General Terms of Sale 2014
Cancels and replaces any version earlier than 15/11/2014
Article 1: Booking and payment methods for a driving course
Booking and payment of a driver training course with AGS F1 can be completed in three ways: by phone with a consultant, through the booking interface on the www.agsformule1.com website or by postal mail by returning the registration form corresponding to your programme and these GTS at the address below;
Depending on the case, payment may be by cheque, by bank card (option of paying in three instalments without charges) or by bank transfer. In the case of payment by cheque, the company disclaims all liability in the event of the loss or delay of delivery of the letter. The cheque must be payable to AGS F1 and sent to the following address: AGS F1 | ZA Circuit du Var | 83590 Gonfaron, FRANCE. Payments by bank transfer are made to the CIC bank account with the following references: Bank: 30027 / Counter: 17729 / Account: 00020053505 / Key: 35 or IBAN: FR76 3002 7177 2900 0200 5350 535 / BIC-SWIFT: CMCIFRPP. The purchase date corresponds to the actual date of receipt of the payment.
The purchaser may choose to pay for the driver training course by paying at the time of booking:
- the total amount for the course in cash or in three instalments without charges (1st third debited on the booking day, 2nd third a month later, 3rd third two months later);
- a deposit for 50% of the total amount and the balance no later than 10 days before the date of the chosen course.
Article 2: Right of Withdrawal
Within 14 days of the purchase date of the course (with or without a date), the customer is able to withdraw. The request must be made in writing (postal mail or fax +33 (0)126.96.36.199.45 only). A refund shall be paid within one month. If the purchase has been made by payment in 3 instalments without charges, the refund shall take place only on receipt of the 3rd payment. However, in accordance with Article L 121-20-2 1 of the Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of a service whose performance has begun, with the agreement of the consumer, before the end of the period of fourteen (14) clear days. The refund cannot therefore be made if the shipment by postal mail (letter or gift box) has already been made. All refunds are made by bank transfer on receipt of the purchaser's bank details only.
More than 14 days after the training course purchase date, no refund (even partial) shall be made. However, the customer may change the name of the beneficiary and/or the formula chosen for another formula provided the final amount is greater than or equal to the original amount.
Article 3: Choice of the date of the training course and start time
When making the purchase, the purchaser may choose to take a Driving Course, without a predefined date, valid for a period of one year from the purchase date. In this case, AGS F1 sends by e-mail (instant) or by postal mail (the Post Office's shipping time), depending on the customer's choice, a Gift Voucher without a date which is to be given to the beneficiary of the course. He uses the custom interface on www.agsformule1.com or calls AGS F1 +33 (0)188.8.131.52.00 to choose and confirm a course date. The start time for the Driving Course is confirmed with one week's notice to the driver and to the buyer by e-mail and by SMS.
If when making the purchase, the purchaser chooses a course date, AGS F1 sends him by e-mail (e-mail (instant) or by postal mail (the Post Office's shipping time), depending on the customer's choice, a course attendance notice for the selected date. In this case, it is the purchaser's responsibility to give the attendance notice to the beneficiary of the course. The start time for the driver is sent to the driver and to the buyer by e-mail and by SMS.
AGS F1 disclaims all liability in the event of the absence of the driver on the day of the course (see Article 5 Rescheduling Conditions). In particular, no refund or rescheduling to another date may be made. Purchasers and/or drivers not communicating a mobile number or email address must call AGS F1 on +33 (0)184.108.40.206.00 to find out their course start time.
The imperatives of organising Formula 1 training courses do not allow AGS F1 to call customers to attend according to their wishes. The beneficiary therefore undertakes to accept and to be present at the start time that will be sent to him by AGS F1 (enquire at the time of booking for more details). Respecting the start time ensures the smooth running of the programme under conditions of maximum security. Accordingly in the event of a delay of more than 30' on the day of the training course, AGS F1 reserves the option either to reduce the initially planned service or reschedule the beneficiary's participation in return for compensation of 50% of the price of the course (excluding options). In either case, AGS F1 shall not be bound to give any compensation.
Article 4: Validity expiry date and deadline for completing the course
The validity expiry date for the course corresponds to the purchase date (as defined in Article 1) plus one year. The deadline for completion of the course corresponds to the last date offered in the AGS F1 schedule for the circuit mentioned on the ticket. The deadline for completion of the course systematically occurs before the validity expiry date. It is therefore the customer's responsibility to choose his course date sufficiently early to be able to complete his course before the course completion deadline and therefore before the ticket validity expiry date. To facilitate this procedure, AGS F1 encloses the schedule of course dates when purchasing a gift voucher and regularly informs the buyer and the beneficiary by email of the available future dates. The schedule is moreover available and updated in real time on the www.agsformule1.com site. Since places for the courses are filled every day, certain dates which are available at the time of purchase will perhaps no longer be so when the beneficiary decides to choose his date. It is therefore advisable to reserve the course date as quickly as possible to avoid any possibility of the schedule being full before the validity expiry date. In this case, AGS F1 may not be held responsible.
If the course completion deadline has passed but the ticket has not reached the validity expiry date, the customer is able to extend the validity of his ticket for 6 months in return for a set fee of 49 inc-VAT for the "F1 Tw-seater Hot laps" programme and 149 inc-VAT for any other programme.
Once the validity expiry date has passed, the course is lost.
Article 5: Conditions for rescheduling a course to another date
A course date may be freely rescheduled by the beneficiary as many times as necessary subject to availability and subject to the ticket's validity up to 4 weeks before the date of the chosen course date. This period is reduced to 1 week for customers who have subscribed to the "Serenity" Pack which allows the course to be rescheduled once only.
Beyond this period:
- in the event of serious illness, accidents or exceptional events which the beneficiary must attend and preventing him from completing his course, the customer undertakes to inform AGS F1 of his rescheduling request within 24 hours (by telephone +33 (0)220.127.116.11.00 or by email email@example.com) and to transmit within 8 days by fax (+33 (0)18.104.22.168.45 ) or by postal mail appropriate documentary proof (sick-leave certificate, hospitalisation certificate etc.). After validation by AGS F1 of the exceptional and unforeseeable nature of the event, the customer shall be able to reschedule his course in return for the payment of set immobilisation compensation corresponding to 20% of the price of the course (excluding options). The course validity expiry date is also automatically pushed back by 6 months. The set compensation is not due for customers who have subscribed to the "Serenity" Pack which allows the course to be rescheduled once;
- in all other cases, rescheduling the date shall not be accepted and the customer may not be able to claim any refund or compensation for the sums already paid. However, the customer has complete freedom to change the beneficiary of the course up until the day before the course.
Weather conditions may in no case constitute a case of force majeure such as to justify rescheduling the scheduled date by the beneficiary.
Article 6: Conditions of a course cancelled by AGS
- In the event of insufficient participation in the planned course, AGS F1 may decide to cancel it. In this case, the trainees whose course is scheduled for that day shall be notified no later than one week in advance by email and SMS text messages.
- In the event of compliance repair work that is not planned and required by the circuit for safety reasons (following damage etc.), AGS F1 may have to cancel a course date. Given the sudden and very exceptional nature of this situation, this cancellation may occur on the day before the course. The customer shall be informed of it at the earliest opportunity by SMS and by email.
- If the weather conditions do not allow the safety of the course to be guaranteed, namely snow, ice or heavy rain, AGS F1 reserves the right to totally or partially cancel the course. Given the sudden nature of these events and, depending on their severity, this cancellation may occur on the day of the course. The customer shall be informed of it at the earliest opportunity by SMS and by email.
In the event of the cancellation of a course at AGS F1's initiative according to the above circumstances, the dates available before the ticket's validity expiry date shall then be proposed again to the beneficiary.
Should the cancellation be made less than 2 months before the ticket's validity expiry date, this date shall be automatically and free of charge be pushed back by an additional 3 months.
Should, on the cancellation date, no other date then be proposed or available before the ticket's validity expiry date or should it have already passed, the customer shall not be able to reschedule a course date, however, he may pay compensation of 49 inc-VAT for the "F1 Tw-seater Hot laps" programme and 149 inc-VAT for any other programme to extend its validity expiry date by 6 months.
In no case, shall the cancellation of a course at AGS F1's initiative result in any claim for compensation from the buyer and/or the driver.
Article 7: Undertakings by the course participant
The trainee should be at least 18 years of age, and have a valid driving licence.
The trainee (or his representative) solemnly declares that he is in good health and is not under the influence of any medical treatment that impairs driving.
The trainee (or his representative) states being aware of the risks inherent in driving a sports vehicle and accordingly discharges the managers, employees and partners of AGS F1 of any liability in the event of an accident that occurs during the day.
The trainee undertakes to observe scrupulously the safety and driving instructions stated during briefings and throughout the course by the course Supervisor and the supervising staff. It is recalled that in the event of dangerous behaviour or a failure to observe one of these instructions, the course Supervisor reserves the right to end the trainee's participation in the day, with no refund, even partial, being made.
The trainee undertakes not to imbibe alcohol before and during the day (except after the last driving session). AGS F1 reserves the right to check the blood alcohol levels of participants at any time using a portable breathalyser. Should the trainee refuse to submit to this check or, should the result exceed 0.1 g/l of alcohol in the blood, AGS F1 reserves the right to refuse the participation of the trainee in question in the day without the latter being able to claim any refund.
The trainee undertakes not to absorb illicit substances (drugs, substances with euphoric effects etc.) or medicines with side-effects incompatible with driving.
As of the trainee's entry and that of persons accompanying him onto AGS' premises and the grounds of the circuit, the trainee authorises AGS F1 and its partners to photograph and to record by all audio-visual means at its convenience, the various situations in which he (and the persons accompanying him) may be involved. In particular, AGS F1 shall be authorised to film and record conversations held inside reconnaissance vehicles. These audio-visual media shall be royalty-free.
Article 8: Performance of the service
AGS F1 undertakes to perform a driving course service comprising, in particular, the provision to the participant of the course for x laps of the vehicle(s) included in the package. In the event of the non-availability of the vehicle planned in the package, AGS F1 undertakes to offer a vehicle in the same price category or higher category. In this case, the customer shall be informed of this situation at the earliest opportunity by phone and by email.
Article 9: Deposit
"Formula 3/Race prototype" programmes: No deposit required but the trainee shall be informed that in the event of damage to equipment due to driver error and thus involving his liability, a set fee of 1,000 shall be requested and payable on the day of the course by cheque or Bank Card. The invoice for the repairs shall be sent to the trainee with a refund of the overpayment if applicable. The buyer or the trainee may also subscribe to the "F3/Proto Serenity " Pack to reduce to 200 the fixed amount in the event of a loss for which the trainee's liability is involved.
"F1 Evolution", "F1 Performance", "F1 Prestige", "F1 VIP" programmes: No deposit required but the trainee shall be informed that in the event of damage to equipment due to driver error and thus involving his liability, a set fee of 6000 shall be requested and payable on the day of the course by cheque or Bank Card. The invoice for the repairs shall be sent to the trainee with a refund of the overpayment if applicable. The buyer or the trainee may also subscribe to the "F1 Serenity" Pack to reduce to 1000 the fixed amount in the event of a loss for which the trainee's liability is involved.
Article 10: Accompanying persons
For safety reasons, the number of accompanying persons per trainee is limited to 4 persons. AGS F1 may not be held responsible by accompanying persons for damage occurring outside the circuit or its premises. The presence of children under 10 years of age is strongly discouraged on the circuits. Children remain in all situations and in all places under the full responsibility of their parents. The safety information provided by the AGS F1 supervisors during the briefing for accompanying persons must be observed subject to them being excluded from the circuit. Animals, even on a leash, are prohibited.
Article 11: "Video" products
AGS F1 proposes as an option, two "Video" products: the Complete Video Story on DVD and the Onboard Cam Record of the driving sessions on USB key.
- The Complete Video Story on DVD is readable on DVD and PC decks (subject to the operation of this reading equipment). It is shipped on average 3 to 4 weeks after the course by postal mail to the delivery address indicated during the order process or at the start of the course. AGS F1 may not be held responsible for the consequences due to delayed delivery. For any delivery problem (non-receipt, damaged DVD, unreadable DVD etc.), the recipient has a period of 2 months following the date of the course to report it. After this period, the issuance of a new DVD will be impossible and no claim or refund shall be accepted.
- The Onboard Cam Record of the driving sessions is sent 10 days after the course on a USB key. The USB key includes the trainee's driving sessions in simultaneous dual-view in all the vehicles in which he is behind the steering wheel (excluding therefore the reconnaissance and hot laps). Playback of the video files from the USB key will be possible only on a computer with the Windows operating system (no Mac).
In the latter case, the video product only includes recordings of the car in motion. The difficult work environment caused by the activity of the driving training courses (vibrations, changing brightness, difficult sound environment etc.) may lead to vagaries:
- Switching from the simultaneous dual-view system to the single-view, occasionally or throughout the session;
- Occasional crackling sounds;
- Appearance of video interference related to the onboard electronics of certain vehicles;
- Occasional back-light;
- Recording defect.
Should one or more of these unpredictable events occur, or due to a technical or human problem, some recordings may not be included on the USB key. Complaints shall then be processed on a case-by-case basis directly with the beneficiary, on the following bases:
- A full refund of the purchase price of the Onboard Cam Record product in the event that no record is available;
- Reimbursement of half the Onboard Cam Record product if it has only a single recording for the courses comprising at least 2 driving sessions;
- No refund shall be made if the Onboard Cam Record product includes at least 2 recordings.
The refund of the Onboard Cam Record product in the above cases shall be made exclusively by bank transfer within 30 days of the receipt of the bank details provided by the customer.
The customer acknowledges that the "Video" product is an ancillary service and may not be considered to be a key element of the purchase. The non-issuance of the "Video" product does not call into question the reality of the delivery of the driving course service.
Article 12: Insurance
AGS F1 is insured by the Mutuelle des Transports Assurances, 28 rue Cambaceres, 75008 Paris, under a professional comprehensive insurance contract No. 607 036. In the event of a claim for which it is held liable, the maximum amount covered is 6,000,000 per claim.
In the event of a claim which it not attributable to it, AGS F1 has taken out individual accident insurance covering the beneficiary for a fixed amount of 20,000 in the event of death and 50,000 in the event of permanent disability. The beneficiary is completely free to complement this cover by individual insurance should these conditions not suit him.
Accordingly, the trainee shall not seek AGS F1's liability for an amount greater than the cover specified above and subscribed to in the contract, the special conditions of the contract and special agreements 316. The signing by the trainee, or his representative on behalf of him, of these general terms of sale and the discharge of liability on the day of the training course, limits the liability of AGS F1 to the amounts stated above.
Article 13: Liability
AGS F1 may not be held liable for the non-performance of the contract in the event of force majeure, disruption, or total or partial strike, in particular of the postal services and means of transport and/or communications, floods or fire.
Under no circumstances shall AGS F1 be liable for material losses or indirect bodily harm, indirect losses, loss of profits, financial losses or any other losses which may arise from the provision and use of the products, regardless of the basis of the type of liability concerned.
In the event of a claim recognised as justified by AGS F1, its liability is limited to the replacement of the goods found to be faulty, or the effective performance of the service ordered, without any possibility of claiming compensation and/or a penalty in any capacity whatsoever.
Article 14: Assignment of jurisdiction
Any dispute relating to this sale, even in the event of the joining of third parties or multiple defendants, shall come under the exclusive jurisdiction of the courts in the jurisdiction of which AGS F1's registered office is located.