TERMS AND CONDITIONS
By purchasing a gift-voucher or making a reservation for a Prancing Horse Ferrari Drive Experience, you acknowledge that you have read and agree to be bound by these Terms and Conditions:
1. Drive Experiences provided by Prancing Horse
1.1. Prancing Horse reserves the right to add, withdraw, substitute and/or vary advertised vehicles, routes, prices, and departure time (‘Arrangements’) for a Drive Experience or Gift Voucher, without notice. However reasonable effort will be made to maintain Arrangements as advertised.
2. Requirements to Participate
2.1. Eligible Drivers must be at least 25 years of age and in possession of a valid driver’s licence which they must have held for a minimum period of 3 years. The Participant authorises Prancing Horse if necessary, to make enquiries with the local traffic authority in relation to the validity of the Participant’s licence.
2.2. All Participants should be in good health and be of sound mind.
2.3. All Participants must hold a valid Proof of Purchase and must be able to show proof of their identity, excluding passengers under the age of 18 years.
2.4. Any Passengers must be a minimum age of 10 years.
2.5. All Participants will be required to sign a Participant Declaration and Disclaimer Form. The Form includes but is not limited to statements that the Participant has read and understood Prancing Horse’s health and safety information, which sets out, among other things, the conditions under which the Participant should not participate in a Drive. Participants enter Balgownie Estate and Prancing Horse’s premises at their own risk.
2.6. All participants (‘Drivers and Passengers’) in a Drive-Day or Overnight Escape are required to arrive at the starting location no later than 15 minutes after the scheduled departure time printed on their notification, voucher, or confirmation letter (‘Proof of Purchase’). Prancing Horse may at its discretion refuse participation, without refund should this arise.
2.7. Prancing Horse reserves the right to perform a breath test on all Participants. Participants will be immediately refused participation in a Drive Experience, without refund if their blood alcohol concentration is NOT 0.00%, if they refuse to be breath-tested or if they are under the influence of drugs (legal or illegal).
3. Refusal of Participation
3.1. Prancing Horse reserves the right to refuse any person, for whatever reason, participation in a Drive Experience, at Prancing Horse’s absolute discretion, whether or not that person has already purchased a Drive-Experience.
4. Insurance Excess
4.1. Insurance is provided for each Participant on the provision that they agree to pay a maximum ‘AT-FAULT’ insurance excess of A$10,000 in the event of an accident or any damage where it is deemed by the traffic authorities or by Prancing Horse that the Participant is at fault.
4.2. If the cost of the repair is deemed less than the excess by Prancing Horse, then the participant will be charged the repair cost.
4.3. A security bond is not required.
5. During the Drive-Experience
5.1. All Participants must obey the directions and instructions of Prancing Horse’s Tour Leaders, must not disturb other Participants or interfere with the Tour Leader’s ability to conduct the Drive-Experience in a safe and secure manner, and must not damage, deface or remove any part of the vehicles or any equipment supplied for the Drive-Experience.
5.2. All Participants agree to obey and abide by road rules as this is a non-competitive event and agree not to drive any vehicle in a manner deemed unsafe, dangerous or negligent.
5.3. Smoking is not permitted in any vehicle at any time – $500.00 detailing fee applies.
5.4. Prancing Horse retains the right to remove from a Drive-Experience any participant who does not comply with these Terms, without Refund.
6. Terms of Payment
6.1. All Drive-Experience bookings (including deposit payments) and gift-vouchers are a non-refundable purchase but may be transferrable to another Participant subject to all terms and conditions and eligibility criteria. Refunds are not available due to a ‘change-of-mind’ circumstance.
6.2. Drive-Experiences, Gift Vouchers and Gift Certificates, and rights or entitlements to Drive-Experiences, Gift Vouchers and Gift Certificates or to purchase Drive-Experiences, Gift Vouchers and Gift Certificates, must not be offered as prizes, offered for sale or resale, or resold or used for any commercial purpose (including, without limitation, promotion of any supplier or any supplier’s products or services) without Prancing Horse’s prior written consent. If Prancing Horse reasonably believes that any other activities have occurred without such consent, the holder of the reservation, Gift Voucher or Gift Certificate may be refused participation in a Drive-Experience, without payment or any compensation whatsoever.
6.3. All Drive-Experiences must be paid for at the time of making the reservation unless otherwise agreed by Prancing Horse in advance, and then only after filling our a credit application form. Payment for sales on credit must be made 14 days from the date of invoice. Prancing Horse reserves the right to cancel reservations that are not paid for within credit terms.
6.4. Prancing Horse reserves the right to charge fees on the purchase of Drive-Experiences, on changes to reservations and on Gift Vouchers or Gift Certificates purchased.
7. Terms of Postponement and Cancellation
7.1. Drive-Experiences will not proceed should Prancing Horse decide in its absolute discretion, whether for safety reasons or otherwise, to cancel a Drive-Experience.
7.2. Should a Drive-Experience not proceed, Participants will be re-scheduled to an alternative date at a mutually convenient time.
7.3. Prancing Horse reserves the right to cancel or postpone any Drive-Experience without notice and may not be held responsible for the incurrence of any associated costs or ‘Out of Pocket’ expenses resulting from postponement or cancellation of any Drive-Experience.
7.4. Participants may postpone their Drive-Experience to a later date provided they contact Prancing Horse at least SEVEN (7) days prior to their scheduled Drive-Experience. Reduction in the number of Participants is not permitted.
8. Miscellaneous Conditions
8.1. Photographs and Video purchased from or supplied by Prancing Horse remain copyright to Prancing Horse, and may only be used or reproduced by the purchaser or recipient for private or domestic purposes, and must not be used for any commercial purpose (including promotion of any supplier or any supplier’s products or services) without Prancing Horse’s prior written permission.
8.2. Prancing Horse has the authority to use and reproduce any photograph or video taken of Participants for any purpose, without prior notice or payment of compensation to Participant.
8.3. Prancing Horse reserves the right to inspect any bag or container brought onto Prancing Horse’s premises or brought onto a Drive-Experience.
9. Prancing Horse’s Liability
9.1. Nothing in these Terms excludes, limits or modifies any condition, guarantee, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, limited or modified. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. Subject to the last sentence, express or implied guarantees, representations, conditions, warranties and other provisions relating to these Terms, or provision of products and services as contemplated by these Terms, are excluded from these Terms to the maximum extent permitted by law.
9.2. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a ‘Non-Excludable Provision’), and Prancing Horse is able to limit remedy for a breach of that Non-Excludable Provision, then the liability of Prancing Horse’s election: in the case of products, to: replacement of the products or supply of equivalent products, repair of the products; payment of the cost of replacing the products or of acquiring equivalent products; or payment of the cost of having the goods repaired; and in the case of services, to: supply of the services again; or payment of the cost of having the services supplied again. This clause 9.2 is subject to clause 9.3.
9.3. Section 139A of the Competition and Consumer Act 2010 (Cth) in certain circumstances permits a term of a contract for the supply by a corporation of recreational services to limit liability of the supplier pursuant to section 74 of that Act for death or personal injury relating to that supply. To the extent permitted by section 68B, Prancing Horse limits its liability for death or personal injury relating to the supply of recreational services to A$100,000 per occurrence.
9.4. Subject to clauses 9.1, 9.2 and 9.3 and to the extent permitted by law, Prancing Horse excludes liability and will not be responsible for loss or damage arising from: Participants failure to obey Prancing Horse’s safety directions or instructions; any pre-existing medical or psychological condition; any negligent act or omission of Prancing Horse or any person for whom Prancing Horse is responsible; any delay in a scheduled Drive-Experience taking place; and any loss of or damage to vehicles, valuables or luggage placed at Prancing Horse’s premises.
9.5. Subject to clauses 9.1, 9.2, 9.3 and 9.4, and to the extent permitted by law, the Participant releases and discharges Prancing Horse from any claim, action, demand or proceeding (including those arising from negligence, to the extent permitted by law) relating to or arising from participation in a Drive-Experience.
10.1. When Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify Prancing Horse for any loss, damage or expense incurred by Prancing Horse as a result of any misrepresentation, breach of contract by or act of negligence of the Reseller.
11. Gift Vouchers and Gift Certificates
11.1 Gift Vouchers and Gift Certificates are non-refundable, but are transferable.
11.2 Prancing Horse reserves the right to discontinue any product that may be acquired with a valid Gift Voucher or Gift Certificate, but agrees to substitute the discontinued product with any other item to the same value.
11.3 A Gift Certificate must be redeemed within 12 months of the date of purchase.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Prancing Horse and each purchaser and Participant submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of these Terms and any dispute between them.
Prancing Horse Drive Experiences Pty Ltd ABN 41 123 033 625 trading as Prancing Horse
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