General Terms and Conditions
1.1 The following terms and conditions apply to all our events or services, regardless of whether
1.2 we ourselves or a third party are the organizer. These terms and conditions shall also apply to all future business relations between the contractual partners. 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 parties to the contract shall be the venue.
1.4 In the event of any disputes arising from the contractual relationship, if the contracting partner of Driving Concept GmbH is a registered trader, a legal entity under public law or a special fund under public law, legal action must be brought before the court having jurisdiction for the registered office of Driving Concept 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 not known 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. Instead of the ineffective clauses, the clause that comes closest to the ineffective clause in a legally permissible form from an economic point of view shall be deemed to have been agreed.
2 Conclusion of contracts
2.1 All service agreements must be in writing. Subsidiary agreements and amendments to the original agreements are valid only if expressly confirmed by Driving Concept GmbH.
2.2 Agents of Driving Concept GmbH are not authorized to make oral subsidiary agreements or give oral assurances that go beyond the contents of the written contract.
2.3 Driving Concept 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 of Driving Concept GmbH will be invoiced in accordance with the contractual agreement at flat rates or according to time and effort. Unless otherwise agreed, billing will be based on time and effort. The following general provisions apply to all methods of calculation:
3.1.1 If the services of Driving Concept GmbH are delayed due to circumstances for which the contractor is not responsible, Driving Concept 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 Driving Concept GmbH will not have any debt-discharging effect against Driving Concept GmbH. Exceptions require special agreement.
3.1.3 If Driving Concept GmbH performs services at the request of the contracting partner 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 Driving Concept GmbH is not responsible, Driving Concept GmbH has to perform services at times or under circumstances that differ from the conditions stipulated in the contract and require additional expenditure, the contracting partner must pay the corresponding additional prices if it has been informed in good time by Driving Concept GmbH of the changes in conditions. The contracting partner of Driving Concept GmbH will certify the time worked by the personnel of Driving Concept GmbH on the order form submitted to him.
3.2 For group bookings and companies, 50% of the anticipated event costs are due upon receipt of the booking confirmation. The second 50% shall be due upon receipt of the invoice, which shall take place 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 Driving Concept GmbH. In particular, the deduction of discounts is not permitted.
3.5 All payments are due for payment immediately upon receipt of the relevant invoice. The contractual partner shall automatically be in default on the 21st day after receipt of the invoice.
From the date of default, interest on arrears is payable at a rate of 10% p.a., but at least 5% above the prime rate. Driving Concept GmbH reserves the right to prove higher damage caused by default.
3.6 If payment instructions, cheques or bills of exchange are accepted, this is only 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 not deemed to have been made until Driving Concept GmbH can dispose of the amount. In the case of cheques, payment is not deemed to have been made until the cheque has been finally credited to Driving Concept GmbH.
3.8 The contracting party may only set off counterclaims or assert rights of retention with respect to such claims that are undisputed or have been finally determined by a court of law. The contracting partner may assert rights of retention only insofar as they are based on the same contractual relationship.
3.9 If Driving Concept GmbH becomes aware of circumstances that call into question the creditworthiness of the contracting partner, in particular if a check is not honored or if the contracting partner stops payments, Driving Concept GmbH is entitled to declare the entire remaining debt due. In this case, Driving Concept GmbH is in particular entitled to demand advance payment or provision of security.
4. Cancellation conditions
In the event of cancellation by the contractual partner, the following costs shall 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 15th and 6th calendar day before the start of the event 80 % of the agreed price.
- Within the last five 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 was not incurred at all or is significantly lower than the flat rate demanded.
5.1 Participation in events is at the participant’s own risk. Before the start of the event, each participant must expressly agree in writing to an exclusion of liability for himself and also for any legal successors. This includes in particular the following agreements.
Driving Concept GmbH or its vicarious agents are liable for claims for damages by the contractual partner or participants arising from positive breach of contract, c.i.c. and tort as follows:
- Liability for personal injury shall be governed by the statutory provisions.
- Liability for property damage is limited to the amount covered by the organizer’s liability insurance of Driving Concept GmbH.
- Liability for financial loss is excluded.
The limitations of liability do not apply insofar as liability for damage to privately used items is mandatory under the Product Liability Act or in cases of intent or gross negligence or breach of material contractual obligations or lack of warranted characteristics for foreseeable damage typical of the contract.
5.2 In cases where the contracting partner is not identical with the participant in the event, the contracting partner will indemnify Driving Concept GmbH or its vicarious agents – to the extent permitted by law – against any liability on the part of the participants.
Driving Concept GmbH has taken out organizer’s liability insurance and participant’s accident insurance for events. For events abroad, each participant must be in possession of a valid private foreign health insurance. Depending on the event variant, the conclusion of an optional comprehensive insurance is possible. If fully comprehensive insurance is already available, the client should find out in advance whether it also covers the specific event.
Participation in racetrack events, driving on oval tracks or handling courses may not be used to achieve maximum speeds. For events with „free driving“ it is strongly advised to take out accident insurance that includes this risk.
7. Data Protection