Drive the world’s finest cars on the worlds finest circuits.


RS Academy Limited - Terms and Conditions

 

 

RS Academy Limited 

Terms and Conditions 

 

1. These Terms 

 

1.1 These Terms and Conditions apply to your membership of RS Academy (“RS Academy”, “we” or “us”) and to any and all services (“Membership Services”) which we supply to you, the member named on the membership application form (“you”). Your membership is conditional on your agreement to these terms and conditions in full.  

1.2 The Membership Services include, but are not limited to, administration of your membership, car hire, track time, driving instruction and tuition and insurance.  

1.3 Following receipt of your application to become a member and the membership fee, we will provide a copy of these terms and conditions to you in person, by post or email. You will be deemed to have accepted these terms in full unless you notify us that you would like to withdraw your application for membership within 14 days of the date on which we send the terms and conditions to you. Please note that if you use or book any Membership Services within this 14 day period you will not be able to withdraw your application. 

1.4 These terms and conditions may be varied by us from time to time without notice. In the event of any such variation we will post a new copy of the terms to our website and will send a revised copy of the terms to you by post or email. If you do not accept the revised terms and you notify us accordingly then the existing terms will apply up to the expiry of your annual membership. If you use any Membership Services after we have notified you of any change to our terms or renew your membership then you will be deemed to have accepted the revised terms in full. 

 

2. Information 

 

2.1 All information supplied by you to us either in your application form or otherwise must be complete, true and accurate. You agree to supply to us with any further relevant information which we may request from time to time. 

2.2 You must inform us in writing immediately in the event that your driving licence is withdrawn, suspended or endorsed (in whole or in part) or if you are convicted of any driving offence whatsoever. 

2.3 You must inform us in writing of any change to your address and contact details within seven days of such change. 

 

3. Membership  

 

3.1 Members of RS Academy are not shareholders of RS Academy Limited. Your membership entitles you to use of the Membership Services provided by us, subject to these terms and conditions, but does not, for the avoidance of doubt, entitle you to a share in RS Academy Limited nor does it enable you to participate in the running, or decision making, of RS Academy Limited. 

 

4. Subscription, Renewal and Fees 

 

4.1 Details of our current membership fees are available on our website. Your initial membership fee is payable in full when you submit your application for membership.  

4.2 The initial membership fee will entitle you access to Membership Services for a minimum period of 12 months. However, it does not entitle you to any more Membership Services than your first induction day. Additional Membership Services are payable on an ongoing 

basis at the current Membership Services rates. For the avoidance of doubt, the initial membership fee is a one-off payment, which remains valid for as long as you choose to keep your membership active. It is not an annual subscription fee and it is non-refundable under any circumstances once your membership has begun. A membership is deemed to have begun on the induction day of your membership. 

4.3 At the end of your initial 12 month period your membership will continue and you will not be required to pay a renewal fee provided you use the Membership Services within three months of the date of expiry of your first 12 months of membership and every three months thereafter. Should you fail to use the Membership Services within three months of expiry of your annual membership or should any period of more than three months pass without you using any Membership Services thereafter then your membership will lapse and you will be required to pay to rejoin the club before you can use the Membership Services again.  

4.4 The renewal fee in the circumstances described at clause 4.3 above will be our standard membership fee at the time (unless we agree otherwise at our sole discretion). Your renewed membership will be for a further 12 month period and clause 4.3 will similarly apply at the end of that 12 month period.  

4.5 Details of our current Membership Services fees are available on our website. Membership Services fees are payable in full no later than 14 days before you use the Membership Service. In the event of you booking Membership Services less than 14 days in advance the fees will be payable in full at the time you make the booking. 

4.6 In the event that any fees or charges whatsoever are due to us, or your membership fee has been incorrectly calculated then you agree to settle any invoice for additional or unpaid fees or charges rendered by us immediately without any set-off, deduction or counter-claim. 

4.7 It is a condition of membership that you supply us at all times with details of a current valid credit or debit card. Before you hire a car from us we will pre-authorise an amount equal to the insurance excess of the car you have hired.  

4.8 If any damage whatsoever is sustained to a car you have hired (other than fair wear and tear) then you will be liable for the costs of repair and you irrevocably authorise us to deduct an amount equal to the estimated repair cost from the credit or debit card details you have supplied. In the case of serious damage which is covered by our insurance policy we may deduct an amount equal to the entire insurance excess. Once the final repair costs are verified you agree to pay any additional amounts which are required, and authorise us to take further deductions from your credit or debit card. We will refund any overpayment within 7 days of verification of the final repair costs. 

4.9 We reserve the right to make credit reference searches when you apply for membership and periodically thereafter and we will not require your permission before we make such checks. Should a credit check produce any adverse findings against you we reserve the right to refuse membership or renewal to you.  

 

5. Joint Membership 

 

5.1 We do permit joint membership for no more than two members. Each joint member is subject to these terms and conditions in full and will be jointly and severally liable for the acts and omissions of the other joint member.  

5.2 We will require up to date credit or debit card details from each joint member. When booking you must inform us which joint member is to hire and drive a car. If both joint members are hiring a car together and will both be driving you must let us know (so that we can arrange for the necessary tuition, insurance etc.) If one joint member hires a car and the other joint member drives the car without informing us, then you will be in breach of these terms and may not be insured.  

5.3 Each joint member will be entitled to make bookings. We will accept any booking made by a joint member using their joint membership details even if that booking is made without the authority of the other joint member.  

 

5.4 In the event of a dispute between joint members as to a booking or in relation to any other matter we will not be obliged to adjudicate such dispute and if we receive contrary notifications or instructions from joint members or any other indication that joint members are in dispute then we may at our discretion suspend your joint membership and access to the Membership Services until we receive joint instructions from the joint members or split the remaining RS Points equally between the joint members.  

 

6. Booking Membership Services and Availability 

 

6.1 You can book Membership Services a maximum of 60 days in advance. We require at least 48 hours advance notice for a booking (subject to availability). 

6.2 You can only book Membership Services through our website or by phone.  

6.3 When you book Membership Services you will be required to provide your membership number and membership account security details. We will not process any booking if you cannot or do not provide these. 

6.4 A booking may only be made by you. You must not provide your membership number and membership account security number to any other person under any circumstances and we reserve the right to terminate your membership if you allow anyone to book Membership Services using your membership.  

6.5 Your booking will not be complete until you have received a confirmation email from us which will contain a unique booking reference number. You will need this reference number when you come to use the Membership Services you have booked. 

6.6 Your booking is subject to the relevant Membership Service being available on the date you wish to book and there being available spaces for members. We operate on a first-come-first-served basis and while we will endeavour to accommodate as many members as possible on any given date you will not be able to make a booking if all spaces have already been taken.  

6.7 Details of when you can use Membership Services can be found on our website and your booking is subject to us being able to supply the Membership Services on your desired date.. The tracks that we hire for you to drive on are closed by the track owners at certain times of the year and on certain dates and will not be available for members at these times. 

6.8 Details of the Membership Services on our website will include details of the cars you will be able to drive on a given date. We reserve the right to supply you with different cars to those detailed on our website should those cars subsequently become unavailable for whatever reason before you are due to use the Membership Services.  

6.9 We may change our fleet of cars available for your use at any time. Where possible we will consult you and our other members on the cars you wish to see in our fleet. If a change in the fleet affects an existing booking we will endeavour to inform you where possible. 

6.10 We reserve the right to cancel any booking you make where a cancellation is necessary due to circumstances beyond our control. Where we cancel a booking or you are unable to drive on the day you are due to use the Membership Services because of bad weather, adverse conditions or cancellation of a track day we will reimburse your fees for those Membership Services but we will not compensate you for accommodation or travel costs. 

6.11 You may cancel any booking on one week’s notice. Provided you have given sufficient notice we will reimburse you in full for the fees already paid. If you cancel a booking without giving the required notice any reimbursement will be at our sole discretion. 

 

7. Tuition 

 

7.1 Each use of Membership Services that involves you driving a car will include a period of tuition. You will not be permitted to drive any car alone until you have completed this period of tuition. We will not permit any exceptions. The requirement for compulsory tuition will apply even if you have previously driven a particular car or on a particular track before you became a member of RS Academy or if you have driven on that track or driven that car outside of your membership of RS Academy. 

7.2 If at the end of the period of tuition our instructor is not satisfied that you have reached the necessary level of competence you will not be permitted to drive the car alone. You may take further tuition until our instructor is satisfied you have reached a competent level. 

7.3 Our instructor’s decision on your level of competence will be final. 

7.4 We will maintain a record of all tuition you have received from us and whether or not you have reached the necessary level of competence for each particular car and each particular track. If you book Membership Services which include a car or track you have driven before you will only be permitted to drive that car alone once we have checked our records and are satisfied you have already reached the necessary level. In such circumstances our instructor may still require you to complete a further period of tuition before you are permitted to drive alone.        

 

8. Termination of Membership 

 

8.1 You are entitled to terminate your membership at any time. We reserve the right to terminate your membership immediately without providing any compensation or refund to you if: 

You are convicted of any driving offence whatsoever and fail to inform us immediately; 

You fail to comply with these terms and conditions or our conduct and safety policy in full; 

You act (in our reasonable opinion) in an irresponsible, reckless, abusive or offensive manner; 

You fail to comply with the reasonable directions of any instructor, track supervisor or other employee or agent of ours; 

You fail to comply with any rules which apply to any track; 

You do anything to put our insurance or our reputation at risk. 

8.2 By becoming a member you accept the responsibility for acting in accordance with these terms and our policies and procedures and you accept that you will not be entitled to a refund in the event of breach. 

 

9. Liability and Risk  

 

9.1 You acknowledge that: 

9.1.1 supercar track driving is faster, more challenging and demanding and carries a higher level of risk than conventional driving; and 

9.1.2 the additional dangers and risks associated with supercar track driving include faster driving speeds, the fact that other drivers will also be using tracks at high speeds (meaning that there is a higher risk of high speed collision), the risk of skidding or rolling at higher speeds (especially in bad weather) and the relative inexperience of many track drivers who are unable to drive on a track more than a few times a year; 

9.1.3 the enjoyment and excitement of supercar track driving is derived in part from the increased speeds and inherent dangers and risks associated with such driving; 

9.1.4 you have submitted your application for membership after giving due consideration to these risks and you accept the inherent and increased dangers and risks associated with supercar track driving and the accompanying higher risk of injury, death or property damage or loss. 

9.2 Given the increased risks outlined above you must comply with our conduct and safety policy at all times. A copy of the policy will be provided to you with these terms and conditions. By taking a car onto a track you are warranting to us that you have sufficient levels of ability and experience to drive that car on that track safely. If you are at all unsure as to your level of experience or ability you must obtain additional tuition. 

9.3 We will not be liable to you in any circumstances for any property damage (and we recommend that you do not take any valuables with you when track driving), for pure economic loss, or for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation, loss of anticipated savings or otherwise whether caused by our negligence, the negligence of our employees or agents or otherwise. 

9.4 Our total liability including the liability of our agents, subcontractors and employees in respect of any Membership Services provided to you will (except in relation to personal injury or death caused by our negligence or the negligence of our employees or agents) be limited to the amount of the membership and other fees paid by you to us in the 12 month period prior to the relevant event. We will not be liable to any party other than the person(s) named in the Membership Application. 

9.5 You accept that the limitations of our liability set out above are reasonable in all the circumstances in particular given the inherent risks of supercar track driving, the availability of additional insurance and the fact that we are not in a position to evaluate any property damage or indirect or inconsequential losses which you may suffer. Nothing in these terms will limit or exclude our liability to you for death or personal injury arising as a result of our negligence or the negligence of our employees or agents. 

 

10. Insurance and Damage 

 

10.1 Please note that the cost of insurance is included with all Membership Services that include car hire, and you cannot opt out of coverage from our insurer. The insurance covers accidental collision damage to our car and personal injury, but will be subject to an excess which will vary depending on the car you have hired.  

10.2 You will be personally liable for any damage sustained to our cars while under hire to 

you, whether you are responsible for the damage or not. You authorise us to collect payment directly from you and to deduct the full cost of the repair from the debit or credit card details you have supplied to us. Before hiring a car we will pre-authorise your credit or debit card for an amount equal to the insurance excess for the car you are driving to cover the risk of damage to the car. In the event of damage to our car we will deduct an estimated cost of repair from the credit or debit card. We will refund to you the balance of any estimated repair costs which we have deducted and which are not required. We also reserve the right to deduct further amounts in the event that the eventual repair costs exceed the estimate. 

10.3 For details of our track day insurance please ask for further information. Like most track day insurance policies our insurance policy does not cover liability you may owe to third parties and is subject to a significant excess. If you require third party cover you should arrange for this yourself. If you are involved in any accident or collision and this is covered by our insurance policy then you will be liable personally for the insurance excess (even if a claim is made against a third party and even if you do not believe that the accident or collision is your fault). In the event of an accident or collision we will immediately deduct the excess from the credit or debit card details you have supplied to us. To the extent that the eventual repair costs are less than the amount we have deducted or we are able to recover all or part of the excess from another driver’s insurer then we will provide a refund to you.   

10.4 If through any act or omission of yours the car is not insured while under hire to you, you will be fully liable for all damage sustained, howsoever caused. 

10.5 If we are unable to collect payment for damage to a vehicle or for an insurance excess from the credit or debit card details you have supplied when hiring a car then you agree to pay the relevant amount to us immediately. Pending payment we will also suspend your access to all Membership Services and, only once we have collected payment from you, will we permit access to Membership Services again.  

10.6 Where damage has been sustained to the car, we will decide where and by whom any necessary repairs will be carried out and you will not have any say in our decision. You will similarly have no right to dispute the amount which any such repair works cost and which will be charged to your credit or debit card.  

 

11. General 

 

11.1 You agree that you have the power to enter into this agreement. 

11.2 You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to us against any amounts that we may owe to you. 

11.3 We may use employees or self-employed contractors and we shall have discretion as to which of our employees or subcontractors are assigned to perform the services.  

11.4 “RS Academy” and the RS Academy logo are trademarks of RS Academy Limited. 

11.5 We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest. 

11.6 Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise. 

11.7 The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid.  If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect. 

11.8 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts. 

11.9 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.