Camping F1 Ltd Terms and Conditions
1. Definitions and Interpretation
- a. "we", "us" and "our": Camping F1 Ltd, a limited liability company incorporated in England with registered number 06590611 and having its registered office at 4a, The Old Carthouses, Romsey, Hampshire, England, SO51 9LQ;
- b. "you" and "your": means any client who purchases goods or services from us;
- c. "Contract": the legally binding contract entered into by us with you, comprising these Conditions and any other written terms expressly incorporated in the contract by us as notified to you specifically or generally (including by way of content uploaded to our website) in writing, whether before or after the Contract is first entered into by us with you;
- d. "Conditions": these terms and conditions which are deemed incorporated in every Contract except if and to the extent we agree with you in writing any variation (which agreement may be given or withheld in our absolute discretion, and if given, may be on such conditions as we decide);
- e. "Fee": the fees, costs, expenses and other charges of whatever nature payable by you pursuant to these Conditions;
- f. "Force Majeure": has the meaning given to it in Condition 8;
- g. "Services": means the goods and services provided or to be provided by us under the Contract;
- h. SOGA 1982: the Sale of Goods and Services Act 1982 (as the same may be varied from time to time);
- i. "Website": https://campingf1.com or such other website as we may operate from time to time in connection with the Services;
- j. Unless the context otherwise requires, the singular shall include the plural and vice versa;
- k. Unless the context otherwise requires, a reference to one gender is a reference to all genders;
- l. A reference to "writing" or "written" includes fax, email and content uploaded by us or on our behalf to the Website;
- m. Condition headings shall not affect the interpretation of these conditions;
- n. References to Conditions are to provisions of these terms and conditions;
- o. Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; and
- p. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
2. Formation of Contract
- 2.1. These Conditions, and any other terms validly incorporated by us in the Contract, prevail of any terms implied by trade custom, practice or course of dealing;
- 2.2. The Contract only comes into existence when we have confirmed to you in writing that we have accepted your offer to purchase the Services. All prior communications (including any tender of payment by you prior to our formal confirmation) constitutes an invitation to tender only.
- 2.3. Where our confirmation of acceptance of your offer is conditional upon any future payment of any sum, then the Contract only becomes binding upon us at the time of receipt by us (or into a bank account nominated by us for the purpose of receipt) of that payment made by you. Any purported condition attached by you to such payment shall be of no effect, which we will be entitled to treat any payment to us in cleared funds as paid to us unconditionally in all circumstances.
- 2.4. Notwithstanding the foregoing, if in our discretion begin to provide the Services in advance of being paid, then the Contract shall come into force when we first begin to provide the Services and your obligation to make payment shall nevertheless remain unaffected.
- 2.5. The non refundable service fee you pay is used towards costs incurred by us for paying service charges to suppliers, administration of your contract and all the associated communication and provision we provide. The service fee may differ according to the event.
3. Provision of Services
- 3.1. We shall provide the Services in all material respects using all reasonable skill and care.
- 3.2. The terms implied by sections 3 to 5 of the SOGA 1982 are, to the fullest extent permitted by law, excluded from the Contract.
- 3.3. Our employees or agents are not authorised to make any representations concerning the Services unless confirmed by us in writing.
- 3.4. No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy or completeness of any of the material or information contained on this website or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf. We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this website including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in this website or any inability to access or use (or delay in doing so) this website.
4. Fees and interest on late payment
- 4.1. All Fees are due and payable in full without deduction or set off on the date(s) specified in the Contract.
- 4.2. If any Fees are not paid on due date, without prejudice to our other remedies at law or under this Contract, we reserve the right to suspend provision of the Services in whole or in part until payment has been made in full (including any accrued but unpaid interest in respect of the overdue payment).
- 4.3. Prices are, unless otherwise expressly stated, inclusive of VAT and all sales or equivalent taxes.
- 4.4. Interest is payable on all overdue sums at the rate of 8% per annum on the overdue amount from the due date to date of payment (both dates inclusive) unless we, in our discretion agree to waive all or any proportion of the interest otherwise due.
- 4.5. If any payment due to us is not paid within [30] days of its due date, we shall be entitled to treat that as an irremediable material breach of the Contract entitling us to terminate the Contract.
- 4.6. Prices agreed at the commencement of the Contract are valid for [12] months unless otherwise specified.
- 4.7. A damage or security deposit is required on all equipment payable on arrival. This monetary amount is returnable before you exit the campsite provided that no damage has been caused by the occupants. This amount will not exceed £150 (or €200 in respect of events held outside the United Kingdom) per pitch or per hired tent.
5. Limits of Liability
- 5.1. In the event of any fault or defect arising in the Services, we shall have the right to remedy such fault where possible by re¬supplying the Services. In the event that you do not advise us of any defect in the Services within 30 days after completion of the Services or the provision or delivery of the relevant part of the Services, you shall be deemed to have accepted the Services or part thereof.
- 5.2. We shall not be liable to you for indirect or consequential losses or loss of profits arising from any delay or failure by us in the provision of the Services (and whether in contract, tort, including negligence, or otherwise.
- 5.3. Our maximum liability to you under the Contract (save in respect of death or personal injury or death) shall not in any circumstances exceed the Fees actually paid by you in respect of the Services provided or to be provided under that Contract.
- 5.4. Save in respect of death and personal injury caused by any of our employees, you will make any claim you may have arising in relation to this contract against us, whether it be in respect of contract, tort (including negligence) or breach of statutory duty and you unconditionally and irrevocably waive any such claim that you may have in respect of such matters against any of our employees.
- 5.5. The provisions of this Condition 5 shall remain in full force and effect after termination of the Contract for whatever reason.
6. Rights to Cancel (contractual)
- 6.1. You may cancel the Contract in so far as it relates to the provision of camping facilities by serving notice on us in writing at least 45 days before the booking arrival date. You will be entitled to a 25% rebate of total Fees payable under the Contract but will remain liable to pay the remaining 75%, including the non-refundable service fee, in accordance with the terms of the Contract.
- 6.2. In no circumstances shall we be liable to reimburse any amounts charged to clients for race tickets which we have booked pursuant to the Contract.
- 6.3. Any rebate will be offset first against any Fees not yet received, with any surplus credited against amounts received by us prior to the date of cancellation
7. Rights to cancel (statutory)
Please Note that by the very nature of the event for which we are providing services, you do not have any right to cancel this contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8. Force Majeure
- 8.1. Subject to Condition 8.2, we shall not be regarded as in breach of our Contract with you if our failure to perform in accordance with the Contract terms is as a result of a circumstance beyond our reasonable control (Force Majeure). This includes disease, accident, breakdown of plant and machinery, fire, extreme adverse weather, strikes, default of suppliers and subcontractors, terrorism, civil unrest, and compliance with any laws or regulations coming into force after commencement of the Contract. If the Force Majeure continues for a period of [one week or more] we shall be entitled, acting reasonably, to take such steps to provide alternative Services to alleviate the situation or, if this is not possible, to elect to terminate the Contract, without either party sustaining any financial liability to the other except that you shall remain liable to pay all outstanding Fees and disbursements due to us for Services provided to you up to the date of termination.
- 8.2. Notwithstanding the provisions of Condition 8.1, if the Event, for which you have booked accommodation, is cancelled for any reason whatsoever before its scheduled date, (which occurrence shall be deemed an event of Force Majeure) then we shall be entitled, as an alternative to cancelling the Contract, to issue you with a credit note that can be redeemed at any other F1 event for which we have a camping facility. This credit note will be redeemable for up to 2 years from the date the credit note is issued.
9. Amendment of pre-Contract offer terms
- 9.1. We reserve the right, at any time before a binding Contract is entered into, to change featured tents and any and any of the services contained within our offers without further notice.
- 9.2. We use our reasonable endeavours to publish details of all such changes on our Website at least [2 weeks] before the change is to take effect, and such changes shall be deemed to have been accepted by you at the end of that period after which time such changes shall be deemed incorporated in any Contract in respect of which we have, in accordance with Condition 2.2, confirmed acceptance of your offer made prior to the Website publication.
10. Subcontracting
We reserve the right to subcontract all or any part of the provision of Services under our Contract with you to subcontractors of our choice, but we shall remain liable for our obligations under that Subcontract.
11. Third Parties
Neither we nor you intend that any of terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it (other than our employees who shall be entitled to enforce the provisions of Condition 5.3) this shall not affect any right or remedy of a third party that exists or is available apart from that Act.
12. Data Protection
The Website includes a page which sets out our policies as regards personal data relating to clients. This explains in more detail why we need to collect personal data, what we will do with it and who we are going to share it with.
13. Severability
If any term of the Contract (including these Conditions) shall be held to be invalid, illegal or unenforceable, the remaining terms shall remain in full force and effect and such invalid, illegal or unenforceable term shall be deemed severed from, and not ever to have been, part of the Contract.
14. Governing law and jurisdiction
The terms and conditions of the Contract are be governed by, and construed in accordance with, the laws of England and we and you shall submit to the exclusive jurisdiction of the English Courts.
All exclusions of liability apply only to the extent permitted by law.
Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this website and/or any services offered by us or on our behalf.