1. GENERAL
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR EVENT TICKETS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR PURCHASE EVENT TICKETS FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.
These terms and conditions (these "Terms") apply to the purchase and sale of tickets through the McLaren Experiences website (the "Site") for the event(s) described therein (the "Event"). These Terms are subject to change by McLaren Automotive Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any Event tickets that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).
2. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all Event tickets listed in your order. All orders must be accepted by us or we will not be obligated to sell the Event tickets to you. We may choose not to accept orders at our sole discretion. A binding contract shall only be formed upon us issuing a written order confirmation by email.
3. PRICES AND PAYMENT TERMS
a. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for an Event ticket will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
c. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Payments must be made using our selected third party online payment platform.
4. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
a. We will arrange for delivery of the products to you by email.
b. Risk and title shall pass on payment in full. Please ensure the email address you provide is correct and check your junk mail folder. We are not responsible for failed delivery.
5. CANCELLATIONS
a. We may terminate the contract or amend the Event details by providing at least 28 days’ written notice to you. If we terminate the contract, or if we amend the Event details and you confirm to us in writing that you no longer with to attend, we will refund you in full for the price paid.
b. If you wish to cancel your order, you must notify us in writing. If you notify us in writing that you wish to cancel your order, the contract will be terminated immediately and the following terms shall apply:
i. A refund of one hundred percent (100%) will be given for cancellations received ninety (90) days prior to the start of the event;
ii. a refund of seventy five percent (75%) will be given for cancellations received between sixty one (61) days and eighty nine (89) days prior to the start of the Event;
iii. a refund of fifty percent (50%) will be given for cancellations received between thirty one (31) days and sixty (60) days prior to the start of the Event; and
iv. no refund will be issued for cancellations received within thirty (30) days of the Event, nor failure to attend.
c. If you wish to cancel your order because of the Covid-19 pandemic, you may be entitled to a refund for any costs paid directly by you to McLaren as part of the Event. You will be entitled to a refund in the following situations:
i. The government of the country or state in which the Event is due to take place enforces a lockdown in that country or state over the period of the Event due to the Covid-19 global pandemic.
ii. The government of the country or state in which the Event is due to take place prohibits all bar essential travel from your departure country or state to the Event due to the Covid-19 global pandemic.
iii. Please note, it is your responsibility to have read and understood the destination country or state’s travel requirements. If travel to the destination country or state is possible, but you are unable to travel due to inadequate or missing Covid-19 related documentation or certification (such as mandated Covid-19 test results, or your vaccination status), you will NOT be entitled to a refund.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE EVENT TICKETS YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
7. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying event tickets from the Site for your own personal or household use only, and not for resale or export.
8. PRIVACY
We respect your privacy and are committed to protecting it. Our Privacy Policy, which is available at: www.cars.mclaren.com/gb-en/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
9. FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. GOVERNING LAW AND JURISDICTION
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
11. DISPUTE RESOLUTION AND BINDING ARBITRATION.
a. YOU AND MCLAREN AUTOMOTIVE INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
b. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
d. YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR MCLAREN AUTOMOTIVE INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of McLaren Automotive Inc..
14. NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. NOTICES
a. To You.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Us.
To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to The President, McLaren Automotive Inc., 1405 South Beltline Road, Suite 100, Coppell, Texas 75019. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. SEVERABILITY
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. ENTIRE AGREEMENT
Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.