Hospitality Pass Terms and Conditions
Agreement of the Parties
These Terms and Conditions constitute the entire agreement between FORMULA E and the Client for
the acquisition and use by the Client of one or more Passes and shall be deemed to have been accepted
by the Client when the Client submits a Registration Form to the Provider. The Client is obliged to
procure that any Guest complies with these obligations. The Client should be aware that each venue
that hosts an Event may have its own terms and conditions which should be considered in addition to
those stated herein.
1. Definitions
The following definitions apply unless the context requires otherwise: “FORMULA E” means
Formula E Operations Limited, of 3 Shortlands – 9th Floor, Hammersmith, London, W6 8DA –
UK, its successors and permitted assigns;
“Authorised Seller” means a person who has been authorised in writing by FORMULA E to sell
Passes in respect of any Event including but not limited to;
“Booking” means an order for Passes which has been accepted by FORMULA E on an Order
Confirmation or on another form of written document acceptable to FORMULA E;
“Catering Supplier” means the persons or organisations appointed by or approved by
FORMULA E to provide catering, food and beverage services for the Facility in respect of the
relevant Event;
“Championship” means FIA Formula E Championship;
“Client” means the party named and described as the “Client” on the Order Confirmation or such
other person or organisation as may be substituted therefore with the written consent of
FORMULA E and where the context so requires shall include any employee, representative, agent
or contractor acting on the Client’s behalf;
“Event” means a round of the FIA Formula E Championship at an applicable Season;
"Event of Force Majeure" means any event or circumstance not within the reasonable control of
FORMULA E, but only if and to the extent that (i) such circumstance, despite the exercise of
reasonable diligence and the observance of good practice, cannot be, or be caused to be,
prevented, avoided or removed by FORMULA E, and (ii) such circumstance materially and
adversely affects FORMULA E’s ability to perform its obligations under these Terms and
Conditions, and FORMULA E has taken all reasonable precautions, due care and reasonable
alternative measures in order to avoid the effect of such event on its ability to perform its
obligations under these Terms and Conditions and to mitigate the consequences thereof. This
includes without limitation, any strike or labour disturbance (except of its own employees or
contractors), lockout, fire, satellite or other communications links, abnormally inclement climate
conditions, collapse of buildings, fire, explosion or accident, flood, lightening, storm, explosion,
earthquake, subsidence, epidemic, pandemic or other natural physical disaster, riot, disease,
terrorist attack, civil commotion or armed conflict, war or terrorist action or the threat of any of
the foregoing, embargo or breaking off of diplomatic relations, any law or any action taken by a
government or public authority, including without limitation imposing an export or import
restriction, quota or prohibition, or failing to grant a necessary licence or consent.
“Event Period” means such Opening Hours and day(s) as FORMULA E advises the Client that
the Facility is open and available to the Client for the relevant Event;
“Facility” means the different areas of the Event venue accessible with the Passes;
“Fee” means, if applicable, the Fee advised by the Provider on an Order Confirmation (or
otherwise) as being payable by the Client for the Passes plus VAT or any other applicable taxes.
“FEH” means Formula E Holdings
"FERO" means Formula E Race Operations;
“FER” means Formula E Rights B.V;
“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;
“Guest” means the Client and/or any guest, invitee, employee, officer, representative, agent or
contractor of the Client who attends the Facility or has a Pass;
“Opening Hours” means the hours during which the Facility is open to the Client as advised by
FORMULA E from time to time;
“Order Confirmation” means a written confirmation by the Provider to the Client that the
Registration Form has been received and accepted;
“Parking Pass” means a parking Pass or sticker issued to members of the Guest at the discretion
of FORMULA E permitting parking in the Parking Area;
“Parking Area” means a dedicated parking area allocated by FORMULA E (or by the promoter)
at an Event for use by members who hold a Parking Pass;
“Pass/Passes” means a Pass, voucher or other form of pass issued by FORMULA E permitting
access to the Facility during the Opening Hours of an Event;
"Pass Holder" means the Client or an Authorised Seller in its capacity at Pass Holder of the
Passes, as the case may be;
"Provider" shall mean FORMULA E or an Authorised Seller in its capacity at seller of the
Passes, as the case may be;
“Registration Form” means a request for Passes on a FORMULA E PDF or web-hosted
application form (or on such other document as may be acceptable to FORMULA E from time to
time);
"T&P" means Team and Partners of Formula E;
“Terms and Conditions” means these standard terms and conditions;
“Website” means the website www.fiaformulae.com or at such other web address or URL used
by FORMULA E from time to time in relation to the Events.
2. Pass Requests
FORMULA E reserves the right exercisable in its absolute discretion to determine whether or
not any requests contained within a Registration Form for the purchase of Passes are
acceptable. The Client should only consider the requests therein as accepted if they receive
confirmation in writing via email.
3. Issuance of Passes
3.1 Issue of Passes
FORMULA E shall be under no obligation to issue any Passes or provide any other benefits
in relation to the Facility until the Fee has been received by FORMULA E from the
Client/Pass Holder.
3.2 Pass Collections
FORMULA E reserves the right to nominate and notify the Client (either directly or through
the Authorised Seller) of the location where (and when) the Client can collect Passes, and
whether identification or an electronic ticket must be displayed as proof of authority.
3.3 Additional Passes
Additional requests to acquire Passes during an Event may be accepted by FORMULA E in
its absolute discretion and subject to such conditions as FORMULA E may advise. If payment
is required such additional requests, it will be subject to VAT or any other applicable tax.
3.4 Concession Passes
FORMULA E may from time-to-time at its own discretion offer discounted prices for
children’s Passes to some Events. Please email vip@fiaformulae.com if you wish to make an
enquiry regarding such discounts. Under no circumstances can Guests of any age enter the
Facility without a Pass.
3.5 Provision of Passes
If payment is required and subject to these Terms and Conditions, FORMULA E agrees to
issue to the Pass Holder the number of Passes for which full payment of the Fee has been
received. Lost Passes will not be refunded or replaced without the consent of FORMULA E
exercisable in its absolute discretion. In the event that the Provider advises the Client that it is
unable (or there is not sufficient space or availability) to provide the Client with the number
of Passes to the Facility for which payment of the Fee, if any, has been made, the Provider
shall, within sixty (60) days of the Provider advising the Client, refund to the Client an
amount equal to the price paid by the Client for such number of the Passes as FORMULA E
does not provide and FORMULA E shall have no further liability or obligation in respect of
such Passes.
4. Event Alteration
If an Event is altered:
4.1 Pass Holders acknowledge that Events may be delayed, interrupted, rescheduled or
postponed. FORMULA E will use reasonable efforts to communicate such delays,
interruptions, rescheduling or postponements to Pass Holders. As soon as possible after
FORMULA E becomes aware of an Event being delayed, interrupted, rescheduled or
postponed, all available information will be posted on www.fiaformulae.com. It is the
responsibility of a Pass Holder to ascertain whether an Event has been delayed, interrupted,
rescheduled or postponed and any new dates and times. FORMULA E does not guarantee that
Pass Holders will be informed of such delay, interruption, rescheduling or postponement
before the date of the Event concerned.
4.2 If an Event’s scheduled start time is delayed but the Event is completed on the same calendar
day, Pass Holders holding Passes for the delayed Event shall not be eligible for a refund.
There will be no exchanges of Passes for other Events.
4.3 If an Event commences as scheduled and is interrupted after it begins, and FORMULA E
determines that it was substantially completed, Pass Holders holding Passes for the
interrupted Event shall not be eligible for a refund. There will be no exchanges of Passes for
another Event.
4.4 If an Event commences as scheduled, is interrupted, and FORMULA E determines that the
Event was not substantially completed, and the Event is rescheduled to take place a different
day, the Pass Holder may retain his or her original Pass for admission to the rescheduled
Event. Pass Holders holding Passes for the rescheduled Event shall not be eligible for a
refund. There will be no exchanges of Passes for another Event.
5. Event Cancellation
If an Event is cancelled:
5.1 If an Event is cancelled (i.e. not held at all), FORMULA E will use reasonable efforts to
communicate such cancellation to Pass Holders. As soon as possible after FORMULA E
becomes aware of an Event being cancelled all available information will be posted on
www.fiaformulae.com.It is the responsibility of a Pass Holder to ascertain whether an Event
has been cancelled. FORMULA E does not guarantee that Pass Holders will be informed of
such cancellation before the date of the Event concerned. There will be no exchanges of
Passes for another Event.
5.2 FORMULA E shall have the right to determine any and all terms and conditions relating to
cancellation and/or refunds (if any) from time to time.
5.3 In case T&P has paid the full amount for Passes and wishes to cancel, 30% of the fee
applicable to each Pass will still be due by T&P to FORMULA E.
5.4 In case T&P has partially paid towards, or made no payment at all for Passes and wishes to
cancel, 30% of the fee applicable to each Pass will still be due by T&P to FORMULA E and
will be invoiced separately.
5.5 No refunds will be given in the event of cancellation unless otherwise agreed by FORMULA
E in its discretion.
6. Use of Facility
6.1 Alterations to Facility
(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 FORMULA E (exercisable in its discretion). The Client is liable
for and must indemnify FORMULA E against any and all costs and expenses howsoever
incurred in relation to any alterations or additions requested by the Guest.
(b) Where the Client is permitted use of a dedicated area within the Facility (as determined by
FORMULA E), the Client may, at its own cost, decorate or theme the inside of such dedicated
area only with Formula E’s written consent, 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 FORMULA E and 2) the Guest ensures that any and all references to
the name of the relevant 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 relevant 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
FORMULA E.
6.2 Nature and Location of the Facility/ Grandstand Seats
FORMULA E reserves the right to determine in its absolute discretion the nature and location
of the Facility and any dedicated areas within the Facility at any Event in all respects
including, without limitation, whether or not (and if so, any conditions upon which)
FORMULA E may provide grandstand seating (if at all) and if grandstand seating is provided
by FORMULA E, to also determine in FORMULA E’s absolute discretion the type and
position of any grandstand seating so provided.
6.3 Availability of the Facility
If in respect of any Event:
(a) FORMULA E does not build or use the Facility for any reason; or,
(b) FORMULA E is unable to obtain or maintain rights to use the Facility, then FORMULA E
may in its absolute discretion provide an Alternative Facility but (subject to clause 10.2 and
without prejudice to FORMULA E’s liability for death or personal injury caused by
FORMULA E’s negligence) shall not in any event be liable to the Client and/or any Guest
and the Client hereby releases and discharges and shall procure that any Guest releases and
discharges FORMULA E against any damages, loss (including, without limitation, any
indirect loss, consequential loss or loss of profit), costs and expenses that may be suffered by
it as a result of FORMULA E failing to provide the Facility or an Alternative Facility.
7. No Advertising or Promotions
7.1 Except with FORMULA E’s prior written consent or as otherwise provided for in Clause
4.1(b), the Client shall procure that any Guest 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.
7.2 The Client shall procure that the Guest shall not, without the prior written consent of
FORMULA E exercisable in its discretion use for any advertising, promotional or commercial
purposes (including without limitation prizes, competitions or contests) (in any media) 1) the
name of FORMULA E or 2) the name of the relevant Event or 3) the name of any other round
of the Championship (or any abbreviation or foreign language version thereof) or 4) any
Passes or 5) the Facility or do any act or thing to imply or give the impression that 1) any
Guest or its activities are connected to or endorsed by the Championship or FORMULA E or
2) that any Guest is a sponsor of or supplier to the relevant Event or the Facility or in some
other way connected to FORMULA E, that Event or the Facility.
8. Restrictions of Use of Names and Logos
8.1 The Client shall procure that no Guest shall use any of the expressions “ Formula E ”, “ FIA
Formula E Championship ”, “Emotion Club”, or any trade marks (whether registered or
unregistered) or logo(s) pertaining thereto or any other intellectual property right owned by
FORMULA E, FER, FERO or by any third party except with the prior written consent of
FORMULA E, FER, FEH or the relevant owner or licensee of such trade mark or other
intellectual property right.
8.2 The Client shall procure that no Guest shall use the name of the relevant 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 FORMULA E first being
obtained exercisable in FORMULA E’s discretion. This is a fundamental term.
9. Catering
The Client agrees that FORMULA E is exclusively entitled to procure or authorise the
provision of all catering, food and beverage services for the Facility at the relevant Event and
may appoint the Catering Supplier and such other persons as it in its absolute discretion thinks
fit to provide such catering, food and beverage services (or part thereof). The Client shall
procure that no Guest shall bring food or beverages of any description into the Facility
without the prior written consent of FORMULA E in its absolute discretion.
10. Client Obligations and Acknowledgements
10.1 Display of Passes
The Client shall and shall procure that each Guest shall comply with all security arrangements
and display in a clear and visible manner at all times on entry to and within the relevant Event
and the Facility, the correct Pass and (if requested by FORMULA E) wear a corresponding
wristband at the Event and at all times upon entry to and whilst within the Facility and in any
area of the Event where the Pass permits access. FORMULA E and/or its representatives
reserve the right to refuse entry to the Facility to any Guest or any other person who does not
comply with the security arrangements or who is not displaying such Pass and/or is not
wearing such wristband, and FORMULA E and the Catering Supplier each reserve the right
to refuse service to a person who is not displaying such Pass and/or is not wearing such
wristband within the Facility.
10.2 Compliance with Directions
The Client shall comply, and shall ensure compliance by each Guest with:
(a) any security arrangements, directions or notices displayed or given by officers, employees
or agents of or persons authorised by FIA, FEH, FER, FORMULA E or the promoter of
the relevant Event including, without limitation, notices, directions or other requirements
relating to access and security at that Event, medical matters, evacuation procedures or
the conduct of the Guest(s) at that Event;
(b) the conditions of sale attaching to the relevant Event and the conditions of entry displayed
at the entrances to that Event; and
(c) all laws, regulations or requirements of any authorities (including, without limitation, the
FIA, FER, FEH, Formula E and the promoter of the relevant Event) having jurisdiction
over the activities of FORMULA E, the Event and/or the use or occupancy of the Facility.
10.3 Under Legal Age
The Client shall ensure that any Guest who is under 16is hosted is accompanied and
supervised at all times by an adult over the age of 18 who must also hold a Pass.
10.4 Client Liability
The Client shall be responsible for and shall indemnify FORMULA E against any loss
(including any indirect loss, consequential loss or loss of profit), damage, injury, costs or
expenses arising out of any act or omission of any Guest at or in connection with the relevant
Event or arising out of any failure to comply with these Terms and Conditions save for death
or personal injury caused by FORMULA E’s negligence.
10.5 Client Acknowledgements
The Client acknowledges and accepts and shall procure that each Guest accepts that:
(a) motor racing, the relevant 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 each Guest
is entirely at their own risk;
(b) the Client, to the fullest extent permitted by law hereby:
(i) excludes, releases and forever discharges FORMULA E, FIA, FEH, FER, the
sporting Organiser, (the relevant national sporting authority), the promoter of the
relevant Event, 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 any indirect loss, consequential loss or loss of profit), damage,
injury, costs or expenses (whether arising under statute, from negligence, personal
injury, death, loss or damage to property, infringement of third party rights or
otherwise) arising from or connected with the Event including without limitation any
occurrence of fire or theft; and
(ii) indemnifies and agrees to keep indemnified 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 of any
Guest, 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 the Client, to the fullest extent permitted by law hereby.
(c) without prejudice to Clause 8.5(e), it is a condition of admission to the relevant Event that
each Guest agrees that:
(i) notwithstanding Clause 8.5(c)(ii), no Guest shall make, create, store, record or
transmit any kind of sound recording or visual or audio-visual footage (“Recording”)
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 each Guest is forbidden from taking into the Facility or pit
lane walkabout any equipment that may enable a person to carry out any of the
aforementioned acts;
(ii) personal electronic devices (including still image cameras, mobile telephones and
other personal communications devices) are permitted within the Facility unless
otherwise advised, provided that any Recording, Data and any image, including
photographic images and any still pictures derived or capable of being derived from a
Recording (”Image”) of the Event that is recorded, stored and/or created thereon is
used for personal, private and non-commercial purposes only;
(iii) 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 enjoyment of the Guest) without the prior written consent of Formula E or
FEH, is strictly forbidden and shall constitute a breach of these Terms and Conditions
for which the Guest may be liable;
(iv) upon the request of FORMULA E, FEH, FER or FERO, the Client or any Guest (as
applicable) shall assign to FER in writing (or procure the assignment to FER 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 or any Guest;
(d) FORMULA E reserves the right in its discretion not to allow personal electronic devices to be
taken into or used at or within the Facility;
(e) By purchasing or holding a Pass and/or by attending the relevant Event each Guest will be
deemed to have:
(i) consented to the use by FORMULA E, FER, FEH, FERO, FIA (and by any third
party approved by FORMULA E, FEH, FER or FERO) 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 and approved
by FORMULA E, of any still or moving image taken at the Event, where such image
includes any image of the Guest; and performance, telemetry, weather or race control
data (“Data”) of, at or in relation to the Event and each Guest is forbidden from
taking into the Facility or pit lane walkabout any equipment that may enable a person
to carry out any of the aforementioned acts;
(ii) obtained the specific consent of the Guest to the use by FORMULA E, FER, FEH,
FIA (and any third party approved by them) for the purposes contemplated in
Clause8.5(e)(i) above, where any such image includes an image of the Guest; and
(iii) waived its personality rights to the extent necessary to permit such use and, where
appropriate, to have procured the waiver by the Guest of any personality or privacy
rights to which such person would otherwise have been entitled; and iv) accepted the
terms of the Privacy Policy set out in Clause 21 of these Terms and Conditions.
(f) the Client unconditionally and irrevocably constitutes and appoints FORMULA E 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 8.5(e) above, to give effect to the same and shall procure that any Guest shall provide
an equivalent power of attorney to FORMULA E if requested by FORMULA E to do so.
(g) Warning: People with a pacemaker should contact security officials for assistance before
approaching any of the electronic gates.
10.6 Liability for Loss or Damage to Property
The Client acknowledges and accepts and shall ensure that it advises the Guest that:
(a) any property brought into the Facility or the Parking Area by the Client or any Guest (or at
the Client’s or the Guest’s direction) shall be at its own risk; and the Client, to the fullest
extent permitted by law hereby:
(b) FORMULA E 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 the Guest or any property within the possession of the Client or the Guest which is
lost or damaged within the Facility, any Alternative Facility, cloakroom or the EMOTION
CLUB parking area.
10.7 Additional Security Precautions
For reasons of security and safety, FORMULA E reserves the right in its discretion:
(a) to refuse suitcases, bags, electronic equipment, food, beverages and/or other items being
brought into the Facility (or in to any area under the control of FORMULA E) whether
before, during or after the relevant Event;
(b) 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 relevant Event.
10.8 Passes are not Transferable
After entry to the Facility on a particular day, Passes are not transferable for that day.
10.9 Right to refuse Entry or remove from the venue
(a) FORMULA E (or any person operating the Facility or any aspect of the Facility for
FORMULA E) may refuse entry to the Facility to or remove from the venue a Guest where
FORMULA E (or such person) regards it as necessary or appropriate to do so on grounds of
health, safety, security or public order or where FORMULA E or such person believes that
the admission of that Guest would be materially prejudicial to any other person’s enjoyment
of the Facility/Event.
(b) Where a Guest in possession of a valid Pass is refused entry to the Facility under this clause
8.9, the Pass Holder or Client with the right to use such Pass shall not be entitled to the refund
of that Pass and neither FORMULA E nor any person operating the Facility or any aspect of
the Facility shall have any further obligation to the Client or that Guest in respect of the
Guest’s use or non-use of the Facility on the day in question.
10.10 Smoking and Vaping
At any Event, FORMULA E may, subject to applicable laws, designate one or more areas
within the Facility at that Event as a smoking area. Smoking, vaping, or the use of e-cigarettes
is not permitted anywhere in the Facility outside a designated smoking area. If there is no area
designated and clearly marked by FORMULA E as a smoking area, smoking is not permitted
anywhere in the Facility without the prior written consent of FORMULA E exercisable in its
discretion.
11. No on-selling
The Client shall not (and shall procure that each Guest shall not) sell, offer to sell, on-sell,
exchange for fee, reward or other valuable consideration, assign, sublet, encumber, license,
sub license, 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 Pass(s) to a
third party without first obtaining the prior written consent of FORMULA E which consent
shall be exercisable in its absolute discretion and which may include such conditions as
FORMULA E thinks fit.
12. Breach
12.1 Default
If a Guest commits any breach of these Terms and Conditions, then on the giving of notice by
FORMULA E to the Client at any time after the occurrence of such breach:
(a) that Guest shall be deemed to have forfeited its rights but not its obligations under these
Terms and Conditions;
(b) FORMULA E will be free to cancel or re-sell/use any Pass(es) held by the Guest who is in
default;
(c) FORMULA E shall be entitled to demand that the Client unconditionally and irrevocably
constitutes and appoints FORMULA E as its attorney to do, perform and execute all things
and documents as may be necessary or desirable to transfer or assign the rights, benefits and
entitlements of the Guest who is in default; and
(d) the forfeit of any monies pursuant to Clause 10.1(a) shall not preclude any other rights which
FORMULA E may have under these Terms and Conditions.
12.2 Refund of Monies to Client
Without prejudice to any liability of FORMULA E for death or personal injury caused by
FORMULA E’s negligence, if FORMULA E does not operate the Facility, or no race is held
at the relevant circuit during the Event Period, and neither the Client nor a Guest uses or
receives any benefit whatsoever from the Facility and services contemplated by these Terms
and Conditions during that Event Period, then, upon the giving of notice by FORMULA E to
the Client, FORMULA E may, in its discretion, elect to refund to the Pass Holder a
percentage of the amount of the Fee, if any, received by FORMULA E from the Pass Holder
provided that the amount of such percentage, if any at all, shall be determined by FORMULA
E in its discretion. Notwithstanding the foregoing, FORMULA E shall have no liability or
obligation to the Pass Holder in respect of the Facility or the relevant Event as a result of the
Facility not being operated or no motor car race being held and FORMULA E shall be
released and discharged by the Pass Holder from all claims and damages of any kind.
13. Amendment/ Consents
No amendment or variation of these Terms and Conditions is valid or binding on a party
unless made or confirmed by FORMULA E in writing.
14. No Waiver
No failure by FORMULA E to exercise or any delay is exercising any right, power or remedy
by FORMULA E 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.
15. Special Conditions
15.1 FORMULA E reserves the right to require at any time that each and any person wishing to
participate in any pit lane walk or similar shall sign a waiver and release of liability as a
condition of being granted access to the pit lane walk (and/or such other areas within the track
as specified by FORMULA E).
15.2 FORMULA E reserves the right to issue additional terms and conditions which shall apply to
the conduct or behaviour of persons using the Facility at an Event and/or to the conditions of
sale of any Pass in respect of such Event and/or cancellation or refunds if applicable.
15.3 The Client hereby grants to FORMULA E the right exercisable in its discretion to reproduce
and use the name and/or logo of any Guest on signboards (or other advertising devices)
located within or around the Facility during the relevant Event and in any advertising and
promotional material relating to the Facility.
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 of 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 FORMULA E’s liability for
death or personal injury caused by its negligence.
17 Force Majeure
If FORMULA E is totally or partially prevented from performing any of its obligations under
these Terms and Conditions as a result of an Event of Force Majeure, it shall promptly serve
written notice on the Client specifying the matter(s) constituting the Event of Force Majeure
and providing the other Party with its best estimate of the likely extent and outcome of the
Event of Force Majeure. In the event of an Event of Force Majeure, FORMULA E shall be
excused from the performance of its obligations under these Terms and Conditions. No Party
shall be liable to any other Party for any loss, damages, costs, expenses or other claims for
compensation arising as a direct or indirect result of breach or non-performance of these
Terms and Conditions due to an Event of Force Majeure.
If the Event is cancelled due to an Event of Force Majeure, FORMULA E shall issue either a
refund or a credit note to the Pass Holder, as applicable, for the Passes purchased for the
cancelled Event. In the event that the issuance of a refund or credit note is necessary due to an
Event of Force Majeure, the Client shall be contacted by the FORMULA E Hospitality Team.
18 Assignment
FORMULA E 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.
19 Third Party Rights
The FIA, FEH, FER, FERO and the promoter of the relevant Event may enforce the terms of
Clauses 8.1, 8.2, 10.2 and 10.5 subject to and in accordance with the provisions of the
Contracts (Rights of Third Parties) Act 1999.
20 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 non-
exclusive jurisdiction of the English courts for the purpose of enforcing any claim or dispute
arising hereunder.
21 Authorised Sellers
21.1 It shall be the responsibility of the Client and/or any Guest to verify with FORMULA E that
any person representing or holding itself out as an Authorised Seller is in fact an Authorised
Seller.
21.2 Authorised Sellers are independent entities and are not agents of FORMULA E and have no
authority to bind or commit FORMULA E and FORMULA E shall have no responsibility or
liability in respect of any representations or statements made by Authorised Sellers whether in
relation to any Event, the Facility at the relevant Event, these Terms and Conditions or
otherwise in respect of any acts or omissions of Authorised Sellers.
22 Privacy Policy
In this policy, “we” and “our” means FORMULA E and “you” and “your” means Client or
Guest. We are committed to protecting and respecting your privacy.
Consent
Your purchase of a Pass and your attendance at the relevant Event signifies your consent to
our collecting and using personal information about you in accordance with this Privacy
Policy.
What information do we collect?
In the course of buying or using a Pass we will acquire certain personal information from you
from written information given to us by you, by an Authorised Seller or by the person buying
the Pass on your behalf. We may for example, keep a record of your name, mailing address,
email address, telephone number, gender and preferences. You consent to the provision of
such data to us from any person who buys a Pass on your behalf or from an Authorised Seller.
How do we use your information?
Any personal data relating to you will be used and recorded by us in accordance with current
data protection legislation and this Privacy Policy. We may use your personal information to
communicate with you, such as to let you know about new features or offerings from the
Championship, for record keeping purposes, and in aggregate (and therefore anonymously)
for market research and promotional purposes, to publish trends and/or to improve quality and
content of the Championship and for any other purpose that we may notify to you from time
to time.
We may also operate a mailing list to send you Championship related news. If you are an
existing customer, we will only contact you by electronic means (e-mail or SMS) with
information about goods and services similar to those which were the subject of a previous
sale to you.
Any mailing list that we keep will have an ‘opt out’ facility whereby subscribers can ask not
to be contacted in future. We do not ‘spam’ and we currently do not share, license or sell e-
mail addresses.
We reserve the right to disclose your personal information to our group companies, suppliers
and service providers, anyone who may take over the running of our business or who may
purchase any or all of our assets including your personal information. We also reserve the
right to disclose your personal information to any law enforcement agency requesting it in
connection with the commission of any offence, once we are reasonably satisfied as to the
circumstances surrounding the request and to access and disclose your personal information
in order to comply with applicable laws and lawful government requests, to operate our
business properly.
Except as expressly stated in this Privacy Policy, we will not sell, share, trade or license your
personal information to others without your express consent.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside
the European Economic Area (“EEA”). It may also be processed by staff operating outside
the EEA who work for us or for one of our group companies or service suppliers. Such staff
maybe engaged in, among other things, the fulfilment of your order, the processing of your
payment details and the provision of support services. By submitting your personal data, you
agree to this transfer, storing or processing. We will take all steps reasonably necessary to
ensure that your data is treated securely and in accordance with this privacy policy. Any
payment transactions will be encrypted. Unfortunately, the transmission of information via
the internet is not completely secure. Although we will do our best to protect your personal
data, we cannot guarantee the security of your data transmitted to our site; any transmission is
at your own risk. Once we have received your information, we will use strict procedures and
security features to try to prevent unauthorised access.
Security
We take every precaution to protect your personal information. In addition, we have strict
security protocols in place to protect our customer database from unauthorised access,
improper use or disclosure, unauthorised modification, and unlawful destruction or accidental
loss. We only allow access to the customer database when absolutely necessary, and then
under strict guidelines as to what use may be made of such details. We may ask you for proof
of identity before disclosing any personal information to you.
Surveys
We always aim to improve the services we offer. As a result, we may occasionally canvass
our customers using surveys. Participation in surveys is voluntary, and you are under no
obligation to reply to any survey you might receive from us. Should you choose to do so, we
will treat the information you provide with the same high standard of care as all other
customer information.
Competitions
Your purchase of a Pass or attendance at an Event may mean that we occasionally contact you
with the opportunity to enter competitions. Entry to competitions is voluntary, and you are
under no obligation to take up an invitation from us to enter. Should you choose to enter a
competition, we will treat the information you provide with the same high standard of care as
all other customer information.
Unsubscribe
You may request that your personal information is not used for competitions, surveys or
marketing purposes. This is called unsubscribing and may be achieved by any of the
following methods: Email us at dataprotection@fiaformulae.com.
Correcting and Updating Personal Information
If your personal information changes, or if you believe that the personal data we hold about
you is incorrect, you may ask us to correct or update the personal information held by us by
sending an email to dataprotection@fiaformulae.com.
Notification of Changes
We may occasionally modify our Privacy Policy, and when this happens, we will notify you
via email, SMS or by any other reasonable method of communication.
Privacy Support
If you have any enquiry or concern about our privacy policy, please email us at
dataprotection@fiaformulae.com.