By purchasing a gift-voucher or making a reservation request for a Dream Car Drives Pty Ltd Drive Experience directly or through a ticketing agent, you acknowledge that you have read and agree to be bound by these Terms and Conditions:
1. Drive Experiences provided by Dream Car Drives Pty Ltd (DCD PTY LTD)
1.1. Dream car Drives Pty Ltd 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 a maximum age of 70 years old, and be in possession of a valid driver’s licence which they must have held for a minimum period of 3 years.
In terms of the Couples Experiences eligible Drivers must be at least 30 years of age and a maximum age of 70 years old, and be in possession of a valid driver’s licence which they must have held for a minimum period of 3 years.
The Participant authorises and consents to Dream Car Drives Pty Ltd if necessary, to make enquiries with the local traffic any transport licensing 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 5 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 Dream Car Drives Pty Ltd’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 Dream Car Drives Pty Ltd’s premises at their own risk.
2.6. All participants (‘Drivers and Passengers’) in a Drive-Day or 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’). Dream Car Drives Pty Ltd may at its discretion refuse participation, without refund should this arise.
2.7. Dream Car Drives Pty Ltd reserves the right to perform a breath test on all Participants and each Participant consents to submitting to breath analysis. 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 (in the view of Dream Car Drives Pty Ltd) they are under the influence of drugs (legal or illegal).
3. Refusal of Participation
3.1. Dream Car Drives Pty Ltd reserves the right to refuse any person, for whatever reason, participation in a Drive Experience, at Dream Car Drives Pty Ltd’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 condition that they agree to pay a maximum 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 Dream Car Drives Pty Ltd that the Participant is at fault. The amount of A$10,000.00 is a liquidated damages amount immediately payable by the Participant to Dream Car Drives Pty Ltd upon demand for breach of any condition of this contract.
4.2. If the cost of the repair is deemed less than the excess by Dream Car Drives Pty Ltd, then the participant will be charged the repair cost.
5. Security Bond
5.1. Prior to the start of any Drive-Experience each Driver must pay a security bond (“Bond”) of A$2000 by means of credit card pre-authorization.
5.2 By signing the release, discharge & indemnity agreement Drivers authorise Dream Car Drives Pty Ltd to deduct from the Participants credit card the Bond, ANY damage to the vehicle, fines, road tolls and tow fees occurring during the Drive-Experience whether caused by the Participants fault, that of a third party or by Act of God, as well as any costs incurred in the administration or recovery of these fees.
5.3 If during the Drive Experience the Motor Vehicle sustains ANY Damage, whether mechanical, electrical, or bodywork, the Driver acknowledges that Dream Car Drives Pty Ltd may charge the Credit card the full sum of the Bond until such time as repairs are completed and the Motor Vehicle is fully serviceable, subject to the responsibility for the Accident being clearly established.
5.4 Any damage to the vehicle caused during the Drive Experience may also result in further charges up to but not exceeding A$10,000 as a liquidated damages amount including, but not limited to:
Motor Vehicle recovery costs;
emergency or temporary repairs or parts;
legal fees; and
Loss of Use.
6. During the Drive-Experience
6.1. All Participants must obey the directions and instructions of Dream Car Drives Pty Ltd’s Instructors, must not disturb other Participants or interfere with the Instructor’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.
6.2. 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 by Dream Car Drives Pty Ltd. All Participants agree to pay all parking, speeding and traffic fines and tolls incurred during the Drive-Experience and Dream Car Drives Pty Ltd may pay any regulatory authority on the Participants behalf and debit the Participants’ credit card for the fine or toll if the Participant fails to do so, together with an administrative fee of $100.
6.3. Smoking is not permitted in any vehicle at any time – $500.00 detailing fee applies.
6.4. Dream Car Drives Pty Ltd retains the right to remove from a Drive-Experience any participant who does not comply with these Terms, without Refund.
7. Terms of Payment
7.1. All Drive-Experience bookings and gift-vouchers are a non-refundable purchase but may be transferrable to another Participant subject to all terms and conditions and eligibility criteria.
7.2. 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 Dream Car Drives Ltd’s prior written consent. If Dream Car Drives Pty Ltd 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.
7.3. All Drive-Experiences must be paid for at the time of making the reservation unless otherwise agreed by Dream Car Drives Pty Ltd in advance.
7.4. Dream Car Drives Pty Ltd reserves the right to charge fees on the purchase of Drive-Experiences, on changes to reservations and on Gift Vouchers or Gift Certificates purchased.
7.5 Under extreme circumstances & purely at the discretion of Dream Car Drives PTY LTD a voucher will be refunded minus a $99 administration fee
8. Terms of Postponement and Cancellation
8.1. Drive-Experiences will not proceed should Dream Car Drives Pty Ltd decide in its absolute discretion, whether for safety reasons or otherwise, to cancel a Drive-Experience.
8.2. Should a Drive-Experience not proceed, Participants will be re-scheduled to an alternative date at a mutually convenient time.
8.3. Dream Car Drives Pty Ltd 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.
8.4. Participants may postpone their Drive-Experience to a later date provided they contact Dream Car Drives Pty Ltd at least SEVEN (7) days prior to their scheduled Drive-Experience. Reduction in the number of Participants is not permitted. If a Participant wishes to cancel, change or re-book their Drive-Experience within 7 days of their scheduled Drive-Experience the Participant will be charged a $99 re-booking fee.
8.5 If the Participant fails to attend their allocated drive day and time as allocated by Dream car Drives Pty Ltd, the participant will have the option to rebook their Drive-Experience and will be charged a $99 re-booking fee.
9. Miscellaneous Conditions
9.1. Photographs and Video purchased from or supplied by DCD Pty Ltd remain copyright to DCD Pty Ltd, 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 DCD Pty Ltd’s prior written permission.
9.2. DCD Pty Ltd 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, and each Participant consents to such use by DCD Pty Ltd for its benefit absolutely.
9.3. DCD Pty Ltd reserves the right to inspect any bag or container brought onto DCD Pty Ltd’s premises or brought onto a Drive-Experience, and each Participant consents to such inspection as may reasonably be required by DCD Pty Ltd.
10. DCD Pty Ltd’s Liability
10.1. 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.
10.2. 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 LPKM Group Pty Ltd is able to limit remedy for a breach of that Non-Excludable Provision, then the liability of DCD Pty Ltd’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 10.2 is subject to clause 10.3.
10.3. 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, DCD Pty Ltd limits its liability for death or personal injury relating to the supply of recreational services to A$100,000 per occurrence.
10.4. Subject to clauses 10.1, 10.2 and 10.3 and to the extent permitted by law, DCD Pty Ltd excludes liability and will not be responsible for loss or damage arising from: Participants failure to obey DCD Pty Ltd’s safety directions or instructions; any pre-existing medical or psychological condition; any negligent act or omission of DCD Pty Ltd or any person for whom DCD Pty Ltd is responsible; any delay in a scheduled Drive-Experience taking place; and any loss of or damage to vehicles, valuables or luggage placed at DCD Pty Ltd’s premises.
10.5. Subject to clauses 10.1, 10.2, 10.3 and 10.4, and to the extent permitted by law, the Participant releases and discharges DCD Pty Ltd 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.
11.1. When Reseller enters into a sale, reservation or any other transaction, the Reseller shall indemnify DCD Pty Ltd for any loss, damage or expense incurred by DCD Pty Ltd as a result of any misrepresentation, breach of contract by or act of negligence of the Reseller.
12. Gift Vouchers and Gift Certificates
12.1 Gift Vouchers and Gift Certificates are non-refundable, but are transferable.
12.2 DCD Pty Ltd 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.
12.3 A Gift Certificate must be redeemed within 6 months of the date of purchase.
13. Governing Law
These Terms are governed by the laws of Queensland, Australia. DCD Pty Ltd and each purchaser and Participant submit to the non-exclusive jurisdiction of the Courts of Queensland in respect of these Terms and any dispute between them.
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