TRACKDAY TERMS & CONDITIONS
IMPORTANT NOTE: Please read carefully.
IMPORTANT NOTE: Please read carefully. These are the Terms & Conditions by and subject to which Track Sense (Track Sense its servants or agents or other representatives hereinafter and collectively referred to as “TS”) agrees to provide and allow a motorcycle rider (”Rider”) to participate in a motorcycle Track Day or Track Days (“Ride”) and by and subject to which TS agrees to obtain other Ride related services at the request of the Rider or customer. Prior to participating in the Ride 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.
1. The Rider accepts that riding a motorcycle and participating in the Ride, 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 TS 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 Ride, whether on a public or private highway or at or on such route or course as may be taken for the purposes of the Ride, 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 TS or other participants in the Ride or any third party and (f) solely responsible for injury, damage or loss that he causes to others.
2. 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.
3. By way of further assurance to TS, 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 TS to allow him to participate in the Ride (b) his eyesight (with spectacles or lenses which he will wear as necessary) is adequate for the purposes of the Ride (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 Ride and that (d) he will not participate in the Ride whilst using, under the influence of or suffering withdrawal from the consequences of alcohol, drugs or medication.
4. The Rider understands accepts and agrees that (a) TS is not a training organisation and does not represent itself as such and that (b) whilst TS 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.
5. Both TS and the Rider agree that nothing in this Agreement shall exclude or in any way limit TS’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 TS 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 TS breach of the express terms of this Agreement and (ii) not exceeding the amount of the sums paid and received by TS 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 TS, in writing, within 28 days of the Rider first becoming, or when he ought reasonably to have become, aware of them.
6. The Rider further agrees to defend, indemnify, and hold TS 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 Ride or his breach of any of the terms of this Agreement.
7. TS 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 Ride or other any service or facility if the rider is judged by TS as acting irresponsibly, unreasonably by or in a manner likely to endanger or cause loss or damage to the Rider, TS or others.
MOTORCYCLE (BIKE) TRANSPORT:
Without prejudice to the exclusions and limitations of liability set out within the Motorcycle Shipping Manifest (“MSM”), TS have liability insurance for goods in transit under CMR Conditions (Carriage of Goods by Road Act 1965) extended, where requested in writing and recorded on the MSM, to the full market value of the bike detailed on the MSM, and that of any additional items if transported in a pallet hired from TS. This liability insurance covers negligence, Acts of God and circumstances which TS could not avoid and the consequences of which they were unable to prevent. The amount of any claim is limited to the actual market value of the bike and any additional items that are transported in pallets hired from TS. This means that the estimated value will not apply unless it also represents the actual market value. TS will store bikes in secure premises prior to transportation, and whilst awaiting collection in the UK, but TS do not accept liability for: additional items transported in the cradle with the bike; bikes transported with ignition keys; items not properly listed & described on the relevant MSM; items not properly & clearly labelled with the owner's name; items not properly & securely packed; bikes and/or items delivered prior to the official/agreed drop off date, and/or bikes/items collected after the official/agreed collection date.
MOTORCYCLE (BIKE) HIRE:
1. The Rider agrees and accepts that: the motorcycle provided is provided to him for the sole purpose of the Ride as described above; that if the motorcycle is rendered or appears to TS to be unusable or unsafe due to damage whilst in his custody or possession or otherwise as a consequence of his negligence, misuse or neglect the Rider will (a) forfeit all and any entitlement to participation in any remaining period of Ride and any right to a refund, (b) that a replacement motorcycle will not be provided, and that (c) accident repairs cannot be undertaken on location.
2. The Rider agrees and accepts that: in the event of a motorcycle breakdown caused through no fault of his own, his sole and exclusive remedy against TS shall be limited to (and at the sole option or discretion of TS) either a refund, determined by reference to the period remaining at the time of the breakdown calculated on a pro-rata basis, or repair or the use of a replacement motorcycle, but that any costs for travel, accommodation and subsistence etc. will not be refunded or otherwise payable to him under any circumstances.
3. The rider understands & agrees that his debit/credit card or cash damage deposit will be charged for the agreed damage deposit amount (as advertised/stated on the “Track Bike Hire” page on the TS website) for any damage, however caused, to any motorcycle provided by TS whilst it is in his custody, possession or power.
HOTEL ACCOMMODATION & CAR RENTAL:
TS are happy to obtain these services at our customers’ request. However, TS do not directly provide these services, and consequently TS is unable to accept and hereby disclaims all and any responsibility for the provision of the same.
DETAILS SUBJECT TO CHANGE:
If circumstances beyond the control of TS force TS to do so, TS reserves the right to, without prior notice, make any changes deemed necessary to facilitate the Ride and/or any other service obtained by TS at the request of the Rider or customer.
A non-refundable & non-transferable deposit of £199 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. 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).
TRACKDAY & TRAVEL INSURANCE:
If you are taking part in a trackday 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 trackdays. However, specialist medical insurance is available cheaply – please see the info page on our website for details.
Track Sense, Staplehurst, Kent, TN12 0JS Tel: 01580 890346
© Copyright Track Sense 2013