25 plus VAT
10.2.4. Rescheduling less than 14 days but more than 48 hours before the day of the booking then we will reschedule your booking for an administration fee of 25% plus VAT of the full booking fee
10.2.5. Rescheduling less than 48 hours before the day of the booking then no refund will be given
10.3. No refund will be made for non-attendance on the Road Circuit
10.4. None of the above will affect your statutory rights
10.5. Without prejudice to any other rights or remedies which the Parties may have either Party may terminate the Contract on giving notice to the other if:
11. Right to Set Off
- a) The Customer fails to pay any amount due under the Contract on the due date for payment or
- b) The other Party is in breach of any of the terms of the Contract or
- c) The other Party repeatedly breaches any of the conditions of the Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract; or
- d) The Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a Company) becomes subject to an administration order or goes into liquidation or passes a resolution for winding up (other than for purposes of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect; or
- e) The Customer threatens or ceases to carry on the whole or part of its business
- f) The other Party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets
11.1. The Company reserves its right to set-off against its indebtedness to the Customer any debt owed to it by the Customer and any liability, damage, loss, costs, charges and expenses which it has incurred in consequence of any breach by the Customer of this Contract or any other contract with the Company
12. The Contracts (Rights of Third Parties) Act 1999
12.1. No person who is not a Party to the Contract (including without limitations any employee, officer, agent, representative or sub-contractor or either the Company or the contractor) shall have any right to enforce any term of the Contract, which expressly or by implication, confers a benefit on him without the prior agreement in writing of both This Clause does not affect any right or remedy of any person, which exists or is available otherwise than pursuant to that Act.
13. Notice and Timescales
13.1. Any notice to be given by either Party to the other may be served by email, personal service or by post to the address of the other Party or such other address as such Party may from time to time have communicated to the other in writing and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by letter shall be deemed to have been delivered in the ordinary course of the post within two working days or to have been served at the time at which the letter was delivered personally, proof of posting will be required
14. Entire Agreement
14.1. The Contract constitutes the entire agreement between the Parties in respect of the matters dealt with therein. The Contract supersedes all prior negotiations between the Parties and all representations and undertakings made by one Party to the other whether written or oral
15. Governing Law and Jurisdiction
15.1. The Contract and any claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales