Terms & Conditions

1. Introduction

Welcome to iDrive UK’s website. By accessing and using this website, you agree to be bound by the following Terms and Conditions. If you do not agree with any part of these Terms, please refrain from using this website.

I DRIVE 2TF LIMITED TERMS OF SALE

BACKGROUND: 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Sessions are sold and provided by Us through this website, https://www.idrive-uk.com/  (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Sessions from Our Site.  You will be required to read and accept these Terms of Sale when ordering Sessions.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Sessions through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

• Definitions and Interpretation 

1. 1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

• Information About Us

1. 1. Our Site, is owned and operated by Us.

• Access to and Use of Our Site

1. 1. Access to Our Site is free of charge.
   2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
   3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

• Age Restrictions

There are no age restrictions in relation to the purchase of any Sessions on Our Site.  

• Business Customers

These Terms of Sale do not apply to business customers purchasing Sessions in the course of business.  

• Session Location

Our Sessions are available at our Premises only. Please see Our Site for further details regarding the Premises and opening times. 

• Sessions, Pricing and Availability

1. 1. We make all reasonable efforts to ensure that all general descriptions of the Sessions available from Us correspond to the actual Sessions that will be provided to you, however please note that the exact nature of the Sessions may vary depending upon your individual requirements and circumstances.
   2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Sessions, not to different Sessions altogether.
   3. Where appropriate, you may be required to select the required number of sessions for an applicable package.
   4. We neither represent nor warrant that all Sessions will be available at all times and cannot necessarily confirm availability until confirming your Order.  Availability indications are provided on Our Site however, such indications may not take into account orders that have been placed by other customers during your visit to Our Site.
   5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.    Changes in price will not affect any Order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
   6. All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Sessions at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 2 Business Days, We will treat your Order as cancelled and notify you of the same in writing.
   7. In the event that the price of Sessions you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
   8. All prices on Our Site include VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

• Orders – How Contracts Are Formed 

1. 1. Our Site will guide you through the booking process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.
   2. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
   3. Order Confirmations shall contain the following information:
      1. Confirmation of the Sessions ordered including full details of the Session Time for each Session date and the main characteristics of the Sessions;
      2. Fully itemised pricing for the Sessions ordered including, where appropriate, taxes and other additional charges;
   4. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within [7 days].
   5. You may change your Order at any time before at least one day prior to your Session Time by emailing info@idrive-uk.com.
   6. If you change your Order, We will confirm all agreed changes in writing.
   7. If you change your mind, you may cancel your Order or the Contract before We begin providing the Sessions subject to these Terms of Sale.  For details of your cancellation rights, please refer to Clauses 11 and 12.
   8. We may cancel your Order (in full or in part) at any time before the earliest applicable Session Time in the following circumstances:
      1. The required personnel and/or required materials necessary for the provision of the Sessions are not available; or
      2. An event outside of Our control continues for more than [7 days] (please refer to Clause 16 for events outside of Our control).
   9. If We cancel your Order (in full or in part) under sub-Clause 8.9 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.  If We cancel your Order (in full or in part), you will be informed by your email address specified in your Order and the cancellation will be confirmed in writing by email.
   10. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Sessions.

• Payment

1. 1. Payment for the Sessions will be due in the form of an advance payment of the total price for the Sessions as requested during the booking process on Our Site.  Price and payment details will be confirmed during the booking process.  Your chosen payment method will be charged as indicated by You during the booking process.
   2. We accept the following methods of payment on Our Site:
      1. debit cards;
      2. credit cards;
      3. gift vouchers;
      4. stripe; and
      5. apple pay; 
   3. We do not charge any additional fees for any of the payment methods listed in sub-Clause 9.2.
      
      If you do not make any payment to Us during the booking process, your Order will not have been successful and will not be confirmed. 
   4. Gift vouchers
      1. Gift vouchers for Sessions are available to purchase from Our Site.
      2. Gift vouchers are available for multiples of one Session. 
      3. Gift vouchers are valid either for the period specified on the gift voucher or where no period is specified, indefinitely. 
      4. Gift vouchers shall be redeemed only for Sessions and shall not be redeemed partly or wholly for cash. 
      5. Any gift vouchers purchased from Our Site are non-refundable. 
      6. Printed gift vouchers will have a surcharge of £1.50. A gift voucher issued by email (e-voucher) will be free of any surcharge.

• Provision of the Sessions

1. 1. As required by law, We will provide the Sessions with reasonable skill and care, consistent with best trade practices and standards in the driving and virtual simulator sector, and in accordance with any information provided by Us about the Sessions and about Us.  Your Session will begin at the Session Time specified in the Order Confirmation. Please note that if you request that your Session Time is within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost.  Please refer to Clauses 11 and 12 for more details on your cancellation rights, including the cooling off period.  We will use all reasonable endeavours to provide the Sessions with reasonable skill and care, commensurate with best trade practice.
   2. You will be responsible for ensuring you arrive at the Premises at least 5 minutes before the Session Time commences. If You arrive late for your Session, your Session will be reduced to finish within the allotted time and We will not provide you with any additional time to make up for any time lost or any refund. We reserve the right to cancel Your Session if you do not arrive within 20 minutes of your Session Time. 
   3. We will make every reasonable effort to provide the Sessions in a timely manner.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 16 for events outside of Our control.
   4. If We require any information or action from you in order to provide a Session, We will inform you of this as soon as is reasonably possible.  
   5. We reserve the right to rearrange any Sessions or cancel a Session for failure to provide any information requested by Us which We deem necessary to provide the Sessions at least 1 day prior to your Session Time. 
   6. In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Session to resolve the issue.  Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Sessions.
   7. If the Sessions are suspended or interrupted under sub-Clauses 10.6, or 10.7 you will entitled to a full refund for your Order.
   8. You agree to adhere to any instructions provided by Us in relation to your Session including but not limited to the use of the driving simulator provided by Us. An induction to use a driving simulator shall be provided to you by Us prior to the commencement of your first Session. 
   9. You will be responsible for any loss or damage that We may suffer to our property (which includes for avoidance of doubt, the driving simulators) or Premises as a result of your misuse of the driving simulators which is not in accordance with Our instructions. 

• Your Legal Right to Cancel (Cooling Off Period)

1. 1. If you are a consumer, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason.  This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed.  The period ends at the end of 14 calendar days after that date.
   2. If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period.  You may do so by email at info@idrive-uk.com and your cancellation will be effective from the date on which you send Us your message.  Please note that the cooling off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
   3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
   4. As specified in sub-Clause 10.1, if your Session Time is within the cooling off period you are required to make an express request to that effect.  This request forms a normal part of the order process.  By requesting that your Session(s) is/are within the 14 calendar day cooling off period you acknowledge and agrees that if the Session(s) is/are within the 14 calendar day cooling off period, you will have the right to cancel your Session(s) in accordance with Our cancellation policy (clause 12).

• Our Cancellation Policy

1. 1. Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the following cancellation policy in clause 12.
   2. You may cancel any Session and obtain a full refund for your Session, if you inform Us of your decision to cancel a session by at least 48 hours before your Session Time. 
   3. If you inform Us of your decision to cancel a Session with less than 24 hours before your Session Time, you will not be entitled to any refund for your Session.
   4. If you inform Us of your decision to cancel a session by less than 48 hours before your Session Time but more than 24 hours before your Session Time, you will be entitled to amend the date and time of your Session to another time, subject to availability. 
   5. If you wish to cancel under this Clause 12, you must inform Us of your decision to do so by email at info@idrive-uk.com.
   6. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
   7. You may be entitled to cancel immediately by giving Us written notice in the following circumstances:
      1. We breach the Contract in a material way and fail to remedy the breach within 28 calendar days of you asking Us to do so in writing; or
      2. We go into liquidation or have a receiver or administrator appointed over Our assets; or
      3. We change these Terms of Sale to your material disadvantage; or
      4. We are adversely affected by an event outside of Our control that continues for more than 7 days (as under sub-Clause 16.2.5).
   8. Refunds under this Clause 12 will be issued to you within [7 calendar days] and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.  Refunds will be made using the same payment method you used when ordering the Sessions.

• Our Rights to Cancel

1. 1. For cancellations before we begin providing the Sessions, please refer to sub-Clause 8.9.
   2. Refunds due under this Clause 13 will be issued to you within 7 calendar days and in any event no later than 14 calendar days after the day on which We inform you of the cancellation.  Refunds will be made using the same payment method you used when ordering the Sessions.

• Problems with the Sessions and Your Legal Rights

1. 1. We always use reasonable endeavours to ensure that Our Sessions are trouble-free.  If, however, there is a problem with the Session please contact Us as soon as is reasonable possible via email at info@idrive-uk.com. 
   2. We will use reasonable endeavours to remedy problems with the Sessions as quickly as is reasonably possible and practical.
   3. We will not charge you for remedying problems under this Clause 14 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault.  If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, or misuse of the Driving Simulator sub-Clause 10.5 will apply and We may charge you for the remedial work.
   4. As a consumer, you have certain legal rights with respect to the purchase of services.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Sessions with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Sessions are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Sessions), you have the right to a reduction in price.  If for any reason We are required to repeat the Session in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you.  In addition to your legal rights relating directly to the Sessions, you also have remedies if We use materials that are faulty or incorrectly described.

• Our Liability

1. 1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
   2. We provide Sessions for domestic and private use or purposes.  We make no warranty or representation that the Sessions are fit for commercial, business or industrial purposes of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
   3. Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
   4. Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Session with reasonable care and skill or in accordance with information provided by Us about the Sessions or about Us.
   5. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

• Events Outside of Our Control (Force Majeure)

1. 1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, cyber-attacks including but not limited to ransomware, malware, computer viruses, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
   2. If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Sessions as necessary;
      4. If the event outside of Our control continues for more than [7 calendar days] We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
      5. If an event outside of Our control occurs and continues for more than 7 calendar days and you wish to cancel the Contract as a result, you may do so by emailing info@idrive-uk.com;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

• Communication and Contact Details

1. 1. If you wish to contact Us with general questions or complaints, matters relating to Our Sessions or your Order or matters relating to cancellations, please contact Us by email at info@idrive-uk.com.

• Complaints and Feedback

1. 1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
   2. If you wish to complain about any aspect of your dealings with Us, please contact Us by email at info@idrive-uk.com. 

• How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available from https://www.idrive-uk.com/privacy-policy/.

• Other Important Terms

1. 1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
   2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
   3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
   4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
   5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
   6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale at any time, We will give you at least [30 calendar days] written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to sub-Clause 12.4.
   7. If a court or other authority invalidates any provision or part-provision in the Terms of Sale, the rest of them will still apply. If a court or other authority decides that some of these terms in the Terms of Sale are unlawful, the rest will continue to apply. 

• Law and Jurisdiction

1. 1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
   2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.
   3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 
   4. If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.