Terms & Conditions for Consumers

These Terms and Conditions apply to all Bookings made by Consumer customers with us, CAT Driver Training Ltd, a company registered in England and Wales under number 04974797, whose registered office address is at 50 Lincroft, Cranfield, Bedford, MK43 0HT (“the Company/we/us/our”).

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” means the provisional booking of the Training including, but not limited to, setting the date and agreeing the fees;

“Booking Confirmation” means the confirmation that the Booking has been accepted;

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract formed once the Booking has been accepted, as explained in clause 2;

“Premises” means our premises, track, facilities or any part of them;

“Training” means the training session(s) we are providing, as detailed in the Booking Confirmation;

“You/Your” means the person making the booking. Where the person making the Booking is doing so on behalf of another individual, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that other individual.

1.2 Each reference in these Terms and Conditions to “writing” and “written” includes emails. Each reference to the singular number includes the plural and vice versa.

1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.

2. The Contract and the Booking Process

2.1 These Terms and Conditions govern all training provided by us to Consumers and will form the basis of the Contract between you and us. Before making a Booking, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

2.2 Nothing we provide, including, but not limited to, sales and marketing literature or price lists constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that we may, at our discretion, accept.

2.3 All Bookings will be subject to these Terms and Conditions and dates are subject to availability. A legally binding contract between us and you will be created upon our acceptance of your Booking, indicated by our Booking Confirmation. Booking Confirmations will be provided in writing.

2.4 Where you have made the Booking on behalf of any other person(s), you agree to accept full responsibility for their actions or lack of actions and will ensure each individual complies with these Terms and Conditions.

2.5 For Training courses lasting for more than one day, all session dates will need to be arranged at the time of Booking. If this is not possible, the first session date must be arranged at this time and future dates will need to be used within 12 months from this date. Any sessions booked after this time may be at an additional cost.

3. Price and Payment

3.1 You will be required to pay a minimum deposit of 50% of the total agreed price to secure the Training date(s), once the Booking is confirmed, by bank transfer, debit or credit card.

3.2 Deposits are non-transferable and non-refundable except in accordance with clauses 7 and 8 below.

3.3 Itinerary and joining instructions will be sent to you upon receipt of the deposit payment by post (for gifts) or email to the address you provide.

3.4 The balance is due and payable no later than 30 days prior to the original Training start date, even if the original start date is subsequently postponed. If we do not receive the payment within this timeframe, we reserve the right to cancel the Booking and will retain any deposit paid.

3.5 Our prices may change at any time but these changes will not affect Bookings that we have already accepted.

3.6 If you wish to make any changes to the Booking after receiving the Booking Confirmation, then we will use all reasonable endeavours to accommodate such changes but cannot guarantee that we will be able to do so. If doing so means that the price will increase, we will inform you and ask you how you wish to proceed before taking any action. Payment for any agreed changes is due in accordance with this clause 3.

3.7 All prices include VAT. If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect Bookings where we have already received payment in full from you.

3.8 In addition to clause 3.4, if you do not make payment to us by the due date, we may charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.

4. Vouchers

4.1 Vouchers are payable in full at the time of ordering. Vouchers are valid for 12 months from the date of purchase unless otherwise stated at the date of issue, and cannot be exchanged for cash.

4.2 Voucher-holders can apply to join a course date by phoning or emailing us, stating your voucher details and the date of issue at the time of Booking. You cannot arrive at the training location without pre-arranging the date and obtaining a Booking Confirmation from us.

5. Vehicles

5.1 When making your Booking, you will need to specify whether you wish to use a vehicle provided by us, or whether you will use your own or another vehicle for which you warrant you have permission.

5.2 If we are providing the vehicle, then in the event of mechanical or other problems arising with that vehicle, we will endeavour to ensure that a suitable substitute is made available for your use. Should this not be possible, you will be offered either a partial or full refund (dependent on the amount of Training provided up to that point) or an alternative date.

5.3 Please note height and weight restrictions may apply for driving certain vehicles.

5.4 All participants must be able to operate a manual gearbox if using a vehicle provided by us, unless otherwise specified.

5.5 If you are providing the vehicle, it is your responsibility to ensure the vehicle is roadworthy and that it holds a valid MOT certificate, is fully taxed, and has fully working driver and passenger seat belts, adequate tyre tread depth, oil and fuel and is mechanically sound. You will not be permitted on circuit if the age of your tyres are 10 years and older.  If older than 7 years, we will recommend reducing speed and lateral loads for safety reasons.  In the event of mechanical or other problems arising with that vehicle, we may be able to provide you with a vehicle of ours to continue your Training at extra cost, payable on the day. If this is not possible or if you do not wish to continue with another vehicle, your Training will cease and no partial or full refund will be provided.

5.6 Due to the nature of automotive proving grounds, there is no insurance provided on circuit. You will need to sign a disclaimer acknowledging you are aware your own vehicle is not insured and that you are proceeding on this basis. We will be unable to provide the Training if this disclaimer is not signed.

6. Participant Rules

6.1 All persons admitted to the Training agree to abide by these Terms and Conditions and any specific safety rules we may provide.

6.2 No third parties can accompany you to the Training.

6.3 Whilst at the Premises, you must comply with all reasonable instructions given to you by us or any third party instructed on our behalf.

6.4 We reserve the right to refuse entry, ban, or remove from the Premises, without any right to a refund, any individual or group who, in our sole opinion, is not complying with these Terms and Conditions or is exhibiting offensive, violent or unsafe behaviour.

6.5 Participants must be in good health. It is your responsibility at the time of Booking to disclose anything that may be relevant to your, or any participant’s, ability to take part in the Training. This may include, but is not limited to, pregnancy, medical condition (e.g. bad back or heart condition) disability, dietary or access requirements. We will advise if we can accept the Booking on this basis. In any event, those with a medical condition should consult a medical professional before participating. If you fail to disclose any relevant information in accordance with this clause 6.5 and we are either informed on the day of the Training session or the non-disclosure transpires otherwise, we reserve the right to cancel your Booking and no refund will be given.

6.6 All participants must:

6.6.1 be over 17 years of age and hold a full driving licence. Proof of age may be required. If you are under 18 years of age, the signature of a parent or legal guardian will also be required;

6.6.2 be able to confirm by demonstration that their eyesight is up to the current standard required by the DVSA;

6.6.3 sign a declaration of indemnity and sign to declare fitness to drive upon arrival for the Training;

6.6.4 not consume alcohol for at least 12 hours prior to the Training session. If we consider any participant to be under the influence of alcohol, illegal substances, or medication which may affect their ability to participate, we will not allow them to do so and no refund will be offered. Breathalysers may be used if there is any doubt;

6.6.5 wear any safety equipment provided throughout the Training and arrive wearing suitable clothing; and

6.6.6 attend a safety briefing, regardless of experience.

6.7 Our instructor has the ultimate decision regarding safety. If any participant drives in a manner that the instructor considers to be dangerous and does not respond to instruction or warning, the instructor will terminate the Training session and no refund will be offered. In addition, if any participant becomes unwell during any Training session, due to motion-sickness or otherwise, the instructor may decide to terminate the Training session and no refund will be offered.

6.8 We include refreshments for participants at no additional cost. You will need to bring your own lunch for full day Training activities.

6.9 Should any participant arrive later than the time agreed, delaying the start time, we may shorten the Training accordingly and no refund will be offered.

7. Your Rights to Rearrange and Cancel

7.1 You may rearrange a Training session, provided you give us a minimum of 30 days’ notice prior to the Training date. If we receive the required notice, we will transfer any deposit already received to the rearranged Booking but we reserve the right to charge you a transfer fee. If you give us less than 30 days’ notice, you will lose your deposit and will need to pay another deposit for the rearranged Booking.

7.2 You may cancel a Training session and/or the entire Contract, provided you give us a minimum of 30 days’ notice prior to the first Training date. We will retain the deposit, but any other payments made in advance will be refunded to you within 14 days. Please confirm the cancellation in writing. If you give us less than 30 days’ notice, or if you fail to attend on the agreed date, we will retain any payments made in advance and no refunds will be given (including where paid by gift voucher). Because you will be booking on to a specific date, you will not be entitled to a cooling-off period.

7.3 You may transfer the Training to another participant where you have made payment in full, provided you give us 30 days’ notice of this and provided the participant is made aware of any agrees to comply with these Terms and Conditions.

7.4 You may also cancel the Booking and the Contract by giving us written notice in any of the following circumstances:

7.4.1 If we have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking us to do so in writing; or

7.4.2 If we enter into liquidation or have an administrator or receiver appointed over our assets; or

7.4.3 If we change these Terms and Conditions to your material disadvantage.

7.5 If you cancel in accordance with any of the circumstances listed in clause 7.4, we will refund any payments made to us in advance, within 14 days of our acceptance of your cancellation, provided the Training has not yet taken place.

7.6 No cancellation can be made after the Training has taken place.

8. Our Rights to Rearrange and Cancel

8.1 We may need to cancel at short notice or abandon the Training due to adverse weather conditions or other reasons beyond our control (e.g. closure of UTAC at which our Premises is situated). In this event, we will offer to reschedule the Training session at no cost. If the Training session is partially complete and has to be abandoned, then only the remaining time will be rescheduled. We will not reimburse any travel, hotel or other expenses incurred by the participants in attending Training that is cancelled in these circumstances.

8.2 We may cancel your Booking at any time before the Training in the following circumstances:

8.2.1 Due to the unavailability of required personnel;

8.2.2 Due to the occurrence of an event outside of our reasonable control;

8.2.3 If you fail to make any payment to us on time (this does not affect our right to charge interest on overdue sums under clause 3.8); or

8.2.4 If you have breached the Contract in any material way and have failed to remedy that breach within 14 days of us asking you to do so in writing.

8.3 If we cancel your Booking, we will contact you in writing as soon as is reasonably possible. If you have made any payments to us in advance (including, but not limited to the deposit), these will be refunded as soon as is reasonably possible. If we cancel due to either of the circumstances detailed in clauses 8.2.3 or 8.2.4, you will lose any payments made to us.

9. Problems with the Training and Your Legal Rights

9.1 We always use reasonable efforts to ensure that the Training is enjoyable and trouble-free. If, however, there is a problem with the Training, we request that you inform us as soon as is reasonably possible so that we can investigate.

9.2 As a Consumer, you have certain legal rights with respect to the purchase of services. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Our Liability

10.1 We provide third party Public Liability insurance in respect of each Training day.

10.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

10.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

10.4 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

10.5 We are not liable for any loss and/or damage suffered by you as a result of any event outside our control (including any distress, inconvenience, anxiety or loss of enjoyment arising from evacuation of the Premises). This does not affect your statutory rights.

10.6 We will take all reasonable precautions to avoid accidents, however, all driving events can be dangerous. Participants take part at their own risk. All participants are required to sign an indemnity form or will be unable to take part and no refund will be offered.

10.7 Any personal items and vehicles are left at the owners’ risk. We take no responsibility for loss or damage while at our Premises. No vehicles are permitted to remain at our Premises outside our normal operating hours.

11. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism or war, pandemic, epidemic, natural disaster, or any other event that is beyond our reasonable control.

12. How We Use Your Personal Information (Data Protection)

12.1 All personal data that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the General Data Protection Regulation 2016 and any amendments to them.

12.2 We may take and use photographs and videos from the Training in marketing literature, on social media and on our website. We will obtain your consent to use any other photographs or videos in this way. Any photographs and videos we take will belong to us.

12.3 For full information on our approach to data, please refer to our Privacy Policy, available on our website.

13. Other Important Terms

13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms & Conditions.

13.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.

13.5 If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.

14. Governing Law and Jurisdiction: These Terms and Conditions and any contract between us will be in accordance with the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.