LAND ROVER EXPERIENCE TERMS AND CONDITIONS
THIS IS AN IMPORTANT DOCUMENT, WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. READ IT CAREFULLY AND DO NOT ACCEPT UNLESS YOU ARE SATISFIED THAT YOU UNDERSTAND IT. THESE TERMS AND CONDITIONS ("TERMS") APPLY TO ALL GUESTS PARTICIPATING IN A JAGUAR LAND ROVER EXPERIENCE (“LAND ROVER EXPERIENCE” OR “JAGUAR EXPERIENCE” herein after referred to as the "EXPERIENCE"). By booking an EXPERIENCE via the online booking system, otherwise confirming your acceptance of the terms on attending and participating in the experience, you agree to be bound by the terms. Please read the terms carefully and raise any questions you may have before you make your booking.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
a. We are Jaguar Land Rover South Africa Proprietary Limited, (“Jaguar Land Rover”) with offices located at Route 21 Corporate Park, 28 Victoria Link, Irene, Pretoria, 0062
b. You can contact us by telephoning our customer service team or writing to us using the contact details associated with the relevant Jaguar Land Rover Experience Centre ("Experience Centre") at www.landrover.co.za/experience and www.jaguar.co.za/experience
c. If we must contact you, we will do so by telephone or by writing to you at the email or mailing address you provided to us at the time of booking.
2. EXPERIENCES
a. The Experience involves driving in exceptional circumstances, where there are inherent risks of damage to both you and your property.
b. This document contains
(i) pre-conditions (clause 15) and
(ii) physical conditions (clause 16) and
(iii) minor’s conditions (clause 17) with which you must confirm you comply prior to booking an Experience and general terms to which you must agree in order to participate in the Experience.
3. OUR CONTRACT WITH YOU
a. Our acceptance of your booking will take place when we email you a booking confirmation, at which point a contract will come into existence between you and us. The terms of that contract are the Terms set out here together with the terms of your booking confirmation.
b. If we are unable to accept your booking, we will inform you of this and will not charge you for the Experience. This might be because the Experience is unavailable, because we have identified an error in the price or description of the Experience or because we are unable to meet your specified requirements.
c. We will assign a booking reference to your booking and tell you what that is when we send you your booking confirmation. It will help us if you can tell us that booking reference whenever you contact us about your booking.
d. These Terms apply solely for the provision of an Experience by us in the Republic of South Africa (“RSA”) and our Territorial inclusions of Angola, Namibia, Ghana, Nigeria, Ivory Coast, Senegal, Botswana, Zimbabwe, Zambia, Mozambique, Mauritius, Kenya and Tanzania.
e. We may transfer our rights and obligations under these Terms to a third party without your prior approval.
f. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
g. The Terms herein apply mutatis mutandis in respect of Pro Divers SA Proprietary Limited and Excellect 37 CC the licensed operators and service providers of the Experience, owned and operated independently and Jaguar Land Rover South Africa Proprietary Limited and Jaguar Land Rover Limited (collectively referred to as “JLR”).
h. This contract is between you and JLR. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to terminate the contract or make any changes to these terms.
i. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
4. DELIVERY OF EXPERIENCE
a. We will provide the Experience to you at the date and time and at the Experience Centre specified in your booking confirmation.
b. We will provide an Experience vehicle to you for the use on driver training day/s only if booked prior to the Experience day.
c. Where the Experience booked is purchased through a gift voucher, the booking must be attended within thirty-six (36) months of the original voucher purchase date. The gift voucher must be presented on arrival at the relevant Experience Centre.
d. The Original Gift Voucher must be presented in order to honour your booking. Jaguar Land Rover will not accept copies or any alterations, amendments or changes to the original gift voucher.
5. IF THERE IS A PROBLEM WITH THE EXPERIENCE
a. If you have any questions or complaints about your booking, an Experience or these Terms, please contact us. You can telephone or email our customer services team using the number or email address specified on your booking confirmation.
6. BOOKING ON BEHALF OF OTHERS
a. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your booking. b. By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking.
ALS booking for any of the reasons set out below and where you do so the contract between us will end immediately and we will refund you in full for the relevant Experience (Subject to clause 8 c.):
I. we have told you about an error in the price or description of the Experience you have booked, and you do not wish to proceed;
II. there is a risk that we cannot provide the Experience or part of the Experience in accordance with your booking because of events beyond our control; or
III. we have suspended offering the Experience for technical reasons or we notify you that we are going to suspend the Experience.
b. To cancel your booking with us, please contact the Jaguar Land Rover Experience centre using the number or email address specified on your booking confirmation. You will need to provide your name, booking reference, address and details of the booking.
c. Cancellations for an individual booking of an Experience must occur at least 48 (Forty-Eight) working hours prior to the scheduled Experience for a full refund. If you cancel your booking with less than 48 (Forty-Eight) working hours prior to the Experience, you are not entitled to any refund.
7. CHANGES TO BOOKINGS
a. If you wish to make a change to a booking you have made please contact us. We will let you know if the change is possible and, if it is possible, we will let you know whether this causes any change to the price or timing of the Experience or anything else which may be necessary as a result of your requested change and ask you to confirm whether you wish to proceed.
8. YOUR RIGHTS TO CANCEL AN INDIVIDUALS BOOKING
a. You may cancel the INDIVIDUALS booking for any of the reasons set out below and where you do so the contract between us will end immediately and we will refund you in full for the relevant Experience (Subject to clause 8 c.):
I. we have told you about an error in the price or description of the Experience you have booked, and you do not wish to proceed;
II. there is a risk that we cannot provide the Experience or part of the Experience in accordance with your booking because of events beyond our control; or
III. we have suspended offering the Experience for technical reasons or we notify you that we are going to suspend the Experience.
b. To cancel your booking with us, please contact the Jaguar Land Rover Experience centre using the number or email address specified on your booking confirmation. You will need to provide your name, booking reference, address and details of the booking.
c. Cancellations for an individual booking of an Experience must occur at least 48 (Forty-Eight) working hours prior to the scheduled Experience for a full refund. If you cancel your booking with less than 48 (Forty-Eight) working hours prior to the Experience, you are not entitled to any refund.
9. OUR RIGHTS TO CANCEL AN INDIVIDUALS BOOKING
a. We may cancel a booking and offer an opportunity to re-book at any time by writing to you if:
I. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with the Experience; or
II. we are unable, for reasons beyond our control, to fulfil your booking and provide you with the relevant Experience.
III. we deem the driving conditions on the specific day of the Experience to be unsafe due to adverse weather conditions.
10. GROUP/EVENT BOOKINGS
a. If you are an individual or an organization and/or wish to make a group or event booking (any Experience with 4 (Four) or more guests) ("Experience Event"), we will provide you with a quotation for the cost of such Experience Event based on the number of participants and any other relevant information you have provided.
b. On receipt of your written acceptance of a quotation, we will send you written confirmation of your booking, together with an invoice for the Experience Event, to be paid in accordance with the payment schedule contained in the quotation. No dates will be confirmed for any Experience Event until we receive your written acceptance.
c. When we receive your written acceptance of the terms for the Experience Event, the parties will be subject to a binding agreement.
d. We will assign a booking reference to your booking and tell you what that is when we send you your booking confirmation. It will help us if you can tell us that booking reference whenever you contact us about your booking.
e. Any itineraries provided as part of your booking confirmation are approximate only and times may vary on the day.
f. Vehicles are subject to availability and we reserve the right to change models from those previously communicated to support the Experience on the day.
11. YOUR RIGHTS TO CANCEL A GROUP/EVENT BOOKING
a. If you decide to cancel the GROUP/EVENT booking, we will issue you a refund in accordance with the refund schedule below, less any third party costs we have already incurred in relation to the GROUP/EVENT booking, including, but not limited to, any reservations for hotels, restaurants, venue hire, instructors fees and expenses relating to our personnel costs:
I. 31 days or more prior to the event day: Full refund (subject to Clause 11 a.)
II. 15-30 days prior to the event day: 50% refund (subject to Clause 11 a.)
III. 0-14 days prior to the event day: No refund
12. OUR RIGHTS TO CANCEL A GROUP/EVENT BOOKING
a. We may cancel a booking and offer an opportunity to re-book at any time by writing to you if:
I. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with the Experience; or
II. we are unable, for reasons beyond our control, to fulfil your booking and provide you with the relevant Experience. iii. we deem the driving conditions on the specific day of the Experience to be unsafe due to adverse weather conditions.
13. OUR RIGHTS TO POSTPONE A GROUP/EVENT BOOKING OR AN INDIVIDUALS BOOKING
a. Postponement due to weather or reasons beyond our control: If we decide to postpone the GROUP/EVENT or INDIVIDUAL booking, we will issue you a refund in accordance with the refund schedule below (i), less any third party costs we have already incurred in relation to the Experience Event, including, but not limited to, any reservations for hotels, restaurants, venue hire, instructor fees and expenses relating to our personnel costs:
I. 0 - 2 days prior to the Experience Event Refund subject to Clause 13 a.
14. PRICE AND PAYMENT
a. The price of the Experience (which excludes sales tax) is the price indicated on the Experience order pages at the time of your booking.
b. We accept ONLINE payments by all major credit and debit cards (e.g., Visa, MasterCard).
c. All payments must be made in full at the time of booking, when making a booking for a group/event - 6 (six) or more guests please refer to clause 15 below.
d. We utilize the services of Checkfront and Payfast regarding payment services via the Internet. You expressly agree to Checkfront and Payfast handling the payment transaction, your card details and any other information necessary for such payment transaction for the reservation for the Experience to be executed by Checkfront and Payfast (including, without limitation, fraud prevention). Payfast is certified by banks and card acquirers to securely manage payment transactions. All communication between the Jaguar Land Rover website and your bank is handled by Payfast and encrypted via SSL (Secure Sockets Layer).
e. We are a cash free facility and no cash is accepted
15. PRE-CONDITIONS FOR PARTICIPATION IN AN EXPERIENCE
a. While JLR employ reasonable efforts to ensure the safety during the Experience, by accepting the Terms or attending the Experience you expressly accept the risks inherent in the Experience and hereby indemnify JLR and hold it harmless against:
I. any claim, damages or loss whatsoever which the Experience may suffer as a result of or in connection with my attendance at or participation in the Experience, howsoever caused;
II. any claims for damages or loss instituted by any third parties as a result of or in connection with my attendance at or participation in the Experience.
b. If utilising a Jaguar Land Rover vehicle, all drivers must possess a valid driver’s license and be at least 23 (twenty-three) years of age. You must bring your original license with you on the day of the Experience (photocopies will not be accepted). No license no drive.
c. If utilising your own vehicle, you must possess a valid driver’s license and be at least 18 (eighteen) years of age. You must bring your original license with you on the day of the Experience (photocopies will not be accepted). No license no drive.
d. If your driver’s license was issued outside of the RSA, you must bring your foreign driver’s license with you on the day of the Experience and you may be required to provide additional information regarding your license and/or complete additional documentation.
e. For passengers attending any experience under 18 years of age, a parent or guardian of the minor must comply with terms of Clause 17
f. Driver training is conducted in your personal Land Rover or Jaguar vehicle, should you not drive a Land Rover or Jaguar Vehicle you are required to reserve a vehicle at the time of making your Training booking.
g. By making use of your personal vehicle on a training day/s you confirm that your vehicle is compressively insured and permission from your insurer has been granted to you for use on closed circuits and off-road tracks.
h. By making use of your personal vehicle on a training day/s you confirm that your vehicle has been maintained in accordance to the manufacturing standards and that your vehicle complies with Republic of South Africa; National Road Traffic act and regulations.
16. YOUR PHYSICAL CONDITIONS FOR PARTICIPATION IN AN EXPERIENCE
a. By participating in the Experience, you agree that:
I. you do not know of any circumstances which would disqualify you from driving;
II. you are not currently suffering from any physical or mental condition which would restrict or impair your alertness or driving ability and of which you have not informed us; and
III. your eyesight meets the standard required for driving.
IV. you have not consumed any alcohol before attending your experience.
V. The course may be unsuitable and therefore not recommended for those who suffer from back problems, neck problems, heart conditions (or any other similar conditions). It may also be unsuitable for those who are pregnant.
VI. If you suffer from any disability that could impair your access to the facilities and/or vehicles used in the Experience, you will inform us prior to attending the Experience so that we can make any required and available adjustments.
17. CONDITIONS FOR MINORS (under the age of 18, eighteen) PARTICIPATION IN AN EXPERIENCE
a. Any minor attending an Experience must be accompanied by a parent or guardian and such parent or guardian agrees to be responsible for the child and ensure that they comply with these terms.
b. Children must always be accompanied by a parent or guardian over the age of 21.
c. Any activities for non-participating children and families at our Experience Centres, Children must always be supervised by a parent or guardian and shall always remain the responsibility of their parent or guardian.
d. We regret no participation of any minors as a passenger on closed circuits.
e. We regret that no minor may not drive in a Jaguar F-Type
f. We regret that no minor may sit in the front passenger seat of any vehicle during an Experience.
g. Children under a height of 135cm must be seated in an appropriate child car seat/booster.
h. Children must be seated in the vehicle in an appropriate child car seat/booster seat for their age and height as required by law, the provision and fitting of which shall be the sole responsibility of the parent/guardian.
18. ANIMALS
a. Pets or animals of any nature are expressly prohibited at any Experience Centre (except for service dogs, hearing dogs and registered assistance dogs) and, for the avoidance of doubt, should not be left in any vehicle parked at the Experience Centre. We reserve the right to contact any relevant authority to make and be responsible for any decision in relation to any animals that are left unsupervised or that are found to be in distress.
19. YOUR OBLIGATIONS
You agree that:
a. While attending the Experience, you will always follow all lawful instructions and any other relevant rules notified to you.
b. You will not at any time while attending the Experience be under the influence of alcohol or any drugs, which may impair your alertness, and driving ability and you will behave in a safe, appropriate and prudent manner.
c. You will always exercise the necessary and high degree of care and attention while participating in the Experience.
d. You will be responsible for the safekeeping of any property you take with you on the Experience. Jaguar Land Rover will not be responsible for any property left at the Experience Centre while you are participating in any events at the Experience.
e. You will always wear your seatbelt. f. You will be responsible for any speeding and parking fines incurred while driving the vehicle and subject to all applicable motor vehicle laws and regulations.
g. At any time, you may withdraw from participating in the Experience, in which event you must notify an instructor on site who will arrange or give you directions for your safe departure from the site.
h. You and any guest joining you agree to undergo an Alcohol Breatherlizers test on the day should you be requested, should the test show any evidence of alcohol we reserve the right to withdraw your participation on the day.
i. You and any guest joining you agree to complete and sign the Jaguar Land Rover disclaimer on the day of attendance. Failure to sign the Jaguar Land Rover Disclaimer on the day we cannot permit you to participate in the Experience and no refund would be granted.
20. HOW WE MAY USE YOUR PERSONAL INFORMATION
a. ‘Personal Information’ means the term as defined in the Protection of Personal Information Act, Act 4 of 2013 (“POPI”) and includes ‘Special Personal Information’ as defined in POPI. The term ‘processing’ is also used as defined in POPI.
b. You hereby give Jaguar Land Rover your consent to use your personal information and other information that you provide in accordance with Jaguar Land Rover’s Privacy Policy available at https://www.jaguar.co.za and https://www.landrover.co.za
c. Jaguar Land Rover may share your personal information and other information with its affiliates and service providers, including Jaguar Land Rover’s retailers and Checkfront and Payfast, for the purposes set forth in these Terms and as permitted in Jaguar Land Rover’s Privacy Policy.
d. You can opt out of receiving marketing information from Jaguar Land Rover at any time by following the directions in Jaguar Land Rover’s Privacy Policy or “opting out” of any email marketing communication that you may receive.
e. We will not sell or rent your information to any third party, but we will use your information to communicate with you and to provide the services requested in connection with the Experience. You may opt out of any future contact from the Experience at any time by contacting the Experience centre or Jaguar Land Rover.
f. Any personal information, which you provide to Checkfront and Payfast in connection with the booking for any Experience is the responsibility of Checkfront and Payfast and is subject to separate privacy policies available at:
i. https://www.checkfront.com/privacy II. https://www.payfast.co.za/end-user-agreement/ III. https://www.payfast.co.za/privacy-policy/