Formula One Paddock Club ™ Terms AND Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
The following definitions apply unless the context requires otherwise:
"Authorised Seller" means a person who has been authorised in
writing by FOHES to sell Tickets in respect of any Event;
"Caterer" means the persons or organisations appointed by
or approved by FOHES to provide catering, food and beverage
services for the Facility in respect of the relevant Event;
"Client" means a Purchaser and a Ticket Holder; "Event" means
a round of the 2016 FIA Formula One World Championship™ or
part thereof (including days on which practice, qualifying and any
support races take place) other than rounds in Australia, Brazil
and Singapore;
"Event Period" means such Opening Hours and day(s) as FOHES
advises the Client that the Facility is open and available to the
Client for the relevant Event;
"Facility" means the area notified to the Client by FOHES as
being the area in which Formula One Paddock Club™ hospitality
is provided;
"FOHES" means Formula One Hospitality and Event Services
Limited of 6 Princes Gate, London SW7 1QJ, England or such
other address as it may from time to time operate;
"FOWC" means Formula One World Championship Limited of 6
Princes Gate, London, SW7 1QJ, England or such other address
as it may from time to time operate, and/or where the context
requires shall include Formula One Management Limited
("FOM"), acting as its agent and business manager;
"FIA" means the Fédération Internationale de l’Automobile,
place de la Concorde 8, 75008 Paris, France or such other
address as it may from time to time operate from or any
employee, representative, agent or contractor acting on the FIA’s
behalf;
"Opening Hours" means the hours of the relevant day during
which the Facility is open to the Client as advised by FOHES from
time to time;
"Order Confirmation" means a written confirmation by the
Seller to the Purchaser that the Registration Form has been
received and accepted;
"Paddock Club™ Parking Ticket" means a parking ticket or
sticker issued to a Client by FOHES permitting parking in a
Paddock Club™ Parking Area;
"Paddock Club™ Parking Area" means a dedicated parking area
notified to the Client by FOHES at an Event for use by Clients who
hold Paddock Club™ Parking Tickets;
"Purchaser" means the party named on the Order Confirmation
(or such other person or organisation as may be substituted
therefore with the written consent of FOHES) and where the
context so requires shall include any employee, representative,
agent or contractor acting on the Purchaser’s behalf;
"Registration Form" means an application for Tickets on a
standard FOHES application form (or on such other document as
may be acceptable to FOHES from time to time);
"Seller" shall mean FOHES or an Authorised Seller in its
capacity as seller of the tickets, as the case may be; "Terms and
Conditions" means these Formula One Paddock Club™ standard
terms and conditions;
"Three Day Ticket" shall mean a Ticket valid for the Opening
Hours on the Friday, Saturday and Sunday of an Event;
"Ticket" means a ticket, voucher or other form of pass issued
by FOHES permitting access to the Facility during the Opening
Hours on a particular day of an Event;
"Ticket Holder" means the user of a Ticket for an Event;
"Ticket Price" means the price advised and confirmed by the
Seller as being payable by the Client for the Tickets, exclusive of
any and all applicable taxes;
"Total Fee" means the amount payable under these Terms and
Conditions by the Client to the Seller, being the Ticket Price plus
any applicable taxes required under relevant tax law (including
but not limited to sales taxes, value added taxes and similar
taxes);
"Two Day Ticket" shall mean a Ticket valid for the Opening
Hours on the Saturday and Sunday of an Event.
1.2 Interpretation
(a) Headings are for convenience only and do not affect
interpretation.
(b) The singular includes the plural and conversely.
(c) A reference to conduct includes, without limitation, an
omission, statement or undertaking, whether or not in
writing.
(d) Where there are two or more parties named as the Client,
a reference to a right or obligation of the Client confers that
right, or imposes that obligation, as the case may be, jointly
and severally.
2. AGREEMENT
2.1 Binding Agreement
These Terms and Conditions constitute the entire agreement
between FOHES and the Client for the purchase and/or use by
the Client of one or more Tickets and shall be deemed to have
been accepted by the Client when the Client or Authorised Seller
on behalf of the Client submits a Registration Form to the Seller
and/or uses a Ticket at an Event.
2.2 FOHES Reservation of Rights
Notwithstanding anything elsewhere contained in these Terms
and Conditions, FOHES reserves the right (exercisable in its
absolute discretion) to determine whether or not any requests
contained within a Registration Form (or otherwise) for the
purchase of Tickets are accepted.
3. TICKETS AND PAYMENT
3.1 Total Fee
(a) The Client shall pay to the Seller the Total Fee on or
before such date(s) as the Seller notifies the Client on the Order Confirmation and/or on the relevant invoice and if
so required by the Seller in the case of large bookings or
bookings for private or shared suites, a non-refundable
deposit of 25% of the Total Fee (“Deposit”) payable by such
date as the Seller shall advise the Client and time shall be of
the essence.
(b) No withholding in respect of any taxes will be made from
any payments made by the Client to the Seller under
these Terms and Conditions, unless required by law. If any
taxes are so required to be withheld from any sums paid
or payable under these Terms and Conditions by or on
behalf of the Client to the Seller, the Client undertakes to
pay forthwith to the Seller such additional amount as will,
after such withholding or deduction has been made, leave
the Seller in the same position as it would have been in the
absence of the requirement to make such withholding or
deduction
3.2 Issue of Tickets
(a) FOHES shall be under no obligation to issue any Tickets or
provide any other benefits in relation to the Facility until the
Total Fee (and, if relevant, the Deposit) has been received
by FOHES in cleared funds no later than the dates specified
by FOHES and time shall be of the essence in that regard.
If only part payment of the Total Fee is received by FOHES,
FOHES may (exercisable in its absolute discretion), provide
to the Purchaser that number of Tickets which equates to
the pro rata portion of the Total Fee received. The Purchaser
agrees that subject to Clause 10.2, notwithstanding the
supply of fewer Tickets, the Purchaser remains liable to
FOHES for the balance of the Total Fee.
(b) Subject to these Terms and Conditions, FOHES agrees to
issue to the Purchaser the number of Tickets for which full
payment of the Total Fee has been received. Lost Tickets will
not be refunded or replaced without the consent of FOHES
(exercisable in its absolute discretion). Subject to Clause
10.2, in the event that FOHES advises the Purchaser that
it is unable (or there is not sufficient space or availability)
to provide the Purchaser with the number of Tickets to
the Facility for which payment of the Total Fee has been
made, FOHES shall, within 60 days of FOHES advising the
Purchaser, refund to the Purchaser an amount equal to the
price paid by the Purchaser for such number of the Tickets
as FOHES does not provide and FOHES shall have no further
liability or obligation in respect of such Tickets.
3.3 Ticket Collection
FOHES reserves the right to nominate and notify the Client
(either directly or through the Authorised Seller) of the location
where (and when) the Client can collect Tickets for which full
payment has been received by FOHES.
3.4 Additional Tickets Ordered During an Event Additional
requests to purchase Tickets during an Event may be
accepted by FOHES (in its absolute discretion) and subject
to such conditions as FOHES may advise which may
include immediate payment in a form and by such payment
procedure as FOHES may advise.
3.5 Cancellation
(a) FOHES shall have the right to determine any and all terms
and conditions relating to cancellation and/or refunds (if
any) from time to time.
(b) No refunds will be given in the event of cancellation unless
otherwise agreed by FOHES (in its absolute discretion).
(c) Once the Registration Form has been submitted, no
exchange or cancellation of any Ticket will be permitted,
except as authorised by FOHES from time to time.
(d) FOHES may (in its absolute discretion) refuse to accept
Registration Forms and/or cancel Ticket orders from anyone
it believes intends to offer a Ticket for resale or contrary to
these Terms and Conditions.
(e) Tickets are sold as Two Day Tickets or Three Day Tickets
only.
4. Use of Facility
(a) Subject to Clause 4.1(b) no alterations or additions to either
the Facility or any use of the Facility other than the use
permitted by these Terms and Conditions will be allowed
without the prior written consent of FOHES (exercisable in
its discretion).
(b) Where the Client is permitted use of a dedicated area within
the Facility (as determined by FOHES), the Client may, at its
own cost, decorate or theme the inside of such dedicated
area, provided that
1) no items displayed (including signage) are visible from
the outside of such dedicated area unless the Client has
obtained the prior written consent of FOHES and 2) the
Client ensures that any and all references to the name of the
relevant Event (or to any other round of the FIA Formula One
World Championship™) that appear in or on any materials
located inside (or accessible from) the Facility correctly refer
to the full and official name of the relevant Event (or the full
and official name of any other round of the FIA Formula One
World Championship™ as the case may be) and have been
approved in writing in advance by FOHES.
(c) Unless otherwise agreed in writing between the Client
and FOHES the Client is fully responsible and liable for
transporting all decorating/theming materials and other
property belonging to it and for any damage caused within
the Facility by such materials or property
(d) The Client is liable for and hereby agrees to indemnify and
hold harmless FOHES from and against any claim, loss
(including without limitation, indirect loss, consequential
loss or loss of profit), damage, cost or expense (whether
in tort, contract or otherwise) arising from or connected
with the transport, installation, erection, display, use,
safekeeping, dismantling or removal of such materials and
property. The Purchaser is liable for and must indemnify
and hold harmless FOHES against any and all costs and
expenses howsoever incurred in relation to any alterations
or additions made by it or on its behalf.
(e) Except with FOHES’s prior written consent or as otherwise
provided for in Clause 4.1(b) the Client shall not undertake
advertising or promotional activity at the Facility, including,
without limitation the displaying of any corporate signage or
corporate identification within or outside the Facility
4.2 Nature and Location of the Facility/Grandstand Seats
FOHES reserves the right to determine (in its absolute
discretion) the nature and location of the Facility and any
dedicated areas within the Facility at any Event in all respects
including, without limitation, whether or not (and if so, any
conditions upon which) FOHES may provide grandstand seating
(if at all) and if grandstand seating is provided by FOHES (in its
absolute discretion) the type and position of any grandstand
seating so provided.
5. NO USE OF TICKETS IN PROMOTIONS
(a) The Client shall not, without the prior written consent
of FOHES (exercisable in its absolute discretion) use for
any advertising, promotional or commercial purposes
(including without limitation prizes, competitions, contests
or sweepstakes) in any media 1) the name of FOHES or 2)
the name of the relevant Event or 3) the name of any other
round of the FIA Formula One World Championship™ (or
any abbreviation or foreign language version thereof) or 4)
any Tickets or 5) the “Formula One Paddock Club™” or the
“Paddock Club™” name or logo or 6) the Facility.
(b) The Client shall not, without the prior written consent of
FOHES (exercisable in its absolute discretion) do any act
or thing to imply or give the impression that 1) it or its
activities are connected to or endorsed by the Formula
One Paddock Club™ or FOHES and its affiliates or 2) that
it is a title sponsor of or supplier to, or is in some way
associated or affiliated with, the FIA Formula One World
Championship™, the relevant Event or the Facility or in
some other way connected to FOHES, that Event or the
Facility
6. NO ON-SELLING
The Client shall not sell, offer to sell, on-sell, exchange for
fee, reward or other valuable consideration, assign, sublet,
encumber, licence, sub-licence, transfer, dispose of or otherwise
deal with any of the rights, benefits or obligations contained
in these Terms and Conditions nor sell or offer to sell any
Ticket(s) to a third party without first obtaining the prior written
consent of FOHES (exercisable in its absolute discretion) and
which may include such conditions as FOHES thinks fit. This is a
fundamental condition.
7. RESTRICTIONS ON USE OF NAMES AND LOGOS
(a) The Client shall not use any of the expressions
"Formula One™", "Formula 1®", "F1®", "FIA Formula One World
Championship™", “Formula One Paddock Club™", "Paddock Club™" or any trade marks (whether registered
or unregistered) or logo(s) pertaining thereto or any other
intellectual property right owned by FOHES, FOHES’s
affiliates or by any third party except with the prior written
consent of FOHES, FOWC, FOM or the relevant owner or
licensee of such trade mark or other intellectual property
right.
(b) The Client shall not use the name of the relevant Event (or
the name of any other round of the FIA Formula One World
Championship™) or part thereof (nor any abbreviation or
foreign language version thereof) nor any logo or graphic
device of or relating thereto for any commercial purpose
whatsoever without the prior written consent of FOHES first
being obtained (exercisable in its absolute discretion). This is
a fundamental term.
8. CATERING
(a) FOHES is exclusively entitled to procure or authorise the
provision of all catering, food and beverage services for
the Facility at the relevant Event and may appoint the
Caterer and such other persons as it thinks (in its absolute
discretion) fit to provide such catering, food and beverage
services (or part thereof).
(b) Clients are not permitted to bring food or beverages of any
description into the Facility without the prior written consent
of FOHES (in its absolute discretion).
9. CLIENT OBLIGATIONS AND ACKNOWLEDGEMENTS
9.1 Display of Tickets
Clients shall comply with all security arrangements and display
in a clear and visible manner at all times on entry to and within
the relevant Event and the Facility, the correct Ticket (and if
requested by FOHES wear a corresponding wristband at the
Event) at all times upon entry to and whilst within the Facility and
in any area of the Event where the Ticket permits access. FOHES
and/or its representatives reserve the right to refuse entry to the
Facility to any Client or any other person who does not comply
with the security arrangements or who is not displaying such
Ticket and/or is not wearing such wristband, and FOHES and
the Caterer each reserve the right to refuse service to a person
who is not displaying such Ticket and/or is not wearing such
wristband within the Facility.
9.2 Compliance with Directions
The Client shall comply with:
(a) any security arrangements, directions or notices displayed
or given by officers, employees or agents of or persons
authorised by the FIA, FOWC, FOM, FOHES or the promoter
of the relevant Event including, without limitation, notices,
directions or other requirements relating to access
and security at that Event, medical matters, evacuation
procedures or the conduct of the Client(s) at that Event;
(b) the conditions of sale attaching to the relevant Event and the
conditions of entry displayed at the entrances to that Event;
and
(c) all laws, regulations or requirements of any authorities
(including, without limitation, the FIA, FOWC, FOM, Formula
One Marketing Limited (“FOML”) and the promoter of
the relevant Event) having jurisdiction over the activities
of FOHES, the Event and/or the use or occupancy of the
Facility.
9.3 Clients under the age of 18
Any Client who is under 18 years of age must be accompanied
and supervised at all times by an adult Ticket Holder.
Notwithstanding the foregoing, FOHES reserves the right not to
admit to the Facility at any Event (or sell Tickets for use by) any
child of seven years of age or under
9.4 Client Acknowledgments and Liability The Client
acknowledges and accepts that:
(a) motor racing, the relevant Event and certain activities
associated therewith (including, without limitation, support
races and support events and activities) are dangerous and
that some personal risk may be involved in attending the
Event and therefore attendance by a Client is entirely at its
own risk;
(b) the Client, to the fullest extent permitted by law hereby:
i. excludes, releases and forever discharges FOHES,
FIA, FOWC, FOM, the sporting organiser, the relevant
national sporting authority, the promoter of the
relevant Event, Formula One Licensing B.V., Formula
One Asset Management Limited, FOML and any other
persons or organisations involved in the organisation,
conduct and promotion of the Event (the “Indemnified
Parties”) from all liability for claims, loss (including,
without limitation, any indirect loss, consequential
loss or loss of profit), damage, injury, costs or
expenses whether in tort, contract or otherwise
arising from or connected with the Event including
without limitation any occurrence of fire or theft; and
ii. indemnifies and holds harmless and agrees to
keep indemnified and held harmless each of the
Indemnified Parties against any such claims, loss
(including any indirect loss, consequential loss or
loss of profit), damage, costs or expenses brought
by, or arising from any act or omission by it, save
that nothing in these conditions limits or excludes (A)
liability for death or personal injury arising out of the
negligence of any of the Indemnified Parties or (B)
any damage incurred by way of fraud or fraudulent
misrepresentation by any of the Indemnified Parties.
(c) Without prejudice to Clause 9.4(e), it is a condition of
admission to the relevant Event that each Client agrees that:
i. notwithstanding Clause 9.4(c)(ii), no Client shall
make, create, store, record or transmit any kind of
sound recording or visual or audio-visual footage
(“Recording”) including photographic images and any
still pictures derived or capable of being derived from
a Recording (“Image”) or store, record or transmit any
information or other data, including official timing,
results, performance, telemetry, weather or race
control data (“Data”) of, at or in relation to the Event
and Clients are forbidden from taking into the Facility
or pit lane walkabout any equipment that may enable
a person to carry out any of the aforementioned acts;
ii. personal electronic devices (including but not
limited to still image cameras, mobile telephones
and other personal communications devices) are
permitted within the Facility and during the pit lane walkabout unless otherwise advised, provided that
any Recording, Data or Image of the Event that is
recorded, stored and/or created thereon is used only
for the personal and private enjoyment of the Client
creating the Recording, Data or Image (which does not
include use in social media);
iii. the use of any such Recording, Data or Image for any
form of public advertisement, display, commercial
gain or for any other purpose (except for the noncommercial
use, private and personal enjoyment of
the Client (which does not include use in social media)
without the prior written consent of FOWC or FOM,
is strictly forbidden and shall constitute a breach of
these Terms and Conditions for which the Client may
be liable;
iv. upon the request of FOHES, FOWC or FOM, the Client
shall assign to FOWC in writing the copyright and
all other intellectual property rights in any Image or
Recording of the Event that is created and/or recorded
by the Client;
(d) FOHES reserves the right (exercisable in its absolute
discretion) not to allow personal electronic devices to be
taken into or used at or within the Facility or during any pit
walkabout;
(e) By purchasing a Ticket and/or by attending the relevant
Event each Client:
i. consents to the use by FOHES, FOML, FOWC, FOM
(and by any third party approved by FOHES, FOML,
FOWC or FOM) for the purposes of or in connection
with any publication, exhibition or broadcast (including
any advertising or promotional literature, campaign
or material) in any media worldwide and approved
by FOHES, of any still or moving image taken at the
Event, where such image includes any image of the
Client; and
ii. waives its personality rights to the extent necessary to
permit such use; and
iii. accepts the terms of the Privacy Policy set out in
Clause 22 of these Terms and Conditions.
(f) the Client unconditionally and irrevocably constitutes and
appoints FOHES as its attorney to do, perform and execute
all things and documents as may be necessary or desirable
to transfer or assign any rights in or to such still or moving
images, referred to in Clause 9.4(e) above, to give effect to
the same
9.5 Liability for loss or damage to Property
The Client acknowledges and accepts that:
(a) any property brought into the Facility or the Paddock Club™
Parking Area by the Client shall be at its own risk; and
(b) FOHES and its affiliates shall not be responsible for any
loss of or damage to, howsoever caused (including without
limitation any loss or damage caused by fire or theft), any
property of the Client or any property within the possession
of the Client which is lost or damaged within the Facility or the Paddock Club™ Parking Area
9.6 Additional Security Precautions
For reasons of security and safety, FOHES reserves the right in
its discretion to inspect any bag or other item which any person
wishes to bring in to or remove from the Facility, whether before,
during or after the relevant Event
9.7 Tickets Are Not Transferable
After entry to the Facility on a particular day, Tickets are not
transferable for that day.
9.8 Right to refuse Entry
(a) FOHES (or any person operating the Facility or any aspect
of the Facility for FOHES) may refuse entry to the Facility
to a Client where FOHES (or such person) regards it as
necessary or appropriate to do so on grounds of health,
safety, security or public order or where FOHES or such
person believes that the admission of that Client would be
materially prejudicial to any other person’s enjoyment of the
Facility
(b) Where a Client in possession of a valid Ticket is refused
entry to the Facility under this clause 9.8, FOHES may (in
its absolute discretion) issue a partial or full refund of the
cost of that Ticket to the Purchaser, in which case neither
FOHES nor any person operating the Facility or any aspect of
the Facility shall have any further obligation to the Client in
respect of the Client’s use or non-use of the Facility on the
day in question.
9.9 Smoking
At any Event FOHES may, subject to applicable laws, designate
one or more areas within the Facility at that Event as a smoking
area, which will be clearly marked as such. Smoking is not
permitted anywhere in the Facility outside of a designated
smoking area. This is a fundamental condition.
10. BREACH
10.1 Default
If a Client commits any breach of these Terms and Conditions,
then on the giving of notice by FOHES to the Client at any time
after the occurrence of such breach:
(a) that Client shall be deemed to have forfeited its rights but
not its obligations under these Terms and Conditions;
(b) FOHES will be free to cancel or re-sell any Ticket(s) held by
the Client who is in default;
c) FOHES shall be entitled to demand that the Client
unconditionally and irrevocably constitutes and appoints
FOHES as its attorney to do, perform and execute all things
and documents as may be necessary or desirable to transfer
or assign its rights, benefits and entitlements; and
(d) the forfeit of any monies pursuant to Clause
10.1(a) shall not preclude any other rights which FOHES may
have under these Terms and Conditions
10.2 Refund of Monies to Purchaser
Without prejudice to any liability of FOHES for death or personal
injury caused by FOHES’s negligence, if FOHES does not operate
the Facility, or no motor car race is held at the relevant circuit
during the Event Period, and as a consequence the Purchaser
does not use or receive any benefit whatsoever from the Facility
and services contemplated by these Terms and Conditions
during that Event Period, then upon request by the Purchaser
within 30 days following the final day of the Event Period
FOHES shall refund the Total Fee received by FOHES from the
Purchaser less a reasonable deduction for administration costs.
Notwithstanding the foregoing, FOHES shall have no liability
or obligation to the Purchaser in respect of the Facility or the
relevant Event as a result of the Facility not being operated or
no motor car race being held and FOHES shall be released and
discharged by the Purchaser from all claims and damages of
any kind
11. HOSPITALITY PASSES / SERVICE PASSES (WORKING ACCESS)
(a) Tickets or passes which are issued by FOHES and marked
with the words “Hospitality” (“Hospitality Pass”) or “Service”
(“Service Pass”) are (subject to Clause 11(b) below) not
transferable and are issued by FOHES (in its absolute
discretion) solely for the purpose of permitting the holder
of such a pass working access to and around areas within
the relevant Event specified by FOHES, on such conditions
as FOHES may determine from time to time including,
without limitation:
i. payment of a fee determined by FOHES; and
ii. on the condition that the holder of the pass agrees
not to access or remain in general admission areas,
grandstands, the pit walkabout areas, hospitality
areas or any restricted area, except as is strictly
necessary to fulfil the purpose for which the pass was
issued.
(b) FOHES reserves the right (exercisable in its absolute
discretion) to issue one or more Hospitality Passes and/or
Service Passes which are transferable for a particular Event
between persons specified or approved by FOHES subject to
such conditions as FOHES may (exercisable in its absolute
discretion) determine.
(c) Food and drink may not be consumed in the Formula One
Paddock Club™ by holders of Hospitality or Service Passes
without the prior written permission of FOHES who shall be
entitled to charge such sum as it sees fit.
(d) One Hospitality Pass or Service Pass will be issued by
FOHES to the Client per 25 Tickets booked by the Client
(whether achieved by way of coded permanent pass or by the
issue of a specific Hospitality Pass or Service Pass).
(e) FOHES reserves the right (exercisable in its absolute
discretion) to issue additional Hospitality Passes or Service
Passes or to code any permanent pass, and if so, to impose
such conditions as it deems necessary
(f) FOHES reserves the right to issue additional terms and
conditions which shall apply to conduct or behaviour of
persons holding Hospitality Passes or Service Passes at an Event and/or to the conditions of issue of such passes.
(g) In addition to the fulfilment of the obligations under this
Clause 11, holders of Hospitality Passes or Service Passes
shall comply in all respects with these Terms and Conditions
as if they were a Client.
12. PARKING
(a) For any Event, Paddock Club™ Parking Tickets are issued by
FOHES (in its absolute discretion). FOHES reserves the right
to restrict and refuse entry to the Paddock Club™ Parking
Area to any person not holding a Paddock Club™ Parking
Ticket. Paddock Club™ Parking Tickets do not permit the
parking of motor homes or caravans in the Paddock Club™
Parking Area. Motorbikes also require a Paddock Club™
Parking Ticket. Subject to prevailing weather conditions,
the Paddock Club™ Parking Area will be open from 07h00
to 19h00 during the three days of an Event unless otherwise
determined by FOHES. Paddock Club™ Parking Tickets
are issued by FOHES (in its absolute discretion) on such
conditions as FOHES may determine from time to time.
Purely as an indicative guide, the ratio used by FOHES is 1
Paddock Club™ Parking Ticket per 3 Tickets (for the same
day) (or in Monaco 1 Paddock Club™ Parking Ticket per 5
Tickets (for the same day). Additional charges will apply for
any additional Paddock Club™ Parking Tickets approved by
FOHES outside this ratio.
(b) Tickets or passes issued by FOHES and marked “Chauffeur”
pass are not transferable and are issued by FOHES (in its
absolute discretion) to holders of Paddock Club™ Parking
Tickets. The holder of a Chauffeur pass is entitled to access
the circuit and the Paddock Club™ Parking Area by vehicle
only when driving a vehicle displaying a valid Paddock Club™
Parking Ticket. The Chauffeur pass only entitles the holder
to stay within or in the vicinity of his/her vehicle within the
Paddock Club™ Parking Area during the opening hours of
the relevant Event for the relevant day.
13. DRESS/ETIQUETTE/NO PETS
(a) FOHES reserves the right to refuse or restrict entry to the
Facility, and may request the departure from the Facility of
any person FOHES deems to be dressed inappropriately or
not complying with these Terms and Conditions.
(b) Bringing firearms, weapons, or any item that might be used
as a weapon or compromise public safety into the Facility
is strictly prohibited. FOHES reserves the right to refuse
admission to, and to remove any person whom FOHES
deems to represent a security risk to the staging of the
Event, or who has in their possession a prohibited item.
(c) With the exception of assistance animals, no animals are
permitted within the Facility.
14. AMENDMENT/CONSENTS
No amendment or variation of these Terms and Conditions is
valid or binding on a party unless made or confirmed by FOHES
in writing.
15. NO WAIVER
No failure by FOHES to exercise or any delay in exercising any right, power or remedy by FOHES operates as a waiver of such
right. A single or partial exercise of any right, power or remedy
does not preclude any other or further exercise of that or any
other right, power or remedy. A waiver is not valid or bind
16. SPECIAL CONDITIONS
(a) FOHES reserves the right to require at any time that each
Client wishing to participate in any pit walkabout shall sign a
waiver and release of liability as a condition of being granted
access to the pit lane walkabout (and/ or such other areas
within the circuit as specified by FOHES).
(b) FOHES reserves the right to amend and/or issue additional
terms and conditions which shall apply to Clients at an Event
and/or to the conditions of sale of any Ticket in respect of
such Event and/or cancellation or refunds if applicable.
(c) The Client hereby grants to FOHES the right (exercisable in
its absolute discretion) to reproduce and use the name and/
or logo of any Client on signboards (or other advertising
devices) located within or around the Facility during the
relevant Event and in any advertising and promotional
material relating to the Facility
17. SEVERABILITY
Each of the provisions of these Terms and Conditions is
severable from the other(s). If any such provision or part thereof
is or becomes invalid, unenforceable or illegal in any respect,
such provision or part thereof shall, to the extent that such
term is invalid, be deemed not to form part of these Terms and
Conditions but the validity, unenforceability or legality of the
remaining provisions hereunder shall not in any way be affected
or impaired thereby.
Nothing in these Terms and Conditions
shall in any way limit or avoid FOHES’s liability for death or
personal injury caused by its negligence.
18. ASSIGNMENT
FOHES may assign its rights under these Terms and Conditions
to any third party and may perform its obligations under
these Terms and Conditions through any third party without
the consent of the Client. The rights of the Client under these
Terms and Conditions are personal to the Client and may not be
assigned or sub-licensed or otherwise transferred by the Client.
19. THIRD PARTY RIGHTS
The FIA, FOWC, FOM, FOML and the promoter of the relevant
Event may enforce the terms of Clauses 7(a), 7(b), 9.2 and 9.4
subject to and in accordance with the provisions of the Contracts
(Rights of Third Parties) Act 1999.
20. GOVERNING LAW
These Terms and Conditions and any dispute arising out of or in
connection with them shall be governed by the laws of England
and Wales and the parties hereby submit to the exclusive
jurisdiction of the English courts for the purpose of enforcing any
claim or dispute arising hereunder.
21. AUTHORISED SELLERS
a) It shall be the responsibility of any Seller representing or
holding itself out as an Authorised Seller to verify with FOHES that it is in fact an Authorised Seller.
(b) Authorised Sellers are independent entities and are not
agents of FOHES and have no authority to bind or commit
FOHES or otherwise act on FOHES’s behalf and FOHES.
shall have no responsibility or liability in respect of any
representations or statements made by Authorised Sellers
whether in relation to any Event, the Facility at the relevant
Event, these Terms and Conditions or otherwise in respect of any
acts or omissions of Authorised Sellers.
22. PRIVACY POLICY
In this policy, "we" and “our” means FOHES and "you" and
“your” means Client. We are committed to protecting and
respecting your privacy.
Consent
Your purchase and/or use of a Ticket and your attendance at the
relevant Event signifies your consent to our collecting and using
personal information about you in accordance with this
Privacy Policy.
What information do we collect? In the course of buying or using
a Ticket we will acquire certain personal information from you
from written information given to us by you, by an Authorised
Seller or by the person buying the Ticket on your behalf. We
may for example, keep a record of your name, mailing address,
email address, telephone number, gender and preferences. You
consent to the provision of such data to us from any person who
buys a Ticket on your behalf or from an Authorised Seller. How
do we use your information?
Any personal data relating to you will be used and recorded
by us in accordance with current data protection legislation
and this Privacy Policy. We may use your personal information
to communicate with you, such as to let you know about new
features or offerings from the Formula One Paddock Club™,
for record keeping purposes, and in aggregate (and therefore
anonymously) for market research and promotional purposes,
to publish trends and/or to improve quality and content of the
Formula One Paddock Club™ and for any other purpose that we
may notify to you from time to time.
We may also operate a mailing list to send you Formula One
Paddock Club™ related news. If you are an existing customer,
we will only contact you by electronic means (e-mail or SMS)
with information about goods and services similar to those which
were the subject of a previous sale to you.
Any mailing list that we keep will have an ‘opt out’ facility
whereby subscribers can ask not to be contacted in future. We do
not ‘spam’ and we currently do not share, licence or sell e-mail
addresses
We reserve the right to disclose your personal information to
our group companies, suppliers and service providers, anyone
who may take over the running of our business or who may
purchase any
or all of our assets including your personal information. We also
reserve the right to disclose your personal information to any law enforcement agency requesting it in connection with the
commission of any offence, once we are reasonably satisfied
as to the circumstances surrounding the request and to access
and disclose your personal information in order to comply with
applicable laws and lawful government requests, to operate
our business properly. Except as expressly stated in this Privacy
Policy, we will not sell, share, trade or licence your personal
information to others without your express consent.
Where we store your personal data
The data that we collect from you may be transferred to, and
stored at, a destination outside the European Economic Area
(“EEA”). It may also
be processed by staff operating outside the EEA who work for
us or for one of our group companies or service suppliers. Such
staff maybe engaged in, among other things, the fulfilment
of your order, the processing of your payment details and the
provision of support services. By submitting your personal data,
you agree to this transfer, storing or processing. We will take all
steps reasonably necessary to ensure that your data is treated
securely and in accordance with this privacy policy.
Any payment transactions will be encrypted.
Unfortunately, the transmission of information via the internet
is not completely secure. Although we will do our best to protect
your personal data, we cannot guarantee the security of your
data transmitted to our site; any transmission is at your own
risk. Once we have received your information, we will use strict
procedures and security features to try to prevent unauthorised
access.
Security
We take every precaution to protect your personal information.
In addition, we have strict security protocols in place to protect
our customer database from unauthorised access, improper
use or disclosure, unauthorised modification, and unlawful
destruction or accidental loss. We only allow access to the
customer database when absolutely necessary, and then under
strict guidelines as to what use may be made of such details. We
may ask you for proof of identity before disclosing any personal
information to you.
Surveys
We always aim to improve the services we offer. As a result
we may occasionally canvass our customers using surveys.
Participation in surveys is voluntary, and you are under no
obligation to reply to any survey you might receive from us.
Should you choose to do so, we will treat the information
you provide with the same high standard of care as all other
customer information.
Competitions
Your purchase of a Ticket or attendance at an Event may mean
that we occasionally contact you with the opportunity to enter
competitions. Entry to competitions is voluntary, and you are under no obligation to
take up an invitation from us to enter
Should you choose to enter a competition, we will treat the
information you provide with the same high standard of care as
all other customer information.
Unsubscribe
You may request that your personal information is not used for
competitions, surveys or marketing purposes. This is called
unsubscribing, and may be achieved by emailing us at info@
formulaonepaddockclub.com.
Correcting and Updating Personal Information If your personal
information changes, or if you believe that the personal data we
hold about you is incorrect, you may ask us to correct or update
the personal information held by us by sending an email to info@
formulaonepaddockclub.com.
Notification of Changes
We may occasionally modify our Privacy Policy, and when this
happens, we will notify you via email, SMS or by any other
reasonable method of communication.
Privacy Support
If you have any enquiry or concern about our privacy policy,
please email us at info@ formulaonepaddockclub.com