Terms & Conditions

Last updated 25-02-2022

Company: OpenTrack Events Ltd
Registered Office: Two Woodpecker Way, Great Cambourne Cambridge, CB23 6GZ
Phone: 01954-710-911 | 07531-709-657
E-mail: ku.oc.kcartnepo@olleh
VAT #: 161 8276 02

  1. Definitions
    1. "us", "we" and "our" means OpenTrack Events Ltd.
    2. "you", "your" and "yourself" means the individual or organisation set out on the booking page annexed to these terms and conditions and shall include all or any additional drivers or passengers participating in the Event under your booking form.
    3. "Event" means the specific Event details on the booking page annexed to these terms and conditions.
    4. "UK" means the United Kingdom.
    5. "Europe" means Countries in the European Union Area
    6. "Track" Means the Track owner/Event organizer at which the Event is held.
    7. "Third-party" Means the Track owner/Event organizer at which the Event is held.
  2. Pricing
    1. The current prices are shown on our website and will be confirmed at the time of booking. All prices include VAT at the prevailing rate at the time of booking.
    2. There will be additional charges for extra drivers, garages and tuition, which will also be shown on the website and confirmed at the time of booking.
    3. We reserve the right to change any of the prices advertised on our website without prior notice.
  3. Booking and Payment
    1. All Events are offered subject to availability and on a strictly first come first served basis.
    2. There shall be no formal and binding contract between us and you until we have received the required payment in full, and all Events must be paid for in full at the time of booking.
    3. We reserve the right to refuse or cancel any booking without having to disclose the reason.
    4. Bookings are none transferable. However you can change driver details (including the main driver and car) up until sign-on on the day of the event by logging in to your OpenTrack account.
    5. You make all bookings for Events on the understanding that you will be invoiced following the event should you or anyone in your party inflict any damage to the Circuit complex or its infrastructure. Full payment must be made within seven days.
    6. In the case of an Event taking place outside the UK, payment shall be made on the understanding that by making such payment, you authorise us to deduct or Invoice you any additional fees and costs incurred in relation to the booking at the appropriate time once these fees and costs are known.
    7. We do not permit third party usage of any U.K. circuit, event or booking for the following but not limited to:
      1. Corporate entertainment.
      2. Hot laps or experience laps.
      3. Third party track car hire.
      However we fully Understand that sometimes a Client may wish to attend a specific date that OpenTrack are operating. Therefore it is understood that by taking part in the event you (as the organiser / car provider) will be invoiced at a fee of £500 per car on track inc vat.
  4. Cancellations
    1. You can cancel a booking up until the day of the Event (remember, you can change a drivers details up until sign-on on the day of the Event free of charge via your OpenTrack account).
    2. Where an Event is cancelled due to adverse weather conditions (snow, fog etc.) we will work with the circuit to offer a replacement date in the future and you will obtain a full credit to your OpenTrack account.
    3. Where an Event is shortened due to adverse weather conditions (snow, fog etc.) we are unable to offer a credit.
    4. Where an Event is cancelled for any reason, we cannot be held liable for any costs arising from the cancellation of accommodation or travel arrangements or any third party fee.
    5. We reserve the right to cancel any booking paid for with credit obtained from a "5for5" booking that was subsequently cancelled.
  5. Refunds & Credit
    1. We do not offer refunds under any circumstance. Instead (where applicable) we offer credit (aka "OT Credit") which will be automatically deducted off future purchases made through the website. Your can view your OT Credit balance at any time by logging in to your OpenTrack account.
    2. For Events not booked directly through OpenTrack (e.g. using a third party website, reseller or affiliate), no refunds or credits will be given under any circumstance.
    3. Unless superseded by another point in these Terms & Conditions, or the Event has its own cancellation terms (communicated at the time of booking in the "Important Details" for the Event), then credit is calculated based on the number of day remaining until the Event start date using the following rates:
      Days to go Credit %
      0 - 3 50%
      4 - 999 100%
    4. Credit is valid for one year from the date it was added to your account. After this time it may be removed from your "OT Credit" balance without notice.
    5. Credit can only be redeemed directly through the OpenTrack website.
    6. Credit is non-transferable, has no monetary value and cannot be refunded.
    7. Credit cannot be used for Car Hire or One 2 One tuition packages.
    8. Credit and discount codes cannot be used in conjunction with any other offer or sale.
    9. You will not receive credit for the portion of a payment reduced by the use of a discount code. Further to this, due to the "expiring" nature of a discount code you will not be able to re-apply it to a new booking. Any value the discount code had will be lost at the point of cancellation.
    10. We reserve the right to adjust your credit balance without prior notice if it is deemed that credit was obtained fraudulently or through error.
    11. Credit rates apply at the time of cancellation and we reserve the right to change any credit rates without prior notice by updating these Terms & Conditions.
    12. Please be aware that if you pursue a Chargeback or reclaim of funds via your bank or card issuer or Hmcts for any reason OpenTrack Events Ltd will invoice you directly the amount of £299 + VAT to cover our administration costs and time.
  6. Compliance With Track Regulations
    1. Track regulations imposed by each Track will be available from us by prior request and in a hard copy form at the drivers briefing.
    2. You agree to be bound by the Track regulations throughout the Event and it will be your responsibility to ensure that you have read these thoroughly prior to the start of the Event.
    3. You must attend all drivers briefings held during the Event and sign all necessary driver and/or passenger indemnity forms prior to participating in any Event.
    4. You undertake that all vehicles brought by you to the Event must be capable of passing an MOT test or conform to current RAC MSA regulations. (we reserve the right to remove vehicles we consider to be unsafe).
    5. Your vehicle must be capable of being towed off the circuit via at least one preferred tow point at either the front or rear of your vehicle. No vehicle without a approved tow point will be allowed out on the circuit.
    6. You acknowledge that we will not be inspecting other vehicles on the Track and that we give NO GUARANTEE as to the suitability of other vehicles at the Event.
    7. Please note that cars not effectively silenced to the noise limit stated on the Final Instructions document for the Event, will be subject to an immediate exclusion from the Event without any refund.
    8. ** If you or your vehicle receives Two black flags during the Event, you and your vehicle will no longer be able to gain access to the live Track for the remainder of the Event. **
    9. Please note should you spin or leave the circuit at any point during the "sighting/pace laps" you will be requested not to take part in further on-Track activity for that day, and no refund will be given.
    10. Timing and competitive driving is strictly forbidden and any driving which, in our opinion is aggressive or inconsiderate will result in the driver and vehicle being immediately excluded from the remainder of the Event without any refund.
    11. ** If a vehicle or driver is found to be timing or being timed on the Event the vehicle and driver will not be allowed to take any further part in the Event. This timing rule overrides the Two Black Flag rule. **
    12. All drivers, passengers and guests must wear at all times during the Event the appropriate wristband to acknowledge these terms and that they hold us and the Track free from any liability or blame arising from any risk associated with the Event.
    13. Please note that your compliance with these terms and conditions is in addition to and not substitution of the additional Track regulations enforced by the Track. We reserve the right to exclude you from participation in the Event or the remainder of the Event, arising from your breach of these terms and conditions or any regulations imposed by the Track.
    14. The term "open pit lane" is used to describe the format of the Event and it does not guarantee access to the circuit in a free-flowing manner at all times. This could be for various reasons including Track safety number limitations and factors such as adverse weather conditions and the amount of vehicles booked on to the event.
  7. Circuit Layout, Facilities & Format
    1. Occasionally the layout advertised may not be available and we will do our best to let you know as soon as possible if this is the case. There are many reasons this can happen and it is sometimes out of our control, as final layout discretion is held with the circuit owner.
    2. Facilities at Circuits vary between each location, however we will always do our best to provide the best facilities at each event. Unfortunatly from time to time we are unable to provide items such as catering, storage areas, pit garages and additional Parking for support vehicles.
    3. Occasionally the format of a day may have to change. OpenTrack usually operate all days as open pit lane. However if requested by the circuit owner this may have to change to session system. You accept that OpenTrack have no option in this matter other than to operate as the Circuit owner has requested, therefore we have no liability in this matter.
  8. Weather
    1. You acknowledge and realise that your participation in the Event may be halted or cancelled due to adverse weather conditions.
    2. We will only halt an Event when your safety or that of the circuit staff is called into question.
    3. Any late cancellation will be published on the OpenTrack website and our social media pages. OpenTrack will also send an email and / or sms message to the main driver. We will do our upmost to let you know as soon as possible.
  9. Photography
    1. OpenTrack provide images to use free of charge for 'Personal' usage via Flickr following all Events
    2. By taking part in any OpenTrack event you authorise OpenTrack to use your image in future advertising should OpenTrack wish to use it.
    3. However should you or a third party wish to use images from an event held by OpenTrack for a business purpose you have to seek permission first.
    4. We charge a standard one of fee of £500 for "Below the line" usage.
    5. We charge a standard one of fee of £1000 for "Above the line" usage and Internet to include social media across all platforms.
    6. OpenTrack and Robert Baxter Photography retain Copyright of the Image at all times.
    7. Images usage for commercial purpose without prior permission will be charges at the "Above the line" rate plus VAT.
    8. More details on Image usage can be found at www.the-aop.org under the Licensing and Usage Calculator.
  10. Waiver of Liability
    1. In consideration of you being permitted to take part in the Event, you waive, release and discharge for yourself, your executors, administrators and legal representatives all or any rights and/or claims which you have or may have in the future against the Track or us, our officers, directors, employees, consultants, agents and sponsors, for all and any damages, injuries (including death), and/or claims which may be sustained by you directly or indirectly arising from your participation in the Event, which shall include the application of emergency or medical services at the Event, notwithstanding that these damages, injuries (including death) and/or claims are caused by the negligence of those persons listed above.
    2. Further, you agree not to hold liable the Track or us or our officers, directors, employees, consultants, agents or sponsors for all or any damages, injuries (including death) and/or claims which may be sustained by you directly or indirectly arising out of your participation in the Event. This waiver shall include but not in any way be limited to all claims for personal injury, death, property damage, financial loss, breach of contract, negligence claims or any other claim arising out of your participation in the Event and shall also include all legal costs otherwise recoverable arising from such claims.
    3. It is a condition of your participation of the activity, or activities, in which you intend to take part that in the Event of accident, loss or damage occurring.
    4. during such activity or activities you or your insurance representative will not pursue any claim for damages against any other participant (save in respect of injury or death).
    5. Having given the above waiver, you fully understand its terms and understand that you have relinquished significant rights by doing so. You have done this at your own free will and without any coercion or duress from any third party. You fully intend your waiver to be a complete and unconditional release of all liability to the extent permissible by law and agree that if any aspect of this waiver is held to be invalid, then the remainder of this clause and these terms and conditions generally shall continue in full force and effect.
  11. Indemnity
    1. You hereby agree to fully release and unequivocally indemnify the track and us, our officers, employees, consultants, agents, sponsors, licensees and assigns from all and any claims, demands, damages, liabilities or legal action arising either directly or indirectly from your actions or otherwise at any Event whether made or claimed before, during or after the Event and which shall include all associated costs and expenses and any sums which otherwise may have been paid as a full or partial settlement or compromise of any claim or liability.
    2. You further agree that where any initial booking payment has been made by you using a credit card, we shall be entitled to deduct such further sums from your credit card as are necessary to reimburse us for all and any costs or fees incurred as a result of any damage caused by you or any persons forming part of your group to the infrastructure of the Track. You acknowledge however that such charges will only be payable to us where the Track has demanded payment from us.
    3. You agree that If a event is cancelled prior to the event taking place or in a situation where we can you fit you on the day, OpenTrack, our agents, staff or Circuit owners shall not be liable for any or all associated costs and expenses regarding the event.
    4. Unless we have first agreed in writing, we are not bound by any variation to these terms and conditions
    5. You agree and accept all of these terms and conditions and understand that whilst we will use our reasonable efforts to ensure that all other participants at the Event abide by these terms and conditions, we cannot guarantee that these terms and conditions will at all times be complied with nor be held responsible or liable in anyway for their non-compliance.
    6. You agree that by completing the booking form and accepting these terms and conditions you are entering into a legally binding agreement with us to participate in the Event on our terms and conditions.
    7. You declare that all the information supplied by you on the booking form is to the best of your knowledge and belief correct and that you have read and understood the terms and conditions and agree to all of them (including but not limited to those relating to waiver of liability and indemnity) in full.
    8. You further understand that whilst we will make every effort to ensure that your personal information is kept private, we shall be held neither responsible nor liable should any information be lost or stolen by any third party.
    9. You understand that should you book through a third party for example a Car Club, Web forum or booking agency you are still bound by the OpenTrack terms & conditions.
  12. Law & Jurisdiction
    1. This contract is subject to the law of England and Wales.