Race Shift (“RS”, “us”, “we”, or “our”) operates raceshift.co.uk (the “Service”)
Important – Please read these terms carefully
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 email@example.com
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.
- “Rider” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
- “Consumer” shall have the meaning as described in section 12 of the Unfair Contract Terms.
- “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- “Goods” means the articles that the Buyer agrees to buy from the Seller;
- “Seller” means Race Shift “RS”, Unit 72, Basepoint Business Centre, Aviation Park West, Christchurch, Dorset BH23 6NX
- “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
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:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Race Shift shall not be liable to you for any such change or removal; and
- change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
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 deposit payment has been received by Race Shift, a booking form will be supplied by email for you to complete with your specific details 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).
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.
CANCELLATIONS, CREDITS & RESCHEDULED EVENTS
For European track day bookings (Events held outside of the UK):
Should the Seller need to cancel an event in its entirety due to external factors beyond its control, Buyers will be contacted individually detailing the situation and to organise a full credit or the re-booking of an alternative event within a 12 month calendar period.
It is important that adequate travel insurance be purchased to cover all additional travel, accommodation, hire car, parking and all other associated costs born by attending one of our events as the seller shall not be liable for reimbursement of said costs in the unfortunate situation of event cancellation as a result of force majeure.
Under No Circumstances can the Rider sell or change the riders Name, without the written permission from Race Shift.
A non-refundable & non-transferable deposit of £200 per rider is payable at the time of booking, followed by the full & final payment one calendar month before the event. If a credit/debit card is used for the deposit payment, unless you tell us and we specifically agree otherwise in advance, we will automatically charge the final payment to the same debit/credit card one calendar month before the event. Cancellations notified to us more than one calendar month before the event will forfeit the deposit payment (deposit payments are non-transferable, so they cannot be transferred to another event). Cancellations notified to us less than one calendar month before the event will forfeit all monies paid.
RIGHTS OF SELLER
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
The Seller reserves the right to withdraw any goods or services from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
The Seller shall not be liable for the repayment of any additional costs born by the Buyer except that of any event deposit or full payment made to the seller in the event of an event cancellation
The Seller shall not be liable for liquidated damaged or consequential loss of any kind should an event be cancelled as a result of circumstances outside of its control
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.
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.
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, and the Seller shall be entitled to a reasonable extension of its obligations.
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.
Proof of Purchase
Please print out your final order confirmation and bring it with you to your track day, this is proof of purchase. Also print out the registration waiver forms for your track day, these can be found on each event on the Race Shift website. You will need to complete a Race Shift registration form for each person for every track day attended
The Groups will be named, and bookings taken for each of them. These are indicated by your riding ability only. To ensure your maximum ongoing safety throughout the duration of our events, riders may be moved to another group depending on maximum numbers on the day and your ability levels which are determined twice daily using our innovative QR code based, rider transponder system. Race Shift reserve the right to move riders in other groups based on safety and operational circumstances.
Driving / ACU Licences
Any customer arriving at the event without a valid Driving License will be unable to sign on until 9am Mon – Sat.
We will then ring either DVLA OR ACU to validate your License, this will be subject to a charge off £5.00
We are unable to check licenses with the authorities on Sundays or Bank Holidays. If you do not have a valid 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.
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.
After the Event
Following the event, participants should expect to receive an email asking them to complete a feedback form online. We would ask this is completed and returned to us within seven days to allow us to continue to improve and tailor future events more closely to your requirements.
If you have any questions, please contact the events booking team at firstname.lastname@example.org