In these terms and conditions, the following words/expressions have the following meanings:
"Event Tickets" means event tickets for the BMW Driving Experience Days 2018;
"Driving Experience Package(s)" means the event and hospitality arrangements made by us for each individual guest as booked by you in connection with the BMW Driving Experience Days;
"we", "us" and "our" means BMW (UK) Limited, having its registered office at Summit ONE, Summit Avenue, Farnborough, Hampshire, GU14 0FB;
"you" and "your" means the individual, company, or other business which purchases any Driving Experience Package(s).
DRIVING EXPERIENCE PACKAGES.
Driving Experience Packages are inclusive of driving experience activities with complimentary food and beverages. Delegates are required to be over 25 years old and have no more than 6 points on their driving license.
Any description of the Driving Experience Packages or other intellectual property in any advertising, publicity or other materials produced or distributed by you must be submitted to us for review and approval at least 20 working days prior to production or publication.
Driving Experience Packages include the Event Tickets shown on the booking confirmation. There will be no physical ticket for this event, but we will distribute further information regarding the day, approximately two weeks prior to the event date. Event Tickets may not be resold. Particular Event Tickets are not guaranteed and are subject to change even if referred to on your booking confirmation, itinerary or other paperwork. It may be necessary to change preliminary allocations of Event Tickets to particular bookings for operational reasons. Any change affecting event ticket allocations or any event(s) will not entitle you to cancel any Driving Experience Package(s).
HOW TO BOOK.
The person or company making the booking must have legal capacity and authority to make the booking on behalf of the guests. By confirming the booking you warrant that these booking conditions have been brought to the attention of and accepted by all guests on the booking. Following discussions with you about your Driving Experience booking requirements and upon confirmation of Driving Experience availability, The booking confirmation will detail the Driving Experience Package(s) allocated, cost per Driving Experience Package and the total booking cost received from you.
Please check the booking confirmation very carefully as soon as you receive them and contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. You may contact us by email: BMWtickets@delegate.com.
SPECIAL REQUESTS AND MEDICAL PROBLEMS/DISABILITIES.
We will do our best to comply with special requests made in writing at the time of booking. Although we will endeavour to pass reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For the guest's own protection, you should obtain confirmation in writing from us that the guest's request will be complied with (where it is possible for us to give this) if the guest's request is important to them. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your booking confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. If any guest has any medical problem or disability which may affect their Driving Experience Package, please tell us before you confirm your booking for their Driving Experience Package so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking.
BOOKING AMENDMENT BY YOU.
If you wish to alter any details of a confirmed booking, you must notify us as soon as possible. All costs incurred by us or incurred or imposed by any of our suppliers in meeting any alteration request together with an administration charge of £75 per person may be passed on to you.
The BMW Driving Experiences site uses Sage Pay as a payment service provider (PSP). It is Sage Pay's top priority to ensure that customers' transaction data is kept secure at all times.
All transaction information passed between the BMW Driving Experience site and Sage Pay’s systems is encrypted using SSL certificates. The BMW Driving Experience site does not store any card details and the site uses SSL (Secure Sockets Layer) in order to securely forward any bank card details used on the site directly to Sage Pay. Sage Pay confirm that nothing we pass to their servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
CANCELLATION BY YOU.
Cancellation only takes effect when received in writing from you at our offices. If you cancel your booking, you will still be liable for full payment for the Driving Experience Package(s) as detailed in your booking confirmation form. To the extent that we re-sell the Driving Experience Package(s) cancelled by you, we will refund you the amount we receive in payment for the same after deduction of our administration costs and other expenses. If it is determined that a refund is due, this will be processed within 30 days and will show in your account as from OLIVER Marketing Ltd. This refund is from the agency managing the Driving Experiences website on behalf of BMW (UK) Limited.
ALTERATION AND CANCELLATIONS BY US.
We reserve the right to make changes both before and after bookings of Driving Experience Packages have been confirmed and cancel confirmed bookings. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:
a) accepting the changed arrangements as notified to you; or
b) cancelling or accepting the cancellation of the Driving Experience Package(s) concerned and receiving a full and prompt refund of all monies paid to us for them.
AUTHENTICATION FRAUD PREVENTION.
The BMW Driving Experience site uses 3D secure authentication to prevent fraud prevention across the site. 3D secure will re-direct you to an authentication page where you will have to enter your secure password as previously set up with your bank. 3D secure is controlled by VISA and MasterCard and the following cards can be used : VISA, VISA DELTA, MASTERCARD, MASTERCARD DEBIT, INTERNATIONAL MAESTRO, UK MAESTRO, LASER, and VISA ELECTRON.
"Force majeure" means any event which we and/or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such circumstances may include, but are not limited to, actual or threatened, war, civil strife, riot, terrorist activity, natural or nuclear disaster, fire, industrial dispute, adverse weather conditions and all similar events outside our/the supplier's control.
a) Our obligations, and those of our suppliers providing any service or facility included in your Driving Experience Package, are to take reasonable skill and care to arrange for the provision of such services and facilities. We will only be responsible for what our employees, agents and suppliers do or do not do if they were acting in the course of their employment (our employees) or carrying out work we had asked them to do (agents and suppliers). We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
i) the act(s) or omission(s) of the guest(s) affected or any other guest(s); or
ii) the act(s) or omission(s) of a third party; or
iii) force majeure as defined above.
b) Please note, we will not be responsible for any losses, expenses, costs or other sum you or any guest(s) suffer which relate to any business activity. This includes any use of arrangements for promotional or other business purposes whether or not we are aware of or have approved such use. Any such intended use must be specifically approved in writing in advance by us, but any approval given is strictly subject to this exclusion. In addition, we cannot accept responsibility for any services which do not form part of your Driving Experience Package. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them.
c) We limit the maximum amount we may have to pay you or any guest(s) for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions (including money and/or Event Tickets) is concerned or a lower limitation of liability applies to the claim, the maximum amount we will have to pay you or the guest(s) concerned for such non personal injury claims if we are found liable to you or any guest(s) on any basis is twice the price (excluding insurance premiums and amendment charges) paid for the guest(s) affected in total. This maximum amount will only be payable if the guest(s) concerned have not received any benefit at all from their Driving Experience Package. If we are found liable for loss of and/or damage to any luggage or personal possessions (including money and/or Event Tickets), the maximum amount we will have to pay you is £50 per guest affected as you/all guests are assumed to have taken out adequate insurance at the time of booking.
d) Please note many of the services which make up your Driving Experience Package(s) are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you.
e) If you purchase any optional activities that are not part of your Driving Experience Package, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk.
We compile our literature and information many months in advance using our best endeavours to ensure that the details shown are correct. However, there may be cases where there are errors in, or changes to the advertised services and facilities. We regret we cannot accept responsibility for any changes to or deficiencies in any services, facilities or events which do not form part of your contract with us, are the result of, or derive from errors in, or changes to the official event schedule.
VISAS AND PASSPORTS.
Passport and Visa requirements may change and you/guests must check the up to date position in good time before departure with the Embassy or Consulate of the
country(ies) you are travelling through and to. It is your responsibility to ensure that each guest is in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you/the guest. We regret we cannot accept any liability if any guest is refused entry onto any transport or into any country due to failure on their part to carry correct documentation. If any guest is not a British citizen or holds a non British passport, you/they must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which they are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
INSURANCE AND TRAVEL DELAYS.
It is your responsibility to ensure that all guests have adequate and appropriate travel insurance which is suitable for their particular requirements.
In the event that you or any guest encounter a problem during a Driving Experience Package, it is essential that you or the guest advise our local representative and the supplier of the deficient services immediately in writing so that every effort can be made to rectify the situation immediately.
When you book with us, you accept responsibility for any damage or loss caused by you or any guest. Full payment for any such damage or loss must be paid direct at the time to the supplier concerned. If you or the guest(s) concerned fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your or the guest's actions. We expect all guests to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, any guest behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to cancel or terminate the Driving Experience Package(s) of the guest(s) concerned as we in our reasonable discretion consider appropriate. In this situation, the guest(s) concerned will be required to immediately cease use of all services which form part of the cancelled or terminated Driving Experience Package(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
DATA DISCLOSURE AND PROTECTION.
You are responsible for ensuring that every guest is aware of the content of this section and consent to you acting on their behalf in all your dealings with us.
In order to process your booking, we need to collect certain personal details from you including certain personal data relating to guests. These details will include, where applicable, your contact details, the names of guests, payment details and information relating to any disability or medical condition of any guest which may affect their Driving Experience Package and any dietary restrictions which may disclose a guest's religious beliefs. If we need any other personal details, we will tell you before we obtain them from you/guests. We need to pass on these personal details to the companies and organisations who need to know them so that Driving Experience Packages and/or Event Tickets can be provided. Such companies and organisations will often be based outside the UK/EEA.
We may also disclose your information to companies who act as "data processors" on our behalf, or to our service providers operating systems or business functions on our behalf, some of whom are outside the UK/EEA. These purposes include administration, providing services (and contacting you where necessary), customer care, improving our service, business management and operation, re-organisation/structuring/sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection. Some of the information (such as health or religion) may be considered "sensitive personal data" under the Data Protection Act 1998. We collect it to cater to your/your guests' needs or act in your/your guests' interest, and we are only prepared to accept sensitive personal data from you on the condition that we have your/your guests' positive consent. If you do not agree to our use of your information as above, we cannot accept your booking.
Occasionally we hire other companies to provide services on our behalf, for example mailing information to our clients. We only provide those companies with the personal details relating to our clients which they require in order to deliver the service. They are prohibited from using that information for any other purpose. We will ensure that anyone to whom we pass personal details for this reason agrees to treat it with the same level of protection we are obliged to provide. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you/guests give us as set out above unless you/guests agree otherwise. We have appropriate security measures in place to protect this information. Any likeness or image of you secured or taken on any of our Driving Experience Packages may be used by us without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
LAW & JURISDICTION.
These terms and conditions, and any other claim or dispute arising from or related to these terms and conditions, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it.