TERMS AND CONDITIONS
The Terms and Conditions detailed below apply to all bookings. When you make a booking, your contract is with Brandscape Ltd, trading as Off Road Driver, Holly Grange, Holly Lane, Balsall Common, CV7 7EB. Throughout the rest of this document Brandscape Ltd, trading as Off Road Driver, will be referred to as Off Road Driver.
Please read these terms and conditions carefully before making a booking from our site. You should understand that by making a booking, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to make a booking.
SPECIAL OFFERS - All special offers, unless otherwise stated, cannot be used in conjunction with another offer. More than one discount cannot be applied to one transaction. 6 for 5s constitute a discounted price, so cannot be discounted any further.
All gift vouchers, unless otherwise specified on the voucher itself, are only valid for 9 months from date of purchase.
1. INFORMATION ABOUT US
1.1 OffRoadDriver.co.uk is a site operated by Brandscape Ltd, trading as Off Road Driver (we). We are registered in England and Wales under company number 3413518 and with our registered office at Holly Grange, Holly Lane, Balsall Common, CV7 7EB. Our VAT number is GB 806653231
1.2 Off Road Driver is an operator of 4x4 driving experiences for 10 to 17 year olds, adults, families, corporate groups and specific training requirements.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK.
3. YOUR STATUS
By making a booking through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old; and
(c) You are resident in the UK; and
(d) You are accessing our site from the UK
(e) You agree the participant meets all terms and conditions of the qualifying questions in section 21 below.
If we discover that you are not legally entitled to order certain goods, we will not be obliged to accept your order.
4. HOW THE CONTRACT IS FORMED BETWEEN US
4.1 After making a booking, you will receive an e-mail from us acknowledging that we have received your booking. Please note that this does not mean that your order has been accepted. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the booking has been accepted (the Confirmation). The Contract between us will only be formed when we send you the Confirmation. It is normal for us to send the acknowledgement and the confirmation in the same email.
5.1 The price of an experience or bundle of experiences will be the price set out on the relevant page of this website. We reserve the right to change the pricing at any time; however, if we accept a booking from you, the price will be set out at the point of order in the Confirmation. Prices on the website are shown in pounds sterling (GBP) and are inclusive of UK VAT.
5.2 Payment must be made in full at the time of booking by credit or debit card.
6.1 You may cancel the contract at any time within 7 working days of receiving the Confirmation (see below for refund options)
6.2 You may at any time up to 28 days before the experience date, cancel the booking (see below for refund options)
6.3 This does not affect your statutory rights.
7. LOCATION, VENUES AND VEHICLES
7.1 We reserve the right to change the location of the venue in exceptional circumstances. We will notify you as soon as possible of any necessary changes.
7.2 We reserve the right to change the vehicles available on the programme.
8. OUR REFUNDS POLICY
8.1 When you cancel an experience:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the experience in full, unless the appointment time is within 14 days of the cancellation, in which case an alternative appointment will be offered and no refund given.
(b) because you have cancelled a booking no less than 28 days before the date of the experience, we shall issue you with a credit note to be used for another booking (subject to availability).
(c) any cancellation made less than 28 days before the date of the experience you shall not be entitled to a credit note but we shall endeavor to rearrange an alternative date where possible and subject to availability.
(d) any cancellation made with less than 7 days notice prior to the experience date shall not be entitled to any refund, unless you are in your seven-day cooling-off period.
(e) we will reschedule your experience at no extra cost up until 7 days prior to the event seven-day cooling-off period.
8.2 we will usually refund any money received from you using the same payment method originally used by you to pay for your booking.
9. OUR LIABILITY
9.1 You acknowledge that by participating in the experience, the participant does so at their own risk. Neither Brandscape Ltd, trading as Off Road Driver, nor any of its employees or agents shall be liable in respect of any action, costs, claims, damages, expenses, or losses (whether direct or, indirect or consequential) whatsoever, which arise out of or in connection with participation in the experience save that Brandscape Ltd, trading as Off Road Driver, does not exclude its liability (if any) for death or personal injury caused by its negligence (or that of its employees or agents) or for any matter which it would be unlawful to exclude or attempt to exclude.
9.2 Where a participant is between 10 – 17 years old, a parent or guardian must sign a risk acknowledgement form and confirm the eligibility for the participant to participate in an experience as set out on the website.
9.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price paid for the booking and we shall not be liable for any consequential costs you may incur such as travel or hotel expenses.
9.4 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given in writing to Off Road Driver, Holly Grange, Holly Lane, Balsall Common, CV7 7EB or by email at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action.
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) impossibility of the use of public or private telecommunications networks.
(f) the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
19. INTELLECTUAL PROPERTY
Material found within the pages of offroaddriver.co.uk may not be copied, reproduced, downloaded, posted, broadcast or transmitted in any way without the prior written permission of Brandscape Ltd.
20. DATA PROTECTION
Our full data protection statement is available on request.
21. QUALIFYING QUESTIONS
You acknowledge that in participating in the driving experience that the participant does so at their own risk. Neither Off Road Driver nor any of its employees or agents shall be liable in respect of any action, costs, claims, damages, expenses or losses (whether direct, indirect or consequential) whatsoever, which arise out of or in connection with participation in the driving experience save that Off Road Driver does not exclude its liability (if any) for death or personal injury caused by its negligence (or that of its employees or agents) or for any matter which it would be unlawful to exclude or attempt to exclude.
By booking this experience you agree the following:
- The participant is over the age of 10 years old with a minimum height of 1.42 metres and that they shall be accompanied throughout their attendance at the venue by an adult or guardian over the age of 18 years.
- The participant is in good health and has eyesight at least to the standard required by law for driving
- You agree that the participant will not take part in the driving experience if you are aware that he/she suffers from any medical conditions that could affect their ability to drive, or if he/she is taking any medicines specifically stating that he/she should not drive. If you are in any doubt as to the effect of any condition or medication on the eligibility to participate then this should be raised prior to attendance. Nor should a participant take part in any driving activity if you are aware that h/she is under the influence of alcohol or non-prescription drugs
- Hand held mobile phones (or other communication devices) must not be used at any time whilst driving and the participant must wear a properly fastened seat belt at all times whilst driving (or being driven in) an event vehicle.
- The participant must comply with all reasonable requests of Off Road Driver and its authorised representatives during your attendance at the venue
- The decision of Off Road Driver and/or their authorised representatives are final in every respect
Customers and participants consent to the filming and recording as part of their involvement in the driving experience. As part of this the resulting footage may be used for the purposes of promoting us and that the intellectual property rights of the footage are property of Off Road Driver. Use of customers own video or photography equipment is subject to agreement by Off Road Driver.
For customers paying for camera footage as part of their experience, in the event that the driving experience fails to record, we will only refund the cost of the video recording that the customer has paid for in advance of the driving experience. We make no guarantees as to the audio quality of the recording as this can be subject to interference beyond our control.
23. TERMS AND CONDITIONS FOR GIFT VOUCHERS
Off Road Driver has received payment of your driving experience, the contract for the driving experience is between you and Off Road Driver.
Off Road Driver e-vouchers or printed vouchers are evidence of payment for, and entitlement to, a given driving experience or gift. Each voucher carries a unique serial number, which must be quoted when dealing with Off Road Driver. Vouchers and the associated references must be kept safely and securely. Off Road Driver cannot accept responsibility for any loss you may incur as a result of voucher theft, impersonation or identity fraud. The unique serial number on the voucher should be used at the point of booking on the internet or alternatively sent to the operator if requested to secure the booking (we would recommend sending vouchers by secure mail as they are not replaceable if lost).
Off Road Driver is a trading name of Brandscape Ltd. By purchasing a gift voucher from Off Road Driver, you comply with the fact that the recipient of the voucher adheres to the following regulations:
- is between 10 - 17 years old (for Under 17s experience)
- is over 1.42 metres tall
- will be accompanied throughout their attendance by an adult over the age of 18 years (for Under 17s experience)
- is in good health
- has eyesight at least to the standard required by law for driving (i.e. can read a number plate from a distance of 20 metres)
- does not suffer from any medical conditions that could affect their ability to drive If the voucher is purchased and the recipient of the voucher does not comply with these regulations, Off Road Driver cannot be expected to refund the cost of the voucher.
Driving Experience Descriptions, Formats and Durations
Details of driving experience description, format and timings given on the Off Road Driver website and in any other literature are intended only to present a general idea of the experience, and shall not be considered binding. In particular, photographs are for illustrative purposes only and do not form part of any contract between you and Off Road Driver. Delays, curtailments and breakdowns are not within Off Road Driver’s control and therefore we cannot be held liable if these should occur. Please note that we reserve the right to alter any part of the driving experience where such an alteration is for safety reasons or has been imposed by the venue. We cannot be held responsible for descriptions on any third party or agent sites.
Off Road Driver vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and are invalid if altered or tampered with. Off Road Driver accept no liability in these circumstances. Vouchers can only be redeemed once and therefore should be kept safe and not photocopied or distributed to others as Off Road Driver accept no liability for identity fraud. All vouchers are non-refundable.
Each voucher is valid for a period of nine months from date of purchase unless otherwise stated. Driving experiences must be booked and undertaken prior to the nine months expiry date, otherwise the voucher will be deemed invalid and no liability will be accepted by Off Road Driver. By way of example, if a voucher is purchased on 25th February, it will be valid until 24th November, by which time the driving experience must have taken place.
Cancellation by driving experience operators
If a lesson is cancelled by Off Road Driver either before or on the day of the event due to circumstances beyond their control, the operator will arrange to re-book the participant at a mutually agreed time. Off Road Driver cannot be held liable for any costs including (but not limited to) travel expenses or pre-booked accommodation costs incurred by the participant in the event of a cancellation by the operator, and Off Road Driver’s total liability for any claim in connection with an Off Road Driver voucher shall be limited to the price paid for the voucher.
Cancellation by participants
Once you make a booking with Off Road Driver you are bound by their terms and conditions. Please make sure you understand the rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered in the case of infringement of these terms and conditions. Off Road Driver’s Cancellation Indemnity policy may provide a replacement voucher in the event of cancellation by the participant owing to circumstances beyond their control.
Problems on the day
We welcome your feedback on all of our driving experiences. If you encounter a problem on the day, please immediately bring it to the attention of the host or driving instructor at the venue so that they have a chance to put matters right. If you have attempted resolution but the problem was not resolved on the day, please write to us within one week of your experience (providing your voucher reference, participant name and venue details, including who you spoke to on the day) and we will review the matter. The address to write to is: Customer Services, Off Road Driver, Holly Grange, Holly Lane, Balsall Common, CV7 7EB
Discount Codes and Entitlements
From time to time, Off Road Driver may make offers and discounts at various locations or times of year. Off Road Driver reserves the right to exclude any product from discount schemes. Only one discount code may be used per order. Discounts apply to new orders only and cannot be used against exchanges, money on account, delivery and fulfilment charges or any other facility provided by Off Road Driver. You may be required to provide evidence of your entitlement to any discount.
Third Parties and Re-sale
A person who is not named on the face of the driving experience voucher or recorded as the purchaser with Off Road Driver has no right under the Contracts (Right of Third Parties) Act 1999 to enforce any terms and conditions of booking. A voucher which has been re-sold (for example, through Internet auction sites or by any other means) without our prior consent will be considered invalid and neither Off Road Driver, nor any of its driving experience operators, will be under any obligation to provide any service.
These terms and conditions do not affect your statutory rights as a consumer, and are governed by and in accordance with English law. The purchaser and voucher recipient agree that any problems fall under the jurisdiction of the English courts. All other clauses and sub-clauses in our terms and conditions are independent of each other. If one clause or sub-clause is invalid or unenforceable, this will not affect any other clause or sub-clause. These terms and conditions are subject to change.
The details listed above are the terms and conditions applied to Off Road Driver vouchers and save for any other documents or terms expressly referred to within these terms, constitute the entire agreement between us. Your statutory rights are not affected.