These terms may have changed since you last reviewed them.
If you are a consumer, Part A and Part B of these terms and conditions apply to all bookings you make and all contracts between us. In the event that there is a conflict between the terms of Part A and Part B, Part B will prevail.
If you are a business, Part A and Part C of these terms and conditions apply to all bookings you make and contracts between us. In the event that there is a conflict between the terms of Part A and Part B, Part C will prevail.
PART A – TERMS WHICH APPLY TO BOTH CONSUMERS AND BUSINESSES
Where to find information about us and our goods and services
You can find everything you need to know about us, K1 Speed (being the trading name of K1 Speed JV UK Ltd, company number 15536172 with our registered address at 2 Marylebone Road, London, England, NW1 4DF), and our goods and services on our website or from our staff before you make a Booking. We also confirm the key information to you in writing before your order or Booking, either by email, in your online account or on paper.
The following definitions and rules of interpretation apply in these Terms and Conditions:
- “Booking” means the booking made by you for the Services, whether online, by email, by phone or in person.
- “Booking Form” means the completed booking form specifying the Services to be provided, amounts payable and other details.
- “Conditions of Participation” means the agreement between K1 Speed and the Participant that must be entered as a condition of that Participant participating in any Services.
- “Consumer” means a private individual who purchases Services from K1 Speed acting as a consumer and not as a business.
- “Corporate Customer” means a business which purchases Services from K1 Speed.
- “Intellectual Property Rights” means patents, copyright and related rights, trade and service marks and names, business names and domain names, goodwill and the right to sue for passing off, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- “Participant” means the end-user, being the individual partaking in the Services at K1 Speed.
- “Services” means the services supplied by K1 Speed to a Consumer or a Corporate Customer as set out in the Booking Form.
When you make a Booking with us you are agreeing that:
- We only accept Bookings when we’ve checked them.
- Sometimes we reject Bookings.
- We charge you when we accept your order.
- We charge interest on late payments.
- We’re not responsible for delays outside our control.
- Our products, services and venues can vary slightly from their pictures.
- You’re responsible for making sure that the information provided in the Conditions of Participation is accurate.
- We may charge you if you don’t give us information which we need.
- You have rights if there is something wrong with our Services.
- We can change our Services and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products and Services.
- We can end our contract with you.
- We don’t compensate you for all losses caused by us or our Services.
- We use the personal data that you provide us with as set out in our Privacy Policy.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
- We own all Intellectual Property Rights in the Services.
We only accept Bookings when we’ve checked them and Participants can only use the Services once the Conditions of Participation have been signed.
We contact you to confirm we’ve received your Booking and then we contact you again (normally within two days) to confirm we’ve accepted it.
Our acceptance of your Booking and us allowing each Participant to partake in the Services is conditional upon each Participant member of the Booking entering into the Conditions of Participation prior to partaking in our Services. If a Participant does not wish to continue with the Booking after reading the Conditions of Participation, we will issue a full refund in respect of that Participant only. The refund will be issued to the Customer or the Corporate Customer who made the Booking only using the same payment method that was used to pay for the Booking.
Sometimes we reject Bookings
Sometimes we reject Bookings, for example, because there is insufficient availability on the date or time selected, because our Conditions of Participation have not been signed, or because we can’t verify your age or the age of a Participant. When this happens, we will let you know as soon as possible and refund any sums you have paid.
We charge you when we accept your order
You may pay using the payment options indicated on our website or in our karting centres. All prices are in pounds sterling (£) (GBP) and include VAT at the applicable rate.
If your product is goods, for example one of our gift cards, driving gloves or a balaclava, you will own it once we have received payment in full and have provided or despatched the item to you.
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues 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 the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the goods or Services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply of goods or Services is delayed by an event outside our control, such as an unexpected closure to our premises, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team [email protected] to end the contract and receive a refund for any goods or Services you have paid for in advance but not received.
Products can vary slightly from their pictures
We operate at many sites across the world. A product’s appearance (and that of our karting locations) may not exactly match that shown on your device or in our marketing. The images displayed on our website may not exactly match the site at which you make your Booking.
You are responsible for making sure the information provided by each Participant in the Conditions of Participation is accurate
In the Conditions of Participation, we require the Participant to make various acknowledgements and confirmations concerning the inherent risks of the Services, declarations of health and consents in relation to clothing, hair and jewellery. It is the responsibility of both you and the Participant to ensure that this information is correct.
We charge you if you don’t give us information we need. We charge you additional sums if you or a Participant don’t give us information we’ve asked for, such as proof of age or any information which we require in order to allow a Participant to use the Services, as agreed with us.
We can change products and these terms
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements, for example if any new product safety regulations are implemented; and
- to make minor technical adjustments and improvements, for example to address a safety issue that we have identified. These are changes that won’t affect your use of the Services in any significant way.
Changes we can only make if we give you notice and an option to terminate. We can also make any other changes to the Services or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team to end the contract before the change takes effect and receive a refund for any goods or Services you’ve paid for in advance, but not received.
We can suspend Services (and you have rights if we do)
We can suspend the supply of Services. We do this to:
- deal with technical or safety problems or make minor technical changes;
- update the Services to reflect changes in relevant laws and regulatory requirements; or
- make changes to the Services (see ‘em>We can change products and these terms’).
We let you know, may adjust the price and may allow you to terminate. We will contact you in advance to tell you we’re suspending Services, unless the problem is urgent or an emergency. If we suspend Services, or tell you we’re going to suspend Services, for more than 14 consecutive days you can contact our Customer Service Team to end the contract and we’ll refund any sums you’ve paid in advance for Services you won’t receive.
We can end our contract with you
We can end our contract with you for Services and claim any compensation due to us (including enforcement costs) if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due; or
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services.
We don’t compensate you for all losses caused by us or our goods or Services
We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section ‘We’re not responsible for delays outside our control’.
- Something you could have avoided by taking reasonable action. For example, damage caused by ignoring the contents of our safety briefings.
We own all Intellectual Property Rights in the Services
All Intellectual Property Rights in or arising out of or in connection with the Services are owned by K1 Speed. You and your Participants may use our Intellectual Property Rights only to the extent that it is necessary to do so in order to enjoy the Services.
We use your personal data as set out in our Privacy Policy
How we use any personal data you or a Participant gives us is set out in our Privacy Policy: https://www.k1speed.com/uk/privacy-policy.html
You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team: [email protected] will do their best to resolve any problems you have with us or our goods or Services.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you raise a complaint with us which we are not able to resolve together then we may suggest an alternative dispute resolution process.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your Services. We’ll contact you to let you know if we plan to do this and we’ll ensure that the transfer won’t affect your rights under the contract. If you’re unhappy with the transfer you can contact our Customer Service Team to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.
You can only transfer your contract with us to someone else if we agree to this. We may not agree if the transfer would affect the terms of the Booking.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else, including any Participants, can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
PART B: APPLICABLE TO CONSUMER BOOKINGS AND CONTRACTS ONLY
When a Consumer makes a Booking, the following terms apply:
Cancellation rights: if you bought online, over the telephone or in person, you have a right to change your mind.
Your legal right to change your mind. A Consumer may cancel a Booking by giving written notice to K1 Speed provided that such notice is given no less than 30 days before the Booking was scheduled for. This is because if you cancel after that time K1 may not be able to re-book the slot that was reserved for you. If you cancel under this right, you are entitled to receive a full refund of any amount paid in advance. If you book for Services less than 30 days in advance then you have no right to cancel.
When you can’t change your mind. You can’t change your mind about an order for:
- Services, including (i) where you have booked a karting session at a certain location for a certain date; (ii) once the Services have been completed; or (iii) once our delivery of the Services has commenced;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- goods which have been used (your use of them amounts to your acceptance of those goods);
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we provide you with your product, if it is goods, for example a pair of gloves.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team: [email protected]
You have to return the product at your own cost. If your product is a good, for example, a pair of gloves, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
- bring the product to one of our karting centres (find the one nearest to you on https://www.k1speed.com/ or by contacting our Customer Service Team. You will need your email receipt and the card you paid with.
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted contact our Customer Service Team.
You have to pay for Services you received before you change your mind. If you bought Services (such as a voucher for karting, but excluding a booking for Services to be deleted at a certain date or time) we don’t refund you if you change your mind after you have Booked the Services for a certain time/date or if you have started using the Services.
You do not have a right to change your mind about Services booked for a certain date and time. If you bought Services (such as participation at a particular karting session) we don’t refund you if you change your mind after you have started using the Services.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, including using it, we may reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we’re likely to reduce your refund.
When and how we refund you. We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for repeat or subscription Services) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team.
You have rights if there is something wrong with our Services
If you think there is something wrong with the Services provided, you must contact our Customer Service Team. We honour our legal duty to provide you with goods and Services that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.
| Summary of your key legal rights
If your product is goods, for example balaclavas or gloves, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: · Up to 30 days: if your goods are faulty, then you can get a refund. · Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. · Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is Services, for example a karting session, the Consumer Rights Act 2015 says: · You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. · If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable. If a time hasn’t been agreed upfront, it must be carried out within a reasonable time. |
Court claims: If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
PART C: APPLICABLE TO BUSINESS-TO-BUSINESS BOOKINGS AND CONTRACTS ONLY
When a Corporate Customer makes a Booking with us you are agreeing that:
- Clauses giving rights under the Consumer Contracts Regulations 2013 and the Consumer Rights Act 2015 do not apply to the Booking.
- The provisions set out in part 2 of the Terms & Conditions apply instead.
- You do not have any rights under the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015. These are only available to Consumers.
Cancelling a Booking
You may cancel any Booking by giving us written notice, however you will not be entitled for a refund of any amounts paid in respect of that Booking and any outstanding amounts become automatically payable at the point of cancellation.
Limitation of Liability
- We have insurance cover in respect of our own legal liability for individual claims not exceeding Five Million GBP per claim. The limits and exclusions in this clause reflect the insurance cover that we have been able to arrange and Corporate Customers are responsible for making its own arrangements for the insurance of any excess loss.
- Nothing in this this clause shall limit a Corporate Customer’s payment obligations under these terms.
- Nothing in these terms limits liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence; and
- fraud or fraudulent misrepresentation.
- Subject to the above, we shall not be liable for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- indirect or consequential loss.
- Subject to the above, we shall not be liable to you for any loss or damages which exceed the value of the relevant Booking or the relevant contract (as applicable).
- Unless you, a Corporate Customer, notifies us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which a Corporate Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
Termination
- Without affecting any other right or remedy available to it, either a Corporate Customer or K1 Speed may terminate a Booking with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of any other term and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
- the other party repeatedly breaches any of the terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms;
- an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company, partnership or limited liability partnership);
- Without affecting any other right or remedy available to it, we may terminate a Booking with immediate effect by giving written notice to a Corporate Customer if:
- that Corporate Customer fails to pay any amount due under the Booking on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
- there is a change of control of that Corporate Customer.
- Without affecting any other right or remedy available to us, we may terminate a Booking for convenience by giving no less than seven days written notice to a Corporate Customer.
Consequences of termination
- On termination of the Booking, unless expressed otherwise in the Booking, a Corporate Customer shall immediately pay us all of K1 Speed’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, K1 Speed shall submit an invoice, which shall be payable by that Corporate Customer immediately on receipt.
- Any provision of the Booking that expressly or by implication is intended to come into or continue in force on or after termination of the Booking shall remain in full force and effect.
- If we terminate a Booking in accordance with the termination clause above we will not be liable to refund the cost of any Booking, except where we have exercised our right to terminate for convenience.
Court claims: We agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claims or disputes between us which may arise as a result of or in connection with the Services, a Booking or any goods you buy from us.