1 In these Twynhams Tours Terms and Conditions (The “Terms and Conditions”): “Booked Event” means any promoted motorsport or aviation event; “Customer” means the individual, partnership or company or their servants, agents or employees who have completed the booking form; “Event Organisers” means the owners, operators or organisers of the Booked Event; “Full Payment” means the total cost (deposit and final balance) of the Tour Package(s) including VAT and TT shall only be deemed to have received Full Payment once confirmation has been received by TT’s bank that cleared funds have been received; “TT” means Twynhams Tours; Unit 1 Cronin Courtyard, Weldon South Industrial Estate, Corby, Northants, NN18 8AG. “Tour Package(s)” means the package(s) set out in the invoice and requested by the Customer.
2 These Terms and Conditions constitute the entire agreement between TT and the Customer, and supersede any previous agreement or understanding and may not be varied except as expressly agreed in writing by an authorised officer of TT. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Where any conflict arises between the terms contained in the booking form and these Terms and Conditions the latter shall prevail.
3 TT does not give any warranty, guarantee or other term (whether expressed or implied under statute or otherwise) as to the fitness for purpose, quality, suitability or otherwise of the Booked Event and all conditions are excluded.
4 Once the Customer has completed an order they have seven days in which to cancel their booking, during which time no cost will be incurred by the Customer. The customer agrees to waive its rights to cancel in circumstances where it completes an order less than eight weeks prior to the Booked Event. Thereafter the Customer will incur the cancellation costs (if any) as set out in clause 7 of these Terms and Conditions. Any cancellation must be confirmed in writing to TT at the above address.
5 Full payment is required immediately by credit/debit card when purchasing through our website unless selection of the Instalment Plan option has been chosen. T & C's in point 5a relate to Instlament Plan purchases.
5a. Instalment Plan Purchases
The Instalment Plan allows you to pay for your purchase over 1 deposit payment and then equal consecutive instalments due every 30 days.
Payments will be automatically attempted on the scheduled dates from your card. If a payment is not processed on or before the due date, late fees will apply. An initial £20 late fee will be applied the day after the due date, and a further £20 if the payment remains unpaid 10 days after the due date and every 10 days following (late fees are capped at 25% of the original order value).
The Instalment Plan provides for an initial deposit payment at the time you enter the Instalment Plan and a certain number of additional payments to complete your Instalment plan and receive the VIP Tour Passes. The percentage or amount of the initial and additional payments, and the number and due dates of the additional payments, are disclosed when you select an Instalment Payment Plan on our web site.
YOU UNDERSTAND THAT YOU MUST MAKE EACH PAYMENT BY ITS DUE DATE IN ORDER TO COMPLETE YOUR INSTALMENT PURCHASE AND RECEIVE THE TOUR PASSES. IF YOU FAIL TO MAKE ANY PAYMENT BY ITS DUE DATE, YOU UNDERSTAND AND AGREE THAT YOUR INSTALMENT PLAN WILL AUTOMATICALLY TERMINATED, YOU WILL NOT RECEIVE YOUR ORDER, AND ANY TICKETS MAY BE SOLD TO OTHERS. YOU FURTHER UNDERSTAND THAT YOU WILL RECEIVE A REFUND OF ANY PAYMENTS YOU HAVE MADE PRIOR TO THE TERMINATION DATE (EXCLUDING THE PROCESSING FEE) LESS AN AMOUNT EQUAL TO THE CANCELLATION CHARGES AS PER THE SINGLE PAYMENT PLAN SCHEDULE OF TIMINGS.
By placing an order with us using the Instalment Feature, you agree to pay to us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule (as defined below), plus any additional applicable Late Fees (as defined below) if you miss a payment to us on or before the scheduled date, as set out in Section 7 below.
Changes to this Agreement
We may amend this Agreement from time to time. If we make any changes to this Agreement that we deem to be material, we will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement made available via the website from time to time to see if it has changed. If you do not agree with the changes, do not place any further orders using the Instalment Feature.
We will not change any terms and conditions for an existing order that has been accepted; the terms and conditions that will apply to an accepted order are the terms and conditions that applied at the time you made the order.
Transfers or Assignments
You cannot transfer or assign any rights you may have under this Agreement without our prior written consent.
You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.
Selection of Payment Participants
Only a limited number of tickets may be available for any Payment Plan and individuals eligible to participate in the Payment Plan shall be determined on a first-come first-served basis. TT may, at any time, and with or without advanced notice, increase or decrease the number of tickets available under the Instalment Plan, terminate or discontinue offering the Instalment Plan Service.
You are responsible for ensuring that you have enough funds via your Payment Method available to make Instalment Payments on the dates specified in your Payment Schedule.
The Instalment Feature is not a loan and there is no interest associated with the use of the feature.
Your Use of the Instalment Plan Services:
You promise to pay the full amount of the purchase price in instalments.
You agree that all information that you provide us is true, complete and accurate and you agree not to misrepresent your identity.
If your information, including your Payment Method information, changes, you agree to notify us immediately.
Prohibited uses of the Instalment Plan Feature
You agree not to use the Instalment Feature for any unlawful or fraudulent activity and to immediately contact us if you believe that your Payment Method may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity or security breach. By using the Instalment Feature, you agree that you will not do any of the following:
1. Engage in any activities related to the Instalment Feature that are contrary to any applicable law or regulation or the terms of any agreement you may have with us;
2. Provide false, inaccurate or misleading information to us;
3. Provide information belonging to any person other than yourself;
4. Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Instalment Feature or to surreptitiously intercept or expropriate any system, data or personal information from the Instalment Feature;
5. Breach this Agreement or any other agreement or policy that you have agreed to with us or others;
6. Use the Instalment Feature to accomplish a cash advance;
7. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique; or
8. Commit unauthorized use of the Sites and systems, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Site
Automatic Payment Authorization:
You authorize us to automatically charge to the payment card number and expiration date and other payment method information you provided (collectively, the "Payment Method") the deposit and the amount of each payment under your Instalment Plan on or about the due date thereof. Each charge will be processed in GBP. Because of the consequences of failure to make a payment on time discussed above, you agree that you are responsible for notifying us immediately of any change in your Payment Method, including without limitation if your payment card number or expiration date changes or if your payment card is lost or stolen and replaced with a new payment card.
You agree to make Instalment Payments in accordance with your Payment Schedule. You hereby expressly consent to, authorize and instruct us to (a) initiate recurring card payments from the card you specify; or (b) to initiate recurring charges from your specified credit card, for the amounts, and on those scheduled dates, set out in your Payment Schedule. All Instalment Payments will be automatically charged to the designated credit card in accordance with your Payment Schedule.
You agree to be bound by any rules that your credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the Instalment Payment.
You must update all changes to your credit card information directly with TT. If you do not update your credit card information and we are unable to charge your credit card for the amount due, you will be subject to Late Fees and you may be subject to fees or charges assessed by your financial institution.
TT SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR CREDIT CARD IS CHARGED, except to the extent that such fees or charges arise as a result of TT’s error or system failure. If any fees or charges are imposed as a result of TT’s error or system failure, please provide TT with a copy of the relevant records, and if TT determines such error was made by them then they will reimburse you for the relevant fees or charges.
Consent to Electronic Contracting and Communications
You agree to receive the Authorization and any associated documents along with this Consent through the TT website. You may refuse to agree to this Consent by not choosing “I agree to the terms and conditions” signifying that you agree to these terms. If you do not agree to this Consent, we will not be able to set up the applicable Instalment Plan described above. You agree to print and/or save the Authorization.
6 Tickets and other admission documents for the Booked Event and/or the Tour Package(s) shall not be issued to the Customer until Full Payment has been received in cleared funds by TT. It is the Customer responsibility to ensure that all payments have been made before querying dispatch of tickets and other admission documents.
7 In the event of the Customer wishing to cancel the booking any such cancellation must be confirmed in writing to TT who shall exercise its sole discretion in deciding whether to accept such cancellation by the Customer. On receipt of such a notice of cancellation and subject to TT accepting such cancellation TT shall be entitled to a) charge a cancellation fee equal to 15% of the Tour Package(s) as priced on the invoice; or b) charge a cancellation fee equal to 50% of the tour Package(s) as priced on the invoice where such notice of cancellation has been received by TT between 20 weeks and 12 weeks prior to the first day of the booked event; or c) charge a cancellation fee equal to 100% of the Tour Package(s) as priced on the invoice where such notice of cancellation has been received by TT less than twelve weeks prior to the first day of the Booked Event.
8 In the event of the customer wishing to alter the booking at any time, such alteration shall be subject to agreement by TT in writing and will be subject to an administration charge equal to 15% of the Tour Package(s) so altered as priced on the booking form.
9 TT has no control over the running of the Booked Event and all details and descriptions in relation thereto are for guide purposes only. For the avoidance of doubt the date for the Booked Event is subject to change. In the event of the date changing and the Customer wishing to cancel it’s booking the Customer must notify TT within 14 days of the date on which the Customer is notified of a change in date of the Booked Event. Such cancellation will be subject to the approval of TT and an administration charge equal to 15% of the Tour Package(s) as priced on the booking form.
10 The details of the Booked Event shown in any material supplied by TT are correct at the time of printing but the customer shall be responsible for checking with the event organisers that no alterations have been made.
11 The tickets in any Tour Package(s) sold are also subject to any terms and conditions imposed by the Event Organisers and TT shall have no liability whatsoever for any negligence or breach of the said terms and conditions by either the Customer or the Event Organiser and the Customer shall indemnify TT against all losses, damages, costs and expenses incurred by TT in connection with any claim brought by the Event Organiser against TT as a result of any breach of the said terms and conditions by the Customer. It shall be the responsibility of the Customer to obtain details of the Event Organiser’s terms and conditions.
12 TT shall not be held liable for any act or omission by any person not employed directly by TT. TT shall have no liability for the acts or omissions of the Event Organisers, their servants, agents or employees.
13 Except in respect of death or personal injury caused by TT’s negligence, or as expressly provided in these Terms and Conditions, TT shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms and Conditions for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of TT, its servants or agents or otherwise) which arise out of or in connection with the provision of the Booked Event (including any delay in providing or failure to provide the Booked Event).
14 TT is not responsible for any loss, injury or damage, howsoever caused, to Customer except where such loss, injury or damage is caused by the negligence of TT, its employees or agents. The entire liability of TT under or in connection with these Terms and Conditions shall not exceed in any event the price of the Hospitality Package(s) except as expressly provided in these Terms and Conditions.
15 TT shall have no liability for any loss, damage or expense caused by cancellation of the Booked Event because of government action, strike, civil commotion, National disaster or other force majeure.
16 Any complaints must be received in writing by TT within seven days of the last day of the Booked Event. TT shall not be liable for any complaints received after that period. The customer acknowledges and understands that TT sells the Formula One Paddock Club Hospitality package on behalf of Allsport Management S.A. and that such Tour Package is not operated or delivered by TT or its employees or contractors. In the event of any dispute in relation to the Tour Package the customer agrees that TT’s maximum liability to the customer is the amount of commission TT receives for selling such Tour Package.
17 TT shall have no responsibility for any property or personal effects left at the Booked Event by the Customer.
18 Where the Tour Package(s) are posted to the Customer, the risk in the goods shall pass to the Customer upon the items being posted to the address given by the Customer. TT shall not be liable for any loss, damage or cost arising from the delivery or non-delivery of the Tour Package(s). TT reserves the right to levy an additional charge for issuing replacement tickets and documents arising from non-delivery of the Tour Package(s).
19 The Tour Package(s) and tickets shall not be resold or transferred save as set out herein and shall not be purchased or obtained from or through any commercial agent or company or otherwise than directly from TT or an appointed agent of TT. If more than one Tour Package or ticket is issued to a customer those Tour Packages or tickets may be used only by those persons intending to accompany that Customer to and at the Booked Event. The provision of such Hospitality Packages and tickets by a Customer to such persons without payment shall contravene these Terms and Conditions. Any Tour Package(s) or tickets obtained in breach of these Conditions shall be void and all rights conferred or evidenced by such tickets shall be nullified. Any person seeking to use a ticket obtained in breach of these Terms and Conditions in order to gain or provide entry to or remain at the Booked Event will be liable to be refused admission to or be ejected from the venue where the Booked Event is to be held and may be liable to legal action.
20 Tour Package(s) and tickets herein shall not be used as competition prizes or trade incentives nor may they be used in raffles, tombolas, lotteries or draws whether for commercial or charitable purposes without the prior permission of TT who may withhold such permission at its sole discretion. Please call us on 0800 5999 077 for further information.
21 Unless otherwise agreed these Terms and Conditions shall be subject to and construed in accordance with English Law and subject to the exclusive jurisdiction of the Courts of England and Wales.
22 TT gives no warranty (whether expressed or implied under statute or otherwise) that the Booked Event shall take place at the time and place stipulated or at all and all conditions (whether expressed or implied, whether under statute or otherwise) in respect thereof are excluded. TT shall not be liable to give any refund if the booked Event shall be cancelled by the Event Organiser.
23 The Customer is responsible for taking out adequate insurance cover against cancellation, abandonment or postponement of the Booked Event.
24 No animals will be admitted to the venue or any car parks with the exception of guide dogs.
25 During the Booked Event noise levels may be very loud within the venue. In particular, you are advised to wear hearing protection during races to reduce the risk of hearing damage.
26The F1 FORMULA 1 logo, F1, FORMULA 1, FIA FORMULA ONE WORLD CHAMPIONSHIP, BRITISH GRAND PRIX and related marks are trademarks of Formula One Licensing BV, a Formula One group company. All rights reserved.
27 Motor racing is dangerous and noisy. TT, the Sanctioning bodies (including but not limited to FOWC, Formula One Management Limited, FIA, Allsport Management S.A., Formula One Marketing Limited, Formula One Hospitality and Event Services Limited Formula One Asset Management Limited, Formula One Licensing BV, the organisers of the Event (including officials, marshals, rescue medical staff), competitors and drivers, are not responsible for any loss or damage howsoever caused, to you to the maximum extent permitted by law (except in the case of death or personal injury caused by negligence of the above parties).
28 Ticket Issuing Procedures, any paper tickets will be sent to you by special delivery post and will be needed to be signed for approximately 14 days before the event takes place. Tickets and other admission documents will under no circumstances be issued prior to full payment relating to such tickets.
WARNING: MOTORSPORT CAN BE DANGEROUS Despite the organisers taking all reasonable precautions, unavoidable accidents can happen. In respect of these you are present at your own risk.