AUDI DRIVING EXPERIENCE CANADA
1. Terms and Conditions
a) The Terms and Conditions in this document will form the basis of the contract for the Audi driving experience and are intended to avoid any confusion or dispute between You and Us. By submitting a completed Booking Form to Us, You accept and agree to be bound by these Terms and Conditions.
b) In these Terms and Conditions, various words have the meanings detailed below:
“Booking Form” means the booking form by which You order the Audi driving experience;
“Confirmation” means the confirmation of booking which We send You to confirm Your booking of the Audi driving experience;
“Car” means the Audi car(s) (whichever We choose in our sole discretion) which will be used for the Audi driving experience;
“Drivers” means the drivers (or any one of them) who will be undergoing the Audi driving experience, including, if applicable, You;
“Audi driving experience” means the Audi driving experience to be provided as detailed in Our Confirmation;
“You, Your” means the customer named on the Booking Form;
“Us, We, Our” means Audi Canada Inc..
2. Booking of the Audi driving experience
a) We are not bound to accept any booking until We provide our Confirmation.
b) Payment of the Audi driving experience must be made in full with each Booking Form.
c) If We are not able to accommodate the number of drivers which You have specified on the Booking Form, You will be notified immediately while booking either online or through the call centre.
d) You may request a change in date of the Audi driving experience up to one (1) month before the date of the Audi driving experience at no additional cost, but subject to availability. You must call the call centre to make any such changes.
a) If You wish to cancel the Audi driving experience:
(i)) at any time up to two weeks before the date of the Audi driving experience, We will refund You 50% of the entire purchase of the Audi driving experience;
(ii) within two weeks of the Audi driving experience there will be no refund of the entire purchase of the Audi driving experience; (iii) group bookings of 20 or more of the Audi driving experience are final and non-refundable once the purchase transaction has taken place. You can, however, switch the names of the drivers should someone in Your party cancel. All driver name changes need to be made by calling the call centre.
b) If, for some reason, You are unable to attend the scheduled course date of the program, You may be entitled to rebook the course session subject to availability.
a) All Drivers must be aged at least 18 and be in good health. All Drivers must be free from any medical condition or illness, which may affect or impair the Driver\'s ability to drive the Car.
b) All Drivers must hold a current, valid, full-class, unrestricted driving license to register and participate in the Audi driving experience. All Drivers will be required to produce their driving license prior to the commencement of the Audi driving experience. Any Driver who fails to produce a valid driving license prior to commencement of the Audi driving experience will not be permitted to undergo the Audi driving experience. Provisional licenses and copies of licenses are not acceptable to Us.
c) All Drivers must hold current motor vehicle insurance, including liability insurance, which is in full force and effect and valid in Canada. All Drivers will be required to present a certificate evidencing this coverage prior to the commencement of the Audi driving experience.
d) A copy of Your driver’s license and insurance certificate will be taken at the Audi driving experience for Our records to confirm Your eligibility. These copies will be destroyed within 60 days, unless they are required to be retained by Us as a result of an incident at the Audi driving experience.
e) All Drivers are required at all times to drive the Car in a careful and safe manner, in accordance with all traffic laws (including speed limits) and to follow the instructions of their instructor. You will be liable for Your acts and omissions and, in particular, Your failure to drive the Car in accordance with this paragraph.
f) We reserve the right to refuse to allow any Driver to operate a vehicle in the program if, in Our reasonable opinion, any such Driver appears unfit to drive for any medical reason or due to the influence of alcohol or drugs, disregards safety instructions, or is unable to communicate or understand directives given by Our instructors in English and/or French. We will not pay any refund or permit a substitute Driver in the event that we refuse to permit any Driver to drive or carry on driving because of the reasons set out in this paragraph.
a) Every care is taken to ensure the safety of all Drivers. However, due to the nature of the Audi driving experience and the high performance characteristics of the Car, some degree of risk is involved.
b) By registering for the Audi driving experience, You agree to release Audi Canada Inc., Volkswagen Group Canada Inc., their parent, affiliate and subsidiary companies, their advertising agencies and each of their shareholders, officers, directors, employees, representatives and agents (hereinafter the “Organizers”), from and against any and all claims, liabilities, demands, actions, causes of action(s), costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which You ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of the Audi driving experience, including, without limitation, a claim for negligence arising out of, or in any way relating to, any action taken or not taken by the Organizers in relation to the Audi driving experience.
c) By registering for the Audi driving experience, You accept responsibility for bodily harm or injury, death, property damage or any other form of loss that You may suffer, or cause, as a result of: Your participation in the Audi driving experience; the action or omission of any other participant in the Audi driving experience or the Organizers; the action or omission of any third party; any accident; or any act of God in connection with the Audi driving experience.
d) You will be required to sign a waiver prior to the commencement of the Audi driving experience.
6. Cancellation by Us
a) Every effort will be made to ensure that the Audi driving experience is carried out in accordance with the Confirmation. However, We reserve the right to cancel the Audi driving experience or modify it in the event that adverse weather conditions render it in Our opinion unsafe to carry out the Audi driving experience. Furthermore, We may cancel the Audi driving experience if due to reasons beyond Our reasonable control We are unable to provide Cars or instructors.
b) In the event that We cancel the Audi driving experience before the Audi driving experience commences, We will notify You immediately. We will rearrange the Audi driving experience to be provided on a mutually convenient date or, if You prefer, will refund to You all money which You have paid to Us. We will not be liable for any other expenses which You may have incurred.
c) If We cancel the Audi driving experience after the Audi driving experience has commenced, We will either rearrange the remaining the Audi driving experience to be conducted on a mutually convenient date or refund to You part of the price taking into account the Audi driving experience undertaken prior to cancellation and the scheduled duration of the Audi driving experience. We will not rearrange the Audi driving experience or make any refund if We cancel the Audi driving experience for a reason stated in paragraph 6(a) and 75% of the scheduled time of the Audi driving experience has already been undertaken.
7. Audi driving experience
a) You will be required to check in on the day of the Audi driving experience, and it is mandatory to participate in the pre-drive curriculum before being permitted to drive on the Audi driving experience course.
b) We do not make any statement or guarantee that Drivers will achieve any particular standard or competency following the Audi driving experience or that the Drivers will be competent to drive cars of the same or similar type as the Car.
c) Times stated in respect of the duration of the Audi driving experience are estimates only. The Audi driving experience may be for a shorter or longer period and You should treat any times stated by Us as estimates only.
8. Mobile Phones and devices
You will not be allowed to use either a mobile phone or device at any time during the Audi driving experience. Failure to comply with this request may result in dangerous or hazardous situations to both You and other Drivers and You being removed from the Audi driving experience.
a) Your personal information is being collected by Us for the purposes of administering and registering you for the Audi driving experience, and to confirm that you are eligible to participate. Unless You have provided your consent to do so, Your personal information will not be used by Us for any other purpose.
b) You acknowledge that photographs and/or video may be taken by the Organizers at the Audi driving experience. You authorize the Organizers and their representatives to use, if they so desire, your name, photograph, image, voice and/or declaration in relation to the Audi driving experience for promotional and marketing purposes, without any notice or form of compensation.
c) It is Our intention that all terms of the contract between You and Us in respect of the Audi driving experience are contained in this document. However, if You are a consumer, Your rights provided under statute are not affected by anything contained in this document. This contract shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You and Us hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario with respect to any matter arising under or related to this contract. If any provision of this contract is declared illegal, invalid, void or unenforceable by any judicial or administrative authority, the validity of any other provision and of the entire contract will not be affected thereby. No waiver of any breach or default hereunder will be considered valid unless in writing, and no such waiver will be deemed a waiver of any subsequent breach or default.