Terms and conditions for Test drive
These terms and conditions (these “Terms”) apply between LotusCarsUSA, Inc. (“Lotus”/”We”/”Our”) and the individual (“You” / “Your”) for the test drive of a Lotus vehicle, subject to availability, (the “Lotus Vehicle”) ordered through the Lotus Drives Monterey test drive registration portal.
By finalizing the Test Drive Registration and ticking the box confirming Your acceptance of these Terms You confirm that You have read and that You agree to be bound by these Terms.
1. Term
Unless otherwise indicated in these Terms, these Terms apply from the date of Your booking of the Test Drive until return of the Lotus Vehicle (as defined below) at the Monterey Test Drive location.
2. The Lotus Vehicle
2.1.
We will provide the Lotus Vehicle for the Test Drive. We will not charge You anything for the Test Drive.
2.2.
Your booking will allow You one (1) Test Drive of the Lotus Vehicle during the time slot selected by You when booking the Test Drive.
2.3.
Lotus Vehicles available for the Test Drive are subject to availability. Lotus will use reasonable efforts to ensure that You will be able to test drive the chosen Lotus Vehicle but limitations in vehicle availability and unexpected events such as loss, errors or defects to the Lotus Vehicle, etc. may have an impact on Your chances of registering a Test Drive.
2.5
We make no guarantees that the Lotus Vehicle You will be test driving contains certain features or extras.
2.6
We retain the right to cancel or change the Test Drive in Our sole discretion.
3. Driver Requirements
3.1
In order to perform a Test Drive You must be:
3.1.1.
Twenty-one (21) years of age or older;
3.1.2.
In the possession of a fully valid driver’s license;
3.1.3.
In good standing with Your driver’s license issuing authority and have had no disqualifications of Your driver’s license in the last 3 years; and
3.1.4.
Sign a test drive waiver form presented to you in person prior to commencement of the Test Drive;
3.2.
You will be required to present Your driver’s license prior to the commencement of the Test Drive.
3.3
You understand and agree that Lotus reserves the right to verify Your driving record with the local motor vehicle department.
3.4
You may not operate the Lotus Vehicle while under the influence of drugs, alcohol, or medications that may affect Your ability to operate the Lotus Vehicle, and You will be subject to liability for any claims that may result from such actions.
3.5
You agree that You will wear a seat belt and shall cause all passengers in the vehicle to wear a seat belt at all times while driving the Lotus Vehicle.
3.6
For clarity, You may not let another person drive the Lotus Vehicle during Your Test Drive, except in the case of an emergency.
3.7
You will advise Lotus immediately if the Lotus Vehicle displays any warning, maintenance or service messages.
4. Use of the Lotus Vehicle
4.1.
The Lotus Vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose.
4.2.
You are responsible for the Lotus Vehicle during the Test Drive. The Lotus Vehicle must be returned in the same condition as when delivered to You.
4.3.
You shall not do anything in respect of or in connection with the Lotus Vehicle that may contravene applicable road traffic acts or any other applicable legislation.
4.4.
The Lotus Vehicle is only to be used under standard driving conditions. You may not drive the Lotus Vehicle off-road, on unploughed roads or in any place where there is a risk of damage to the Lotus Vehicle.
4.5
Pets, smoking, eating or drinking are not allowed in the Lotus Vehicle during the Test Drive. ESA animals are also not allowed.
4.6.
You are not allowed to remove any parts or accessories from the Lotus Vehicle or to make any other changes to the Lotus Vehicle.
4.7.
You must ensure that the Lotus Vehicle is secure and kept locked and safe when not in use. When parking, You must ensure that the Lotus Vehicle is parked in a safe place.
4.8.
You will at all times act responsibly and comply with all instructions of all Lotus USA representatives, and drive and otherwise act in compliance with all applicable laws and instructions during the Test Drive.

5. Risk
5.1.
You are liable to Lotus for any and all losses or damages to the Lotus Vehicle or for any injury to any person or third-party property, which occurs during Your Test Drive.
5.2.
You shall immediately inform Lotus of any accident, theft or any damage whatsoever caused to the Lotus Vehicle or any part of it during the Test Drive.
5. 3
You agree that You hold Lotus harmless for theft or loss of Your personal property from the Lotus Vehicle.
6. Fines and Penalties
6.1.
You are liable for and shall promptly pay any costs, fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the Test Drive of the Lotus Vehicle.
6.2.
Lotus reserves the right in its sole discretion to pay all such charges, costs, fines (fixed or otherwise) or penalties in respect of parking, road fees, tolls, driving or similar offences incurred in connection with the Test Drive and to thereafter recover the costs from You.
6.3.
Lotus will comply with any legal requirements and will provide information (including Your name and address) in response to any requests from police or other relevant authorities, as well as private parking companies, owners of roads subject to congestion charges etc., for the purposes of identifying the user of a Lotus Vehicle at a particular date and time in respect to any alleged speeding/parking fines/road fees/tolls; penalties and motoring offences and congestion charges. See section 11 below for more information about the processing of Your personal data.
7. Warranty
You accept that Lotus gives no warranty of any nature relating to the Lotus Vehicle other than the standard manufacturer’s warranty applicable to the Lotus Vehicle. To the fullest extent permitted by law, Lotus excludes all warranties, conditions or other terms implied by statute or common law.
8. Liability
In no event shall Lotus, its affiliates, and their respective officers, agents, and employees , be liable or responsible for any loss or damage of any kind arising out of or in connection with the Test Drive and any failure to perform or delay in the performance of Our obligations under these Terms, except for as may be required under mandatory law.
You further agree that You waive for Yourself and on behalf of Your heirs, heirs, executors, administrators, successors and assigns any and all claims for any liability arising from Your Test Drive of the Lotus Vehicle.
9. Indemnification
You shall indemnify Lotus for any and all losses or other damages resulting from Your Test Drive and Your obligations under these Terms, including but not limited to (i) loss or damage to third-party property and (ii) all liability for illness, injury or death of a third party as well as any costs, claims and damages that might occur as a consequence thereof. This indemnification shall not apply to any loss, injury, illness or death that is strictly and solely caused by the gross negligence of Lotus.
10. Force Majeure
Lotus shall be relieved of from performance of the Test Drive or any liability arising out of any failure to fulfill an obligation under these Terms if the fulfilment is prevented as a consequence of an Act of God, war, fire, flood, explosion, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts or threats of acts of terrorism, epidemics, governmental acts, or interruption in utilities or any other cause beyond the reasonable control of the Lotus.
11. Privacy Policy
We are responsible for, and shall be considered the controller of, the personal data processed in connection with Your registration for a Test Drive and these Terms. All processing will take place in accordance with applicable legislation concerning processing of personal data, and in accordance with Our Privacy Policy.
12. General
12.1.
If any clause should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.
12.2.
Lotus reserves the right to amend these Terms at any time without notice. The version of the Terms that will apply to Your registration will be those that You agreed to at the time You placed Your Test Drive registration.
13. Governing Law and Arbitration
Unless otherwise required by mandatory law, these Terms are governed by, and to be interpreted according to, the laws of the State of California and You consent to the exclusive application of that law and submit to the exclusive jurisdiction of the state and federal courts located in that state.
14. Contact information
If You have any questions, please contact us via legal@lotuscars.com.