1 General

1.1 The following terms and conditions apply to all our events or services, irrespective of whether

1.2. we ourselves or a third party are the organiser. These terms and conditions also apply to all future business relations between the contracting parties. This applies in particular if services are provided in the future on the basis of verbal orders.

1.3 The place of performance for both contracting parties shall be the venue.

1.4 In the event of any disputes arising from the contractual relationship, if the contracting partner of Drive&Fun GmbH is a registered trader, a legal entity under public law or a special fund under public law, legal action must be taken at the court having jurisdiction for the registered office of Drive&Fun GmbH. This place of jurisdiction is also agreed in the event that the party against whom legal action is to be brought moves its place of residence or habitual abode outside the area of application of the Code of Civil Procedure after conclusion of the contract or its place of residence or habitual abode is unknown at the time the action is brought.

1.5 In business relations with partners from abroad, both contracting parties assume that all contracts are exclusively subject to German law.

1.6 The invalidity of one or more clauses of these General Terms and Conditions shall not result in the invalidity of the entire other clauses. Rather, both contracting parties shall regard the clauses not affected by the invalidity as fully effective. In place of the ineffective clauses, the clause shall be deemed to be agreed which, from an economic point of view, comes closest to the ineffective clause in a legally permissible form.

2. conclusion of contracts

2.1 All service agreements must be in writing. Subsidiary agreements and amendments to the original agreements are only valid if they are expressly confirmed by Drive&Fun GmbH.

2.2 Drive&Fun GmbH’s vicarious agents are not authorised to make verbal subsidiary agreements or give verbal assurances that go beyond the contents of the written contract.

2.3 Drive&Fun GmbH reserves the right to postpone or cancel events if too few participants have registered or if the event cannot be held due to force majeure.

3 Prices and terms of payment

3.1 The services provided by Drive&Fun GmbH will be invoiced in accordance with the contractual agreement at flat rates or according to time and effort. Unless otherwise agreed, services will be invoiced on the basis of time and effort. The following general provisions apply to all types of invoicing:

3.1.1 If the services of Drive&Fun GmbH are delayed due to circumstances for which the contractor is not responsible, Drive&Fun GmbH will be reimbursed by the contracting partner for all additional costs incurred.

3.1.2 Payments made by the contracting partner to vicarious agents of Drive&Fun GmbH do not have any debt-discharging effect vis-à-vis Drive&Fun GmbH. Exceptions to this rule require special agreement.

3.1.3 If Drive&Fun GmbH performs services at the contracting partner’s request that are not provided for in the contract, these services will be invoiced separately according to time and effort.

3.1.4 If, for reasons for which Drive&Fun GmbH is not responsible, it has to perform services at times or under circumstances that deviate from the conditions stipulated in the contract and require additional expenditure, the contracting partner will have to pay the corresponding additional charges if it was informed by Drive&Fun GmbH in good time of the changes in conditions. The contracting partner of Drive&Fun GmbH will certify the time worked to the personnel of Drive&Fun GmbH on the certificate presented to it. If the contracting partner does not issue the certificate in time, the records of Drive&Fun GmbH’s personnel will serve as the basis for billing.

3.2 In the case of group bookings and companies, 50 % of the anticipated event costs will be due on receipt of the booking confirmation. The second 50 % is due on receipt of the invoice, which will be issued immediately after the end of the event.

3.3 Variable costs, the amount of which is not known until the end of the event, shall be due upon receipt of the invoice, which shall take place immediately after the end of the event.

3.4 Both the agreed prices and the variable costs are to be paid free of any deductions to the payment office designated by Drive&Fun GmbH. In particular, the deduction of discounts is not permitted.

3.5 All payments are due for payment immediately on receipt of the relevant invoice. The contracting partner will automatically be in default on the 21st day after receipt of the invoice. From the

From the date of default, interest on arrears will be payable at a rate of 10% p.a., but at least 5% above the base rate. Drive&Fun GmbH reserves the right to prove higher damage caused by default.

3.6 If payment orders, cheques or bills of exchange are accepted, this will only be on account of performance. All costs of collection, discounting etc. will be borne by the contracting partner in addition to the agreed price.

3.7 Payment is only deemed to have been made when Drive&Fun GmbH can dispose of the amount. In the case of cheques, payment will only be deemed to have been made when the cheque is finally credited to Drive&Fun GmbH.

3.8 The contracting partner may only set off counterclaims or assert rights of retention in respect of such claims that are undisputed or have been finally adjudicated. The contracting partner may only assert rights of retention insofar as they are based on the same contractual relationship.

3.9 If Drive&Fun GmbH becomes aware of circumstances that call into question the creditworthiness of the contracting partner, in particular if a cheque is not honoured or if the contracting partner stops payments, Drive&Fun GmbH is entitled to declare the entire remaining debt due. In this case, Drive&Fun GmbH is in particular entitled to demand advance payments or the provision of security.

4. Cancellation conditions

In the event of cancellation by the contracting partner, the following costs will be due immediately:

    Up to the 60th calendar day before the start of the event, 10 % of the agreed price.

    Between the 60th and 16th calendar day before the start of the event 60 % of the agreed price.

    Between the 60th and 16th calendar day before the start of the event 60 % of the agreed price.

    Between the 15th and 6th calendar day before the start of the event 80 % of the agreed price.

    Within the last 5 calendar days before the start of the event 100 % of the agreed price.

The contractual partner shall be permitted to prove that the amount or damage appropriate in the specific case has not arisen at all or is significantly lower than the flat rate demanded.

5. Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

Cancellation of vouchers:

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Drive&Fun GmbH, Industriestraße 7, 86438 Kissing, GERMANY, info@drive-and-fun.de, Phone: +49 8233 74425-0, Fax: +49 8233 74425-25) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract.

To exercise your right of withdrawal, you must inform us (Drive&Fun GmbH, Industriestraße 7, 86438 Kissing, GERMANY, info@drive-and-fun.de, Phone: +49 8233 74425-0, Fax: +49 8233 74425-25) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

The right of withdrawal does not apply to the following contracts:

Contracts for the provision of non-residential accommodation services, carriage of goods, motor vehicle hire, supply of food and drink and for the provision of other services relating to leisure activities where the contract provides for a specific date or period for the provision.

6 Liability

6.1 Participation in events is at the participant’s own risk. Before the start of the event, each participant must expressly agree in writing to a disclaimer of liability for himself and also for any legal successors. This includes in particular the following agreements.

Drive&Fun GmbH or its vicarious agents and assistants are liable for claims for damages by the contract partner or participants arising from positive breach of contract, c.i.c. and tort as follows:

    Liability for personal injury shall be in accordance with the statutory provisions.

    Liability for property damage is limited to the amount covered by the organiser’s liability insurance of Drive & Fun GmbH.

    Liability for financial loss is excluded.

The limitations of liability do not apply in the case of damage to privately used items in accordance with the Product Liability Act or in cases of intent or gross negligence or the breach of essential contractual obligations or the absence of warranted characteristics for contract-typical foreseeable damage.

6.2 In cases where the contracting partner is not identical with the participant in the event, the contracting partner shall indemnify Drive&Fun GmbH or its vicarious agents – to the extent permitted by law – against any liability towards the participants.

7 Insurance

For events organised by Drive&Fun GmbH, organiser’s liability insurance and participant’s accident insurance have been taken out. For events abroad, each participant must be in possession of a valid private foreign health insurance policy. Depending on the type of event, optional comprehensive insurance may be taken out. If private comprehensive insurance is already in place, the participant should find out in advance whether it also covers the specific event.

Participation in racetrack events, driving on high-speed ovals or handling courses with free driving is always without insurance cover on the part of Drive&Fun GmbH. For events with free driving, it is strongly recommended to take out accident insurance that includes this risk.

8. photos, films, videos

Drive&Fun GmbH reserves the right to use photos, videos, film footage etc. taken during the event for its own advertising purposes.

9. Data protection

Please refer to the data protection declaration for our measures to protect your data.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

The competent body is the Universalschlichtungsstelle des Bundes am Zentrum Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.