Terms and conditions
TERMS AND CONDITIONS FOR THE PURCHASE OF AN F1 EXPERIENCES PACKAGE
1. THESE TERMS AND CONDITIONS
a. Please read the following terms and conditions carefully before you submit your order for a Formula One event and travel package (the “Package”).
b. These are the terms and conditions on which we will supply the Package to you (“you,” “your” and the “Purchaser”), and by submitting your order for a Package, you agree to all these terms and conditions (the “Agreement”).
c. Please note that certain of the terms and conditions may be different if you are a consumer located in certain geographic locations. Further detail, including the relevant differences, are set out in Schedule 1.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
a. We are QuintEvents International, LLC (d/b/a F1 Experiences), a limited liability company
organized under the laws of the State of Delaware, U.S.A., whose registered office is at 9300 Harris Corners Parkway, Suite 120, Charlotte, North Carolina 28269 (“F1 Experiences”). QuintEvents International, LLC operates F1 Experiences and offers Packages for sale under license.
b. You can contact us by telephoning our customer service team at 888-326-5430 or by writing to us at email@example.com If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
a. Our acceptance of your order for a Package will take place when we email you to accept your order, confirm payment has been received and provide you with details of the Package.
b. We do not guarantee, and shall not be obligated to provide, the Package as set forth in the description when you placed your order, or any portion of the Package or any services in connection with the Package, to you unless and until (i) F1 Experiences receives full and timely payment in accordance with this Agreement, (ii) F1 Experiences confirms to you that such payment has been received, and (iii) F1 Experiences confirms the Package details to you.
c. If we are unable to accept your order for a Package, we will inform you of this and will not charge you for the Package. This may be because the Package selected is out of stock, we have identified an error in the price or description of the Package, or we have not received payment from you for the Package within the time period specified when you placed your order.
4. PRICE AND PAYMENT
a. The price of the Package will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Package advised to you is correct; however, please see Section 4.b for what happens if we discover an error in the price of the Package you order.
b. It is possible that, despite our best efforts, some of the Packages we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Package’s correct price on your order date is less than our stated price on your order date, we will charge the lower amount. If the Package’s correct price on your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the Agreement, refund you any sums you have paid and not provide the Package ordered by you.
c. You must make payment of the price for the Package within the time period stated in the description when placing your order or, if no time period is specified, within 5 days of your order.
Time is of the essence of all payments due under this Agreement, and if we do not receive payment within the time period specified we may cancel your order and terminate this Agreement.
d. All payments are non-refundable (except as set out in Section 11.1 and Schedule 1 (if applicable)) and may only be made via (i) ACH or wire transfer to the following accounts:
USD: QuintEvents International, LLC, Bank: Wells Fargo, ABA #121000248, Account #8981725784, International SWIFT BIC #WFBIUS6S.
EUR: EURMCA QuintEvents International, LLC, Bank: Wells Fargo Bank,
IBAN: GB20PNBP16567188004336; Swift Code: PNBPGB2L
GBP: GBPMCA QuintEvents International, LLC, Bank: Wells Fargo Bank,
IBAN: GB20PNBP16567188004335; Swift Code: PNBPGB2L
Customer is responsible for all electronic payment fees; (ii) personal or corporate check made payable to QuintEvents International, LLC and delivered to the address listed at the top of this Agreement; or (iii) credit card (Visa, MasterCard, American Express and Discover are accepted).
e. Any amounts payable to F1 Experiences hereunder which are not paid when due shall thereafter bear interest at the rate of 1.5% per month or the maximum amount permitted by applicable law, whichever is less. In the event any payment due F1 Experiences is collected at law, or through an attorney-at-law or under advice therefrom, or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and attorneys’ fees.
5. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that you shall not acquire any proprietary or other rights in or to use the QuintEvents International Trademarks, F1 Experiences Trademarks or Formula One Trademarks (each as defined below) by virtue of purchasing a Package or entering into this Agreement. Neither you nor any party shall use or display any F1 Experiences or Formula One Trademarks, including, without limitation, using the F1 Experiences or Formula One Trademarks or any reproduction thereof in any promotional materials (including any materials published on the internet) related to this Agreement.
b. Under no circumstances shall you be entitled to produce merchandise bearing the F1 Experiences or Formula One Trademarks.
c. Nothing in this Section shall limit your ability to purchase officially licensed products bearing the F1 Experiences or Formula One Trademarks.
d. For the purposes of this Agreement, “QuintEvents International Trademarks”, “F1 Experiences Trademarks” or “Formula One Trademarks” means the names, symbols, emblems, designs, and colors of QuintEvents International, F1 Experiences or Formula One and their affiliates, respectively, including, without limitation, the terms “QuintEvents International”, “F1 Experiences” or “Formula One”, as applicable.
6. ADMITTANCE INTO EVENTS, TRAVEL AND ACCOMMODATION
a.F1 Experiences reserves the right to refuse or revoke the admittance (with no refund) to any event described in the Package for any person who acts in a disorderly or disruptive manner as determined by event officials or F1 Experiences officials and/or to refuse or revoke the use of any other privileges granted in this Agreement due to such conduct.
b. All terms and conditions set forth with respect to the race tickets, event tickets, credentials, transport and lodging accommodations provided by third party suppliers (“Third Party Terms”) pursuant to this Agreement shall apply to and be binding on you. You agree that you will comply with such Third-Party Terms. We shall not be responsible or liable to you for any refusal by a third-party supplier to provide any element of the Package to you that results from your failure to comply with any Third-Party Terms.
7. SALE OF PACKAGES TO A THIRD PARTY
a. This Agreement is between you and F1 Experiences, and you may only transfer your rights or obligations under the Agreement to another person if we agree to this in advance and in writing. You shall not, without the prior written consent of F1 Experiences (which consent F1 Experiences may grant or decline to grant in its sole discretion):
i. use for onward distribution or sale all or any portion of the Package items to any person or entity;
ii. use the Package in relation to any competitions, lottery, premiums, giveaways, advertising or consumer or trade promotions of any kind; or
iii. market, include or bundle the Package with any other incentive, package, reward, benefit, product or offering of any kind.
b. In the event that you breach this covenant (as set out in Section 7.a) and market, resell or transfer all or any portion of the Package to a third party without F1 Experiences’ prior written consent, F1 Experiences, without limiting its right to pursue any other remedies available to it, may retain all amounts paid by you to F1 Experiences for the Package, and F1 Experiences shall not be obligated to provide any of the contents of the Package to you (or any third party sold the Package by you in breach of this Section 7), including, without limitation, any tickets to the Formula 1 racing events.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
a. You acknowledge and agree that F1 Experiences is making arrangements on your behalf and that F1 Experiences does not have any control over the supply those elements of the Package that are to be provided by third parties. F1 Experiences accepts liability in accordance with the following provisions only in respect for a breach of this Agreement by F1 Experience. F1 Experiences shall have no liability to you for the quality of services provided by third parties in connection with the Package.
b. At the time of purchase, seat locations and hotel assignments may be made within specific zones or categories of like nature, quality, location, and kind, and may not include identification of actual seats (i.e., row and seat number within a specified section or portion of a section) or hotel rooms (i.e., “Double-Double” or “King” room type). Such actual identification will be prioritized on a first come, first-served basis. You are responsible for registering all your guests at the hotels specified in the description of the Package (provided when submitting an order) unless otherwise specifically agreed in writing by F1 Experiences. Individual guests at the hotels will be responsible for all incidental hotel expenses, except for room rate and associated room rate taxes explicitly stated to be included within the Package ordered.
c. F1 EXPERIENCES, ITS SALES AGENTS, AND FORMULA ONE AND EACH OF THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EQUITY HOLDERS, EMPLOYEES, SPONSORS AND LICENSEES (COLLECTIVELY, THE “F1 EXPERIENCES ENTITIES”) SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF PURCHASER OR PURCHASER’S EMPLOYEES, HEIRS, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS USING ANY PART OF THE PACKAGE RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THEFT AND VANDALISM. THE F1 EXPERIENCES ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
9. YOUR RESPONSIBILITY FOR TICKETS AND ENTRY DETAILS
Tickets and entry details for any part of the Package are your responsibility once provided to you by F1 Experiences. F1 Experiences is not responsible for lost, stolen or destroyed tickets for any part of the Package once in your possession. Lost, stolen or destroyed tickets, counterfeit tickets, or tickets sold in violation of any applicable law or this Agreement will not be honoured.
10. REFUNDS AND CANCELLATION
Once you place your order, you cannot cancel such order except as set out in this Agreement. You acknowledge and agree that ALL MONIES PAID ARE NON-REFUNDABLE except as set out in Section 11.a and Schedule 1 (if applicable).
11. EVENTS OUTSIDE OF OUR CONTROL
You shall not be entitled to a refund of any portion of the price for the Package in the event (a) the Formula One race or any other event described herein or a part of any Package is cancelled, postponed, delayed or rescheduled due to weather, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to F1 Experiences’ workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, or any other circumstances beyond the reasonable control of F1 Experiences (each a “Force Majeure Event”), or (b) any element of the Package is not available due to a Force Majeure Event. F1 Experiences shall be fully excused for any delay or inability to perform due to the occurrence of any such Force Majeure Event.
a. Notwithstanding the foregoing, in the event any Force Majeure Event occurs, F1 Experiences shall make reasonable efforts to recover costs paid by it to third parties for elements included in the Package. In the event F1 Experiences is successful in recovering any such costs or in obtaining the Package elements at a different time at no additional expense, F1 Experiences will reimburse a proportionate share of such recovered costs to you or deliver such available Package elements to you, as applicable.
12. YOUR LIABILITY TO US
You will indemnify, hold harmless and defend the F1 Experiences Entities from and against any liabilities, obligations, damages, losses, claims, demands, recoveries, settlements, deficiencies, costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) which the F1 Experiences Entities (or any of them) may suffer or incur in connection with, resulting from or arising out of your (including any subcontractors hired by you and each of their employees, heirs, successors, assigns, agents, representatives, guests or invitees) (a) attendance at the events that are the subject of this Agreement and included in the Package; (b) breach of any of your representations, warranties, covenants or obligations contained in this Agreement;
(c) noncompliance with any applicable federal, state, or local laws or regulations; (d) wilful misconduct or negligence; or (e) performance under this Agreement, including, without limitation, any claims arising from or related to the sale, offering for sale, or distribution of alcoholic beverages. You further expressly agree that it is the intent hereof that you shall assume all risk of such loss, damage or injuries, and shall absolve and indemnify the F1 Experiences Entities therefrom whether or not such loss, damage or injuries are due to the sole or joint negligence of us or our employees or customers.
13. OTHER IMPORTANT TERMS
a. This Agreement represents the entire agreement between F1 Experiences and you and supersedes all previous agreements, communications, and understandings, whether written or oral, between us with respect to the Package; provided, the foregoing is not intended to abrogate any agreement entered into by the parties with or after this Agreement. Terms contained in proposals or other documents submitted in connection with this Agreement are expressly rejected.
b. If we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Package, we can still require you to make the payment at a later date.
c. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
d. This Agreement shall be governed and construed in accordance with the laws of the State of New York, U.S.A., without respect to principles of choice or conflict of laws (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.
e. In the event of a dispute related to this Agreement, the parties hereby agree to be subject to the jurisdiction and venue of the United States District Court for the Southern District of New York or, in the event such jurisdiction is not available, any of the appropriate courts of the State of New York. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
The country-specific provisions within this Schedule 1 shall apply only if you are a consumer (meaning an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession) resident in a member state of the European Union. Where this Schedule 1 applies, in the event of a conflict between the other terms and conditions of this
Agreement and the provisions set out in this Schedule 1, the provisions of Schedule 1 shall prevail.
1. SIGNIFICANT CHANGES TO A PACKAGE
a. If any element of a Package you order is materially altered, we will inform of you this fact, and you will be offered an option to either reconfirm your order for the altered element of the Package or to claim a refund of the price of the Package, including any applicable booking or handling charges. Failure to inform us of your decision may result in your order being reconfirmed for the altered element of the Package, and you will not be entitled to claim a refund. A material alteration is a change which, in our reasonable opinion, makes the Package or an element of the Package materially different to the Package that you ordered.
2. YOUR RIGHT TO CANCEL
The Package consists wholly of items that are excluded from the right to cancel or the right to a “cooling off” period under applicable law. Therefore, once you have placed your order, you will not be able to cancel.
3. PRICE AND PAYMENT
Price and Payment: Section 4.e shall not apply to your purchase of the Package and shall be replaced with the following provision:
a. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 1% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4. OUR LIABILITY TO YOU
Our responsibility for loss or damage suffered by you: Sections 8.a and 8.c shall not apply to your purchase of the Package and shall be replaced with the following provisions:
a. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our failing to provide you with the Package or undertake our obligations under this Agreement with reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
b. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) for fraud or fraudulent misrepresentation; or (iii) for breach of your legal rights in relation to the Package.
c. We are not liable for business losses. We only supply the Packages to you for domestic and private use. If you use the Packages for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
d. We are not liable to you for any losses to the extent they arise because:
i. you have breached the provisions of this Agreement and that has caused the loss to arise; or
ii. of a circumstance or event other than our failure to comply with the terms of the Agreement or failing to use reasonable skill and care.
Neither of the above will stop us from being liable to you for other loss or damage that arises that is expressly stated in this Schedule 1, 4.a to be our responsibility.
e. Events outside of our control: Section 11.a and 11.b shall not apply to your purchase of the Package and shall be replaced with the following provisions:
i. We are not responsible for events outside our control. If our supply or fulfilment of the Package (or an element of the Package) is not possible due an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of this as far as we reasonably can.
ii. In addition to the above, in the event any such event outside our control occurs, F1 Experiences shall make reasonable efforts to recover costs paid by it to third parties for elements included in the Package. In the event F1 Experiences is successful in recovering any such costs or in obtaining alternative Package elements at no additional expense, F1 Experiences will reimburse a proportionate share of such recovered costs to you or deliver such available Package elements to you, as applicable.
f. Your liability to us: Section 12 shall not apply to your purchase of the Package.
5. LOCATION OF PROCEEDINGS
a. Where you may bring legal proceedings: Section 13.e shall not apply to your purchase of the
Package and shall be replaced with the following provision:
i. If you live in a member state of the European Union you can bring legal proceedings in respect of the Package and this Agreement in either the member state of the European Union in which you are resident. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage