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2018 Paddock Club Terms & Conditions

DEFINITIONS AND INTERPRETATION

1.1  Definitions

The following definitions apply unless the context requires otherwise:

2018 Championship” means the 2018 FIA Formula 1 World ChampionshipTM;

2019 Championship” means the 2019 FIA Formula 1 World ChampionshipTM;

Caterer” means the persons or organisations appointed by or approved by FOHES to provide catering, food and beverage services for the Facility in respect of the Event;

Championship” means the FIA Formula 1 World ChampionshipTM;

Circuit” means a circuit at which the Event is held including any and all areas, buildings, structures, facilities, services and fit out located within such circuit;

Client” means the party named on the Order Confirmation (or such other person or organisation as may be substituted therefore with the written consent of FOHES) and where the context so requires shall include any employee, representative, agent or contractor acting on the Client’s behalf;

Event” means the relevant round of the 2018 Championship or part thereof (including days on which practice, qualifying and any support races take place) to which the Ticket relates (which, for the avoidance of doubt, shall not include the Brazilian Grand Prix, the Singapore Grand Prix or the Australian Grand Prix);

Event Period” means:

(i) in respect of Three Day Tickets, such Opening Hours as FOHES advises the Client that the Facility is open and available to the Client on the Friday, Saturday and Sunday of the Event;

(ii) in respect of Two Day Tickets, such Opening Hours as FOHES advises the Client that the Facility is open and available to the Client on the Saturday and Sunday of the Event;

(iii) in respect of Friday Tickets, such Opening Hours as FOHES advises the Client that the Facility is open and available to the Client on the Friday of the Event;

Facility” means the area notified to the Client by FOHES as being the area in which Formula 1 Paddock Club™ hospitality is provided;

FIA” means the Fédération Internationale de l’Automobile, place de la Concorde 8, 75008 Paris, France or such other address as it may from time to time operate from or any employee, representative, agent or contractor acting on the FIA’s behalf;

FOHES” means Formula 1 Hospitality and Event Services Limited of No. 2 St James’s Market, London, England, SW1Y 4AH or such other address as it may from time to time operate;

Formula 1 Companies” means FOHES, FOWC and their affiliates;

FOWC” means Formula 1 World Championship Limited of No. 2 St James’s Market, London, England, SW1Y 4AH or such other address as it may from time to time operate, and/or where the context requires shall include Formula 1 Management Limited (“FOM”), acting as its business manager;

Friday Tickets” shall mean a Ticket valid for the Opening Hours on the Friday of the Event;

Opening Hours” means the hours of the relevant day of the Event during which the Facility is open to the Client as advised by FOHES from time to time;

Order Confirmation” means a written confirmation by FOHES to the Client that the Registration Form has been received and accepted;

Paddock Club™ Parking Area” means a dedicated parking area notified to the Client by FOHES at the Event for use by Clients who hold Paddock Club™ Parking Tickets;

Paddock Club™ Parking Ticket(s)” means a parking ticket or sticker issued to a Client by FOHES permitting parking in a Paddock Club™ Parking Area;

Registration Form” means an application for Tickets on a standard FOHES application form (or on such other document as may be acceptable to FOHES from time to time);

Terms and Conditions” means these Formula 1 Paddock Club™ standard terms and conditions;

Three Day Ticket(s)” shall mean a Ticket valid for the Opening Hours on the Friday, Saturday and Sunday of the Event;

Ticket(s)” means a ticket, voucher or other form of pass issued by FOHES permitting access to the Facility during the Opening Hours on a particular day or days of the Event;

Ticket Holder” means a person authorised in accordance with Clause 6 to use a Ticket for the Event;

Ticket Price” means the price advised and confirmed by FOHES as being payable by the Client for the Tickets (including any and all applicable taxes);

Total Fee” means the amount payable under these Terms and Conditions by the Client to FOHES, being the Ticket Price plus any applicable taxes required under relevant tax law (including but not limited to sales taxes, value added taxes and similar taxes); and

Two Day Ticket(s)” shall mean a Ticket valid for the Opening Hours on the Saturday and Sunday of the Event.

1.2  Interpretation

(a)    Headings are for convenience only and do not affect interpretation.

(b)   The singular includes the plural and conversely.

(c)    A reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing.

(d)   Where there are two or more parties named as the Client, a reference to a right or obligation of the Client confers that right, or imposes that obligation, as the case may be, jointly and severally.

2.    AGREEMENT

2.1  Binding Agreement

(b) These Terms and Conditions constitute the entire agreement between FOHES and the Client for the purchase and/or use by the Client of one or more Tickets and shall be deemed to have been accepted by the Client when the Client submits a Registration Form to FOHES and/or uses a Ticket at the Event.

(b) By using the Ticket, each Ticket Holder acknowledges and agrees that he or she agrees to and shall adhere to these Terms and Conditions (including all obligations imposed on the Client under these Terms and Conditions).

2.2  FOHES Reservation of Rights

Notwithstanding anything elsewhere contained in these Terms and Conditions, FOHES reserves the right (exercisable in its absolute discretion) to determine whether or not any requests contained within a Registration Form (or otherwise) for the purchase of Tickets are accepted.

3.    TICKETS AND PAYMENT

3.1  Total Fee (only applicable where Client buys the Ticket directly from FOHES)

(a)    The Client shall pay to FOHES the Total Fee on or before such date(s) as FOHES notifies the Client on the Order Confirmation and/or on the relevant invoice and if so required by FOHES in the case of large bookings or bookings for private or shared suites, a non-refundable deposit of 25% of the Total Fee (“Deposit”) payable by such date as FOHES shall advise the Client and time shall be of the essence.

(b)   No withholding in respect of any taxes will be made from any payments made by the Client to FOHES under these Terms and Conditions, unless required by law. If any taxes are so required to be withheld from any sums paid or payable under these Terms and Conditions by or on behalf of the Client to FOHES, the Client undertakes to pay forthwith to FOHES such additional amount as will, after such withholding or deduction has been made, leave FOHES in the same position as it would have been in the absence of the requirement to make such withholding or deduction.

3.2  Issue of Tickets (only applicable where Client buys the Ticket directly from FOHES)

(a)    FOHES shall be under no obligation to issue any Tickets or provide any other benefits in relation to the Facility until the Total Fee (and, if relevant, the Deposit) has been received by FOHES in cleared funds no later than the dates specified by FOHES and time shall be of the essence in that regard. If only part payment of the Total Fee is received by FOHES, FOHES may (exercisable in its absolute discretion), provide to the Client that number of Tickets which equates to the pro rata portion of the Total Fee received. The Client agrees that, notwithstanding the supply of fewer Tickets, the Client remains liable to FOHES for the balance of the Total Fee.

(b)   Subject to these Terms and Conditions, FOHES agrees to issue to the Client the number of Tickets for which full payment of the Total Fee has been received. Lost Tickets will not be refunded or replaced without the consent of FOHES (exercisable in its absolute discretion). In the event that FOHES advises the Client that it is unable (or there is not sufficient space or availability) to provide the Client with the number of Tickets to the Facility for which payment of the Total Fee has been made, FOHES shall, within 60 days of FOHES advising the Client, refund to the Client an amount equal to the price paid by the Client for such number of the Tickets as FOHES does not provide and FOHES shall have no further liability or obligation towards the Client in respect of such Tickets.

(c)    Tickets are sold as Friday Tickets, Two Day Tickets or Three Day Tickets only.

3.3  Ticket Collection (only applicable where Client buys the Ticket directly from FOHES)

FOHES reserves the right to nominate and notify the Client of the location where (and when) the Client can collect Tickets for which full payment has been received by FOHES.

3.4  Additional Tickets Ordered During the Event (only applicable where Client buys the Ticket directly from FOHES)

Additional requests to purchase Tickets during the Event may be accepted by FOHES (in its absolute discretion) and subject to such conditions as FOHES may advise which may include immediate payment in a form and by such payment procedure as FOHES may advise.

3.5  Cancellation

(a)    FOHES may (in its absolute discretion) refuse to accept Registration Forms and/or cancel Ticket orders from anyone it believes intends to offer a Ticket for resale or contrary to these Terms and Conditions.

(b)   Subject to clause 10.2, no refunds will be given in the event of cancellation or postponement of part or all of the Event unless otherwise agreed by FOHES (in its absolute discretion).

(c)    Once the Registration Form has been submitted, no exchange or cancellation of any Ticket will be permitted, except as authorised by FOHES from time to time.

4.    USE OF FACILITY

4.1  Alterations to Facility/No Advertising or Promotions

(a)    Subject to Clause 4.1(b) no alterations or additions to either the Facility or any use of the Facility other than the use permitted by these Terms and Conditions will be allowed without the prior written consent of FOHES (exercisable in its discretion).

(b)   Where the Client is permitted use of a dedicated area within the Facility (as determined by FOHES), the Client may, at its own cost, decorate or theme the inside of such dedicated area, provided that:

(1) no items displayed (including signage) are visible from the outside of such dedicated area unless the Client has obtained the prior written consent of FOHES; and

(2) the Client ensures that any and all references to the name of the Event (or to any other round of the Championship) that appear in or on any materials located inside (or accessible from) the Facility correctly refer to the full and official name of the Event (or the full and official name of any other round of the Championship as the case may be) and have been approved in writing in advance by FOHES.

(c)    Unless otherwise agreed in writing between the Client and FOHES the Client is fully responsible and liable for transporting all decorating/theming materials and other property belonging to it and for any damage caused within the Facility by such materials or property.

(d)   The Client is liable for and hereby agrees to indemnify and hold harmless FOHES from and against any claim, loss (including without limitation, indirect loss, consequential loss or loss of profit), damage, cost or expense (whether in tort, contract or otherwise) arising from or connected with the transport, installation, erection, display, use, safekeeping, dismantling or removal of such materials and property. The Client is liable for and must indemnify and hold harmless FOHES against any and all costs and expenses howsoever incurred in relation to any alterations or additions made by it or on its behalf.

(e)    Except with FOHES’s prior written consent or as otherwise provided for in Clause 4.1(c) the Client shall not undertake advertising or promotional activity at the Facility, including, without limitation the displaying of any corporate signage or corporate identification within or outside the Facility.

4.2  Nature and Location of the Facility/Grandstand Seats

FOHES reserves the right to determine (in its absolute discretion) the nature and location of the Facility and any dedicated areas within the Facility at the Event in all respects including, without limitation, whether or not (and if so, any conditions upon which) FOHES may provide grandstand seating (if at all) and if grandstand seating is provided by FOHES (in its absolute discretion) the type and position of any grandstand seating so provided.

4.3  Restricted Access Tours

(a)    Subject to FOHES’s absolute discretion, the Client may be permitted to participate in a guided tour of certain restricted areas of the Circuit during the Event Period (“Restricted Access Tours”), the availability of which shall be notified by FOHES to the Client from time to time.

(b)   FOHES reserves the right to require at any time that each Client wishing to participate in any Restricted Access Tours shall sign a waiver and release of liability form(s) as a condition of being granted access to the Restricted Access Tours.

5.    NO USE OF TICKETS IN PROMOTIONS

(a)    The Client shall not, without the prior written consent of FOHES (exercisable in its absolute discretion) use for any advertising, promotional or commercial purposes (including without limitation prizes, competitions, contests or sweepstakes) in any media 1) the name of FOHES or 2) the name of the Event or 3) the name of any other round of the Championship (or any abbreviation or foreign language version thereof) or 4) any Tickets or 5) the “Formula 1 Paddock Club™” or the “Paddock Club™” name or logo or 6) the Facility.

(b)   The Client shall not, without the prior written consent of FOHES (exercisable in its absolute discretion) do any act or thing to imply or give the impression that 1) it or its activities are connected to or endorsed by the Formula 1 Paddock Club™ or FOHES and its affiliates or 2) that it is a title sponsor of or supplier to, or is in some way associated or affiliated with, the Championship, the Event or the Facility or in some other way connected to FOHES, the Event or the Facility.

6.    NO ON-SELLING

(a)   The Client shall not sell, offer to sell, on-sell, exchange for fee, reward or other valuable consideration, assign, sublet, encumber, licence, sub-licence, transfer, dispose of or otherwise deal with any of the rights, benefits or obligations contained in these Terms and Conditions nor sell or offer to sell any Ticket(s) to a third party without first obtaining the prior written consent of FOHES (exercisable in its absolute discretion) and which may include such conditions as FOHES thinks fit.

(b)   Notwithstanding the provisions in Clause 6(a), Tickets may be used by only such persons as the Client notifies FOHES of in writing on the Registration Form.

(c)   The provisions in this Clause 6 are fundamental conditions.

7.    RESTRICTIONS ON USE OF NAMES AND LOGOS

(a)    The Client shall not use any of the expressions “Formula 1™”, “Formula 1®”, “F1®”, “FIA Formula 1 World Championship™”, “Formula 1 Paddock Club™”, “Paddock Club™” or any trade marks (whether registered or unregistered) or logo(s) pertaining thereto or any other intellectual property right owned by FOHES, FOHES’s affiliates or by any third party except with the prior written consent of FOHES, FOWC, FOM or the relevant owner or licensee of such trade mark or other intellectual property right.

(b)   The Client shall not use the name of the Event (or the name of any other round of the Championship) or part thereof (nor any abbreviation or foreign language version thereof) nor any logo or graphic device of or relating thereto for any commercial purpose whatsoever without the prior written consent of FOHES first being obtained (exercisable in its absolute discretion). This is a fundamental term.

8.    CATERING

(a)    FOHES is exclusively entitled to procure or authorise the provision of all catering, food and beverage services for the Facility at the Event and may appoint the Caterer and such other persons as it thinks (in its absolute discretion) fit to provide such catering, food and beverage services (or part thereof).

(b)   Clients are permitted to eat such food and beverages as are provided in the Facility by the Caterer free of charge but are not permitted to bring food or beverages of any description into the Facility without the prior written consent of FOHES (in its absolute discretion).

9.    CLIENT OBLIGATIONS AND ACKNOWLEDGEMENTS

9.1  Display of Tickets

Clients shall comply with all security arrangements and display in a clear and visible manner at all times on entry to and within the Event and the Facility, the correct Ticket (and if requested by FOHES wear a corresponding wristband at the Event) at all times upon entry to and whilst within the Facility and in any area of the Event where the Ticket permits access. FOHES and/or its representatives reserve the right to refuse entry to the Facility to any Client or any other person who does not comply with the security arrangements or who is not displaying such Ticket and/ or is not wearing such wristband, and FOHES and the Caterer each reserve the right to refuse service to a person who is not displaying such Ticket and/or is not wearing such wristband within the Facility.

9.2  Compliance with Directions

The Client shall comply with:

(a)    any security arrangements, directions or notices displayed or given by officers, employees or agents of or persons authorised by the FIA, FOWC, FOM, FOHES or the promoter of the Event including, without limitation, notices, directions or other requirements (including security checks) relating to access and security at the Event, medical matters, evacuation procedures or the conduct of the Client(s) at the Event; and

(b)   the conditions of sale attaching to the Event and the conditions of entry displayed at the entrances to that Event (or elsewhere within the relevant circuit); and all laws, regulations or requirements of any authorities (including, without limitation, the FIA, FOWC, FOM, Formula 1 Marketing Limited (“FOML”) and the promoter of the Event) having jurisdiction over the activities of FOHES, the Event and/or the use or occupancy of the Facility.

9.3  Clients under the age of 18

Any Client who is under 18 years of age must be accompanied and supervised at all times by an adult Ticket Holder. Each person seeking admission to the Facility during the Event must have their own Ticket regardless of their age, with the exception of babes in arms.

Children below the age of seven (7) will only be admitted into the Facility if the parent/guardian of such children sign a letter of undertaking (in the form provided by FOHES) to indemnify the Formula 1 Companies in respect of any liability arising from their decision to bring such children into the Facility and to the Event. This letter may be obtained in advance of the Event by emailing hospitality@f1.com or can otherwise be obtained upon your admission to the Facility.

9.4  Client Acknowledgments and Liability

The Client acknowledges and accepts that:

(a)    motor racing, the Event and certain activities associated therewith (including, without limitation, support races and support events and activities) are dangerous and that some personal risk may be involved in attending the Event and therefore attendance by a Client is entirely at its own risk;

(b)   the Client, to the fullest extent permitted by law hereby:

i.     excludes, releases and forever discharges FOHES, FIA, FOWC, FOM, the sporting organiser, the relevant national sporting authority, the promoter of the Event, Formula 1 Licensing B.V., Formula Motorsport Limited, Formula 1 Asset Management Limited, FOML and any other persons or organisations involved in the organisation, conduct and promotion of the Event (the “Indemnified Parties”) from all liability for claims, loss (including, without limitation, any indirect loss, consequential loss or loss of profit), damage, injury, costs or expenses whether in tort, contract or otherwise arising from or connected with the Event including without limitation any occurrence of fire or theft; and

ii.    indemnifies and holds harmless and agrees to keep indemnified and held harmless each of the Indemnified Parties against any such claims, loss (including any indirect loss, consequential loss or loss of profit), damage, costs or expenses brought by, or arising from any act or omission by it, save that nothing in these conditions limits or excludes (A) liability for death or personal injury arising out of the negligence of any of the Indemnified Parties or (B) any damage incurred by way of fraud or fraudulent misrepresentation by any of the Indemnified Parties;

(c)    Without prejudice to Clause 9.4(e), it is a condition of admission to the Event that each Client agrees that:

i.     notwithstanding Clause 9.4(c)(ii), no Client shall make, create, store, record or transmit any kind of sound recording or visual or audio-visual footage (“Recording”) including photographic images and any still pictures derived or capable of being derived from a Recording (“Image”) or store, record or transmit any information or other data, including official timing, results, performance, telemetry, weather or race control data (“Data”) of, at or in relation to the Event and Clients are forbidden from taking into the Facility or Restricted Access Tours any equipment that may enable a person to carry out any of the aforementioned acts; personal electronic devices (including but not limited to still image cameras, mobile telephones, other personal communications devices and other electronic devices such as drones) are permitted within the Facility and during Restricted Access Tours unless otherwise advised, provided that any Recording, Data or Image of the Event that is recorded, stored and/or created thereon is used only for the personal and private enjoyment of the Client creating the Recording, Data or Image (which does not include use in social media);

ii.    the use of any such Recording, Data or Image for any form of public advertisement, display, commercial gain or for any other purpose (except for the non-commercial use, private and personal enjoyment of the Client (which does not include use in social media) without the prior written consent of FOWC or FOM, is strictly forbidden and shall constitute a breach of these Terms and Conditions for which the Client may be liable; and

iii.   upon the request of FOHES, FOWC or FOM, the Client shall assign to FOWC in writing the copyright and all other intellectual property rights in any Image or Recording of the Event that is created and/or recorded by the Client;

(d)   FOHES reserves the right (exercisable in its absolute discretion) not to allow personal electronic devices to be taken into or used at or within the Facility or during Restricted Access Tours;

(e)    By purchasing a Ticket and/or by attending the Event each Client:

i.     consents to the use by FOHES, FOML, FOWC, FOM (and by any third party approved by FOHES, FOML, FOWC or FOM) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide (in perpetuity and on a royalty-free basis) and approved by FOHES, of any still or moving image or audio-visual recording taken at the Event, where such image or recording includes any image, voice, likeness or image of the Client;

ii.    waives its personality and moral rights to the extent necessary to permit such use; and

iii.   accepts the terms of the Privacy Policy set out in Clause 20 of these Terms and Conditions.

(f)    The Client hereby grants to FOHES and its affiliates the right (exercisable in its absolute discretion) to reproduce and use the name and/or logo of any Client on signboards (or other advertising devices) located within or around the Facility during the Event  and in any advertising and promotional material relating to the Facility and the Client waives all moral and personality rights in relation to such use by FOHES and its affiliates (on a royalty-free basis, in perpetuity and on a worldwide basis).

(g)   The Client unconditionally and irrevocably constitutes and appoints FOHES as its attorney to do, perform and execute all things and documents as may be necessary or desirable to transfer or assign any rights in or to such still or moving images, referred to in Clause 9.4(e) above, to give effect to the same.

9.5  Liability for loss or damage to Property

The Client acknowledges and accepts that:

(a)    any property brought into the Facility or the Paddock Club™ Parking Area by the Client shall be at its own risk; and

(b)   FOHES and its affiliates shall not be responsible for any loss of or damage to, howsoever caused (including without limitation any loss or damage caused by fire or theft), any property of the Client or any property within the possession of the Client which is lost or damaged within the Facility or the Paddock Club™ Parking Area.

9.6  Additional Security Precautions

For reasons of security and safety, FOHES (acting via its nominees or otherwise) reserves the right in its discretion to inspect any bag or other item which any person wishes to bring in to or remove from the Facility, whether before, during or after the Event. The following articles must not be brought within the Facility – knives, fireworks, drones, smoke canisters, air-horns/claxons/vuvuzelas (or anything similar), flares, weapons, dangerous or hazardous items, selfie-sticks, phone jammers, radio scanners, walkie-talkies, laser devices, bottles, glass vessels, and any article that might be used as a weapon and/or compromise public safety or items including protest (of a political, religious or other nature) or offensive slogans or messages.  Any person in possession of such items will be refused entry to the Facility.

9.7  Right to refuse Entry

(a)    FOHES (or any person operating the Facility or any aspect of the Facility for FOHES) may refuse entry to the Facility to a Client (without refund) where FOHES (or such person) regards it as necessary or appropriate to do so on grounds of health, safety, security or public order or where FOHES or such person believes that the admission of that Client would be materially prejudicial to any other person’s enjoyment of the Facility.

(b)   Where a Client in possession of a valid Ticket is refused entry to the Facility under this clause 9.7, FOHES may (in its absolute discretion) issue a partial or full refund of the cost of that Ticket to the Client, in which case neither FOHES nor any person operating the Facility or any aspect of the Facility shall have any further obligation to the Client in respect of the Client’s use or non-use of the Facility on the day in question.

9.8  Smoking

At the Event FOHES may, subject to applicable laws, designate one or more areas within the Facility at the Event as a smoking area, which will be clearly marked as such. Smoking is not permitted anywhere in the Facility outside of a designated smoking area. This is a fundamental condition. Vaping shall only be permissible within the Facility at such Events (and in such areas) as FOHES expressly approves, in its sole discretion, from time to time (and which shall be notified to Ticket Holders at each relevant Event).

10.   BREACH

10.1 Default

If a Client commits any breach of these Terms and Conditions, then on the giving of notice by FOHES to the Client at any time after the occurrence of such breach:

(a)    that Client shall be deemed to have forfeited its rights but not its obligations under these Terms and Conditions;

(b)   FOHES will be free to cancel or re-sell any Ticket(s) held by the Client who is in default;

(c)    FOHES shall be entitled to demand that the Client unconditionally and irrevocably constitutes and appoints FOHES as its attorney to do, perform and execute all things and documents as may be necessary or desirable to transfer or assign its rights, benefits and entitlements; and

(d)   the forfeit of any monies pursuant to Clause 10.1(a) shall not preclude any other rights which FOHES may have under these Terms and Conditions.

10.2 Refund of Monies to Client

(a)    If Client has purchased and/or is using the Ticket for personal use:

i. if the Facility is not open during the entirety of the relevant Event Period and there is no motor racing during the entirety of the relevant Event Period, the Client shall be entitled to either (a) a replacement ticket of equivalent financial value, giving access to the Facility at an alternative round of the 2018 Championship or 2019 Championship, or (b) a full refund for the amount of the Total Fee, provided that the Client applies for such replacement ticket/refund in accordance with Clause 10.2(d);

ii. if the Facility is open during the entirety of the relevant Event Period but there is no motor racing during the relevant Event Period, the Client shall be entitled to a refund equal to 50% of the Total Fee paid for the relevant Ticket, provided that the Client applies for such refund in accordance with Clause 10.2(d); and

iii. if the Facility is open during the entirety of the relevant Event Period and motor racing takes place during the relevant Event Period, but this does not include any qualifying, practice or race sessions of the Championship, the Client shall be entitled to a refund equal to 25% of the Total Fee paid for the relevant Ticket, provided that the Client applies for such refund in accordance with Clause 10.2(d).

(b)  If Client has purchased and/or is using the Ticket in the course of business and both (a) the Facility is not operated by FOHES at all during the Event Period or (b) no motor car races are held at the relevant Circuit during the Event Period (as applicable), and as a consequence the Client does not use or receive any benefit whatsoever from the Facility and services contemplated by these Terms and Conditions during that Event Period. 

(c)   Subject to Clause 10.2(a)-(b) above and without prejudice to any liability of FOHES for death or personal injury caused by FOHES’s negligence or to any liability of FOHES caused by its fraudulence or fraudulent misrepresentation, neither FOHES nor any of the other Formula 1 Companies shall have any further liability or obligation to the Client as a result of the Facility not being operated or no motor car race being held and the Formula 1 Companies shall be released and discharged by the Client from all claims and damages of any kind.

(d) Client must request any refund or alternative tickets to be issued in accordance with Clause 10.2(a) – (b) by either sending an email to hospitality@f1.com or making a written request to Urs Rebsamen, Formula 1 Management Limited, No. 2 St James’s Market, London, SW1Y 4AH in each case by no later than 30 days following the final day of the Event Period. Client must then (a) complete the form provided by FOHES to claim such refund/replacement ticket and (b) provide FOHES with such reasonable evidence of their purchase of the Ticket(s) as FOHES may request. FOHES shall issue the relevant refund or replacement tickets, as relevant, within a reasonable period of receiving such completed forms and any requested proof of purchase.

11.   HOSPITALITY PASSES / SERVICE PASSES (WORKING ACCESS)

(a)    Tickets or passes which are issued by FOHES and marked with the words “Hospitality” (“Hospitality Pass(es)”) or “Service” (“Service Pass(es)”) are (subject to Clause 11(b) below) not transferable and are issued by FOHES (in its absolute discretion) solely for the purpose of permitting the holder of such a pass working access to and around areas within the Event specified by FOHES, on such conditions as FOHES may determine from time to time including, without limitation:

i.     payment of a fee determined by FOHES; and

ii.    on the condition that the holder of the pass agrees not to access or remain in general admission areas, grandstands, hospitality areas or any restricted area, except as is strictly necessary to fulfil the purpose for which the pass was issued.

(b)   FOHES reserves the right (exercisable in its absolute discretion) to issue one or more Hospitality Passes and/or Service Passes which are transferable for the Event between persons specified or approved by FOHES subject to such conditions as FOHES may (exercisable in its absolute discretion) determine.

(c)    Food and drink may not be consumed in the Formula 1 Paddock Club™ by holders of Hospitality Passes or Service Passes without the prior written permission of FOHES who shall be entitled to charge such sum as it sees fit.

(d)   One Hospitality Pass or Service Pass will be issued by FOHES to the Client per 25 Tickets booked by the Client (whether achieved by way of coded permanent pass or by the issue of a specific Hospitality Pass or Service Pass).

(e)    FOHES reserves the right (exercisable in its absolute discretion) to issue additional Hospitality Passes or Service Passes or to code any permanent pass, and if so, to impose such conditions as it deems necessary.

(f)    FOHES reserves the right to issue additional terms and conditions which shall apply to conduct or behaviour of persons holding Hospitality Passes or Service Passes at the Event and/or to the conditions of issue of such passes.

(g)   In addition to the fulfilment of the obligations under this Clause 11, holders of Hospitality Passes or Service Passes shall comply in all respects with these Terms and Conditions as if they were a Client.

12.   PARKING

(a)    For the Event, Paddock Club™ Parking Tickets are issued by FOHES (in its absolute discretion). FOHES reserves the right to restrict and refuse entry to the Paddock Club™ Parking Area to any person not holding a Paddock Club™ Parking Ticket. Paddock Club™ Parking Tickets do not permit the parking of motor homes or caravans in the Paddock Club™ Parking Area. Motorbikes also require a Paddock Club™ Parking Ticket.

(b)   Subject to prevailing weather conditions, the Paddock Club™ Parking Area will be open from 07h00 to 19h00 during the Friday, Saturday and Sunday of the Event unless otherwise determined by FOHES.

(c)    Paddock Club™ Parking Tickets are issued by FOHES (in its absolute discretion) on such conditions as FOHES may determine from time to time. Purely as an indicative guide, the ratio used by FOHES is 1 Paddock Club™ Parking Ticket per 3 Tickets (for the same day) (or in Monaco 1 Paddock Club™ Parking Ticket per 5 Tickets (for the same day). Additional charges will apply for any additional Paddock Club™ Parking Tickets approved by FOHES outside this ratio.

(d)   Tickets or passes issued by FOHES and marked “Chauffeur” pass are not transferable and are issued by FOHES (in its absolute discretion) to holders of Paddock Club™ Parking Tickets. The holder of a Chauffeur pass is entitled to access the circuit and the Paddock Club™ Parking Area by vehicle only when driving a vehicle displaying a valid Paddock Club™ Parking Ticket. The Chauffeur pass only entitles the holder to stay within or in the vicinity of his/her vehicle within the Paddock Club™ Parking Area during the opening hours of the Event for the relevant day.

13.   DRESS/ETIQUETTE/NO PETS

(a)    FOHES reserves the right to refuse or restrict entry to the Facility, and may request the departure from the Facility of any person FOHES deems to be dressed inappropriately or not complying with these Terms and Conditions.

(b)   No animals are permitted within the Facility (although it may be possible for FOHES to make special exceptions for any person that requires an assistance animal, such as a guide dog, for health and safety reasons in order to attend the Event).

14.   AMENDMENT/CONSENTS

FOHES reserves the right to make non-material changes (to reflect operational, security or health and safety requirements of FOHES from time to time) to these Terms and Conditions from time to time acting in its sole discretion. Any material changes shall be agreed between the parties in writing.

15.   NO WAIVER

No failure by FOHES to exercise or any delay in exercising any right, power or remedy by FOHES operates as a waiver of such right. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

16.   SEVERABILITY

Each of the provisions of these Terms and Conditions is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Terms and Conditions but the validity, unenforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby. Nothing in these Terms and Conditions shall in any way limit or avoid FOHES’s liability for death or personal injury caused by its negligence.

17.   ASSIGNMENT

FOHES may assign its rights under these Terms and Conditions to any third party and may perform its obligations under these Terms and Conditions through any third party without the consent of the Client. The rights of the Client under these Terms and Conditions are personal to the Client and may not be assigned or sub-licensed or otherwise transferred by the Client.

18.   THIRD PARTY RIGHTS

The FIA, FOWC, FOM, FOML and the promoter of the Event may enforce the terms of Clauses 7(a), 7(b), 9.2 and 9.4 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

19.   GOVERNING LAW

These Terms and Conditions and any dispute arising out of or in connection with them shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts for the purpose of enforcing any claim or dispute arising hereunder.

20.   PRIVACY POLICY

The website, www.formula1.com (the “Site”) as well as the official Formula 1 app and all other official Formula 1 digital products (together “Digital Products”) are operated by Formula 1 Digital Media Limited. Formula 1 Digital Media Limited is registered in England and Wales with company number 08915039 with its registered office being No.2 St. James’s Market, London, SW1Y 4AH, England (“we”, “us” and/or “our”). This privacy policy (the “Privacy Policy”) outlines the basis on which any personal data we collect, or that you provide to us, will be processed by us.  We are not responsible for the privacy policies of other websites or applications, and encourage you read all applicable terms, conditions and privacy policies when using other websites and applications.

For the purpose of data protection law, we are the data controller. Questions, comments and requests regarding this Privacy Policy and how we use your personal data are welcomed and should be addressed to hospitality@f1.com.

 

Agreeing to our Privacy Policy

By using our Digital Products, you agree to us using your data in accordance with this Privacy Policy. There are certain services that we may not be able to provide if you do not choose to provide relevant information. By using our Digital Products, 

you agree to us collecting and using personal information about you in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Digital Products. You have choices about the data we collect.   

When asked to provide certain personal information you may decline, but where such is necessary to provide a service or feature, your use of that service or feature may be restricted as a result. We will hold your personal information for as long as 

reasonably necessary for the relevant purpose.

 

What information do we collect?

We collect data to operate effectively and provide you the best experiences with our products. You provide some of this data directly, such as when you create an account or contact us for support. We get some of it by recording how you interact with our products by, for example, using technologies like cookies – this may collect data about your use of our Digital Products, your device(s) and your location.

We will collect and process the following data about you (the “Information”):

 

(1) Information you give us. You may give us information about you by filling in forms or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register, subscribe to any service, enter a competition, promotion or survey and when you report a problem. The information you give us may include your name, address, e-mail address, date of birth, nationality and phone number, and preferences.

   (2) Information we collect about you. We may automatically collect the following information:

         (i)      technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, screen resolution details, browser type and version, time zone setting, mobile and network information, browser plug-in types and versions, operating system, platform and information about your geographic location; and

         (ii)     information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Digital Products (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

 

   Cookies

    Our Digital Products use cookies and similar technologies. For more information on the cookies that we use on the Site and their purpose, please see our Cookies Policy at www.formula1.com/cookiespolicy.

  

   How do we use your Information?

We may use your information in a number of ways, including to provide the Digital Products, to personalise and improve the services we offer, to carry out our obligations, communicate with you, to analyse use of our Digital Products and in other   ways that you agree to.

We may share your information with our group companies, law enforcement agencies, service providers, partners, people who operate of take over our Digital Products and third parties that you agree that we can share it with.

We may disclose your information in order to enforce the terms of use of any of our Digital Products, to protect our rights, to comply with applicable laws and as is reasonably necessary to operate our systems and protect us and our users.

We may use your Information:

·        to communicate with you (including by post, phone, email and/or mobile messaging), such as to let you know about new features, offerings (including goods and services) on our Digital Products where you have consented for us to do so;

·        to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

·        to create an individual profile for you so that we can understand and respect your preferences;

·        for record keeping purposes;

·        to administer and provide services you request;

·        to carry out market research so that we can improve the products and service we offer;

·        to improve the quality of our service and security of our Digital Products;

·        to understand you preferences so that we can improve the products and services we offer;

·        in connection with targeting/advertising activities;

·        to track activity on the Site and our Digital Products;

·        in conjunction with personal data legally obtained from third party sources;

·        in such way as you may otherwise expressly consent to;

·        to comply with legal and regulatory requirements; and/or

·        for any other purpose that we may notify to you from time to time.

You agree that we will share your Information with:

·        carefully selected third party organisations to carry out certain processing activities on our behalf where such parties have the necessary protections in place to comply with applicable data protection law;

·        other Formula 1 Companies (including Formula 1 Management Limited, Formula 1 World Championship Limited, Formula 1 Hospitality and Event Services Limited, Formula 1 Marketing Limited and Formula Motorsport Limited);

·        any Formula 1 partner in a manner to which you have expressly consented to (this includes consent by way of opting-in to certain marketing and contact from any of them as part of the registration process) and you agree that such parties can contact you in accordance with such consent;

·        anyone who may take over the running of our Digital Products, or any Formula 1 group company or subcontractors who operate a part of our Digital Products on our behalf. Any other organisations who access your information in the course of providing services on our behalf will be governed by strict contractual restrictions to make sure that they protect your Information and comply with applicable data protection and privacy laws. We may also independently audit these service providers to make sure that they meet our standards; and/or

·        any law enforcement agency requesting it once we are reasonably satisfied as to the circumstances surrounding the request.

We will disclose your Information to third parties:

·        in order to enforce or apply the terms of use of the Site, our Digital Products or any services provided to you;

·        to protect our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;

·        to comply with applicable laws and lawful government requests; and/or

·        to operate our systems properly or to protect our users and ourselves.

Except as expressly stated in this Privacy Policy, we will not sell, share, trade or license your Information to others without your express consent.

 

Children

If you are a child who is using our Digital Products or a parent of a child using our Digital Products, there are additional rules:

It is important to us that children can enjoy the Site and our Digital Products in a responsible fashion.  We encourage parents and guardians to supervise their children's online activities by, for example, adopting parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.

Your child's privacy is important to us. We are committed to safeguarding children's personal information collected online, and to helping parents and guardians and their children learn how to exercise control over personal information while exploring the Internet.

 

If you are under the age of 16, we will require permission from your parent or guardian in order for you to register on our website, unless otherwise stated at the point of registration.  If you are required to provide permission from your parent or guardian, you will be asked to supply the name and email address of a parent or guardian to whom a confirmation email will be sent.  Your account will only become active once your parent or guardian has clicked on the link within the confirmation email to provide their consent.

 

If you are a parent or guardian and would like to review any personal information that we have collected online from your child, have this information deleted, and/or request that there be no further collection or use of your child’s personal information or if you have any questions about our Privacy Policy or practices, you may contact us at hospitality@f1.com.

 

Security

We have security protocols in place to protect your Information from unauthorised access, improper use or disclosure, unauthorised modification, and unlawful destruction or accidental loss. We only allow access to our databases when necessary, and then under strict guidelines as to what use may be made of such data.

  

     Where we store your Information

     We may use service providers to help us run our Digital Products (or services available on our Digital Products). If we or our service providers transfer any Information out of the European Economic Area (EEA), it will only be done with the relevant  

     protection (under UK law) being in place.

    

     Marketing and Unsubscribing

     If you have opted in to receiving marketing materials from us, you may wish to unsubscribe from the list please click on the unsubscribe link in the relevant email or e-mail us at hospitality@f1.com. Except as to the extent you consent to us doing      

     so under this Privacy Policy, we will not share, license or sell these e-mail addresses without your express consent.

   

    Your Rights in relation to your data

     You have rights to access, correct, delete your information or to object to or restrict our processing of it in certain situations. No fee is usually required to exercise these rights, but we may need certain information from you.

In certain circumstances, you have the right to:

·            Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

·            Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

·            Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

·            Object where we are processing your personal information for direct marketing purposes or where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.  Generally, other than in relation to marketing, our processing of your personal data is in order to allow us to provide you a service, so we will be unable to provide the service to you without processing your personal data.

·            Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

We allow you to access, correct and edit your details in the “Account” section of Formula1.com.  If you require any further help from us in relation to the above rights, please email hospitality@f1.com.

No fee is usually required - You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you - We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Changes to our Privacy Policy

Privacy laws and practice are constantly developing. Our policies and procedures are therefore under continual review. We may, from time to time, update our privacy policy. Any such changes will be posted on this page. Please check back frequently to see any updates or changes to the Privacy Policy.

 

How to Complain

We endeavour to meet the highest standards when collecting and using personal information, however if you wish to lodge a complaint as to how we collect and process your Information please contact hospitality@f1.com. You may also wish to lodge a complaint with the Information Commissioner’s Office, the UK’s independent body set up to uphold information rights. You can find further details as to how to do this at https://ico.org.uk/concerns/.

We use cookies to personalise your experience and analyse traffic to this site. Information about your use of our site is shared with our social media, advertising and analytics partners who may combine it with other information that you´ve provided to them or that they´ve collected from your use of their services. For more information, read our Privacy Policy.