Terms and Conditions

These Standard Terms are subject to any Special Terms agreed. Quotations given do not constitute offers and are subject to our written acceptance of your order on these terms.

1. INTRODUCTORY

1.1 These Terms and Conditions form an integral part of every contract in respect of the use of the facilities entered into by Whilton Mill Limited (“we/our”) by you as the lead-customer and your guests (“You or your” unless the context means only the signatory as lead-customer). Unless specific alterations or deletions are expressly agreed in writing by us , these Terms and Conditions shall apply in their entirety. 

Any order, acceptance or other notice by electronic means is deemed to be served only when the person to whom it is addressed, is able to access it in an intelligible form (as defined in S.56(1) of the Regulation of Investigatory Powers Act 1998)  and whether the recipient of the order, acceptance or other notice chooses to access it is immaterial.

2.1 PRICE

We reserve the right to vary any contract price at any time to take account of any alterations in the specifications upon which the contract is based or any variation of your original order, or any extra cost borne by us as a result of any legislation, or any alteration caused by seasonal promotions or special offers, at our discretion.

2.2 CONTRACT PRICE

You as the lead-customer shall pay a deposit of 25% of the total contract price including VAT at the time of the booking. No booking will be accepted without a signed order form and the 25% deposit . The balance of the contract price shall be paid not later than seven days prior to the Event.  If you fail to make or honour the above payments on time, we may cancel your booking.

3 PAYMENT

All payments by you shall (unless otherwise agreed by us) be made in sterling at our address shown (or any other address we notify you) plus VAT as appropriate. Interim payments made by you are non - returnable by us if this contract is terminated wholly or partly due to your default.  If your cheque is returned by your bank as unpaid for any reason, you as lead-customer will be liable for a "returned cheque" charge of £25 + VAT. 

4. CANCELLATION

4.1 If you (as the lead-customer) enter into this contract as a consumer, you have the unreserved right to cancel this contract within seven working days, beginning with the day after the day on which we accept your order or the date that you receive written confirmation from us that your order is accepted, whichever is the later (‘the Cancellation Period’). 

4.2 But even if you as the lead-customer are a consumer, you have no right to cancel a contract with us after we have begun to perform our obligations for you, with your agreement. You shall be taken to have given this by making an order on these Terms and Conditions because we need to create staffing arrangements and ensure that your Event does not clash with that of another customer. If your order has been accepted by us, it may not be cancelled by you after the Cancellation Period except with our prior written consent and on terms that you will compensate us on an indemnity basis in full against all loss and all expenditure (including a reasonable contribution to overheads) incurred. No full or pro rata refunds will be made by us after the expiry of the Cancellation Period. 

4.3 Without prejudice to our other rights and remedies under this Contract, we may suspend our obligations and/or terminate this Contract forthwith without notice to you as lead-customer if you fail to pay any sums due to us as and when they fall due; or if you are a company and you go into liquidation or have  an administrator or administrative receiver appointed or enter into a voluntary arrangement with your creditors; or being a individual, go bankrupt; or if you make changes in numbers attending the Event, and you have not given us at least 72 hours notice to enable us to make adequate staffing changes

4.4 Cancellation notices must be in writing and (if sent by you) sent to our main contact address for the time being and (if sent by us) to your last known address. Notices may be sent by hand delivery, by pre-paid first class post, by fax, or by E-mail. Notices will be deemed to have been given: if by hand delivery, at the time of delivery; if sent by post, on the day next working day after posting; if sent by fax or E mail, at the time of transmission.

4.5 No contract is treated as cancelled by you unless agreed in writing by us and a cancellation fee paid which will be calculated to represent a reasonable assessment by us of the loss we will suffer as a result of your cancellation.  We may cancel, postpone or abandon any Event in the case of unsuitable weather or ground conditions or other circumstances beyond our reasonable control.  If at the time of abandoning, the Event is less than 50% completed, then we will refund you  50% of the total contract price. If more than 50% of the Event has been completed, there will be no refund. We reserve the right to request you and any of your party to leave Whilton Mill at any time at our absolute discretion and in such case, we shall be under no liability in respect  for any refund and/or damages.

5. LIMITATION OF LIABILITY

5.1 All conditions, terms, representations and warranties relating to our obligations, that are not expressly stated in these terms and conditions (including, without limitation, the implied warranty of our equipment, satisfactory quality and fitness for a particular purpose) are excluded to the extent permitted under English law but nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence. 

This Contract sets forth the entire agreement and understanding between the parties relating to the subject matter covered and excludes any previous contracts, understandings or quotations, written or oral, between us.  You have not relied on any warranty or representation of ours except as expressly stated or referred to in this Contract.

5.2 Our total liability to you and each member of your party for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision or non-provision of any of our obligations shall be 

limited to fees paid by you to us in respect of this contract for this Event. No claim may be brought unless you have notified us of the claim within 14 days of it arising and we are not liable to you or any member of your party for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

5.3 We are not liable for failure to comply with our obligations to you, or any member of your party,  if we are unable to carry out (or are delayed in carrying out) any such obligation for any reason beyond our reasonable control (including, inter alia, Acts of God, war or civil disturbance, fire, legislation or other governmental intervention, adverse weather conditions, strikes, accident, or failure of power supplies).

5.4 You and each member of your party must hand to us for safe keeping any personal valuables before an Event to prevent damage to them during your activity, and we will look after them as a gratuitous bailee.  If you do not hand them in, then any damage to them is at your own risk. You agree that if damage is caused by you or any member of your party to any facility (including buildings, fixtures and fittings, vehicles or equipment supplied by us), you as lead customer are personally liable for all such damage and will compensate us on an indemnity basis.

6. HEALTH AND SAFETY 

6.1 All guests who drive shall not be less than 5 feet in height and over 12 years old for karting on Mill Circuit, 16 years for karting on the National Circuit, 8 years for Cadet Karts and 6 years for Bambino Karting.

6.2 You and members of your party may not consume (or be under the influence of) alcohol or drugs before or at any time during an Event and any breach, (or reasonable suspicion of such) will entitle us to request the person in breach to leave Whilton Mill immediately.

6.3 You and each member of your party are responsible for their own health and wellbeing whilst attending an Event. Should a guest begin to feel unwell at any time they are personally responsible for looking  after their health, and promptly cease the activity.

7. OUR AUTHORITY AT EVENT

7.1 We act at our own discretion with regards to our decisions in the interests of the well-being of  customers, members of your party and our staff, and compliance with our legal obligations on Health and Safety.  Our decision is final in regard to matters of Health and Safety.  It is imperative that you and members of your party comply promptly with all requests and instructions made by us in respect of Health and Safety.  You and members of your party will comply with all reasonable instructions given by us for any reason.

8. GENERAL

8.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provision of this Contract be taken to be (or held to be) a waiver of that provision, or of any other term of this Contract. No right, power or remedy in this Contract conferred upon or reserved for either party, is exclusive of any other right, power or remedy available to that party.

If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract, and shall not in any way affect any other circumstances of, or the validity or enforcement of, this Contract.

Nothing in this Contract shall be taken as granting any rights expressly or impliedly, whether contractual or statutory, to persons other than us, to you and to named members of your party on the undertaking form, whether by virtue of The Contracts (Rights of Third Parties) Act 1999 or otherwise. 

We undertake to comply with the provisions of the Data Protection Act 1998. 

Neither this Contract (nor any rights or obligations under it) may be assigned,  transferred or sub-contracted by you or any member of your party (in part or in whole) to a third party, without our prior written consent.

The jurisdiction and law applicable to this contract is that of England and Wales.

8.2 Our Safe Working Practices Policy, and of our Public and Products Liability cover are available for inspection on our website.