General Terms and Conditions of Driving Concept GmbH
General Terms and Conditions of Driving Concept GmbH
1. GENERAL PROVISIONS
1.1. The following Terms and Conditions apply to all of our events and/or services, regardless of whether we ourselves or a third party is the event organiser. These Terms and Conditions also apply to any future business relationships between the contractual parties, particularly where services are rendered in future as a result of a verbal agreement.
1.2. The place of fulfilment for both contractual parties shall be the event location.
1.3. Any disputes arising from this contractual relationship, in which Driving Concept GmbH is a registered trader, or a legal entity incorporated under or special entity subject to German public law, shall be settled in the court responsible for jurisdiction in the registered location of Driving Concept GmbH. This place of jurisdiction also applies in cases where the party with recourse changes its place of residence or permanent dwelling to a location not subject to the German Code of Civil Procedure after the termination of the contract or in cases where said party’s place of residence or permanent dwelling is not known at the time legal recourse is taken.
1.4. In business relationships where partners reside outside of Germany, the partners agree that all agreements shall be subject exclusively to German law.
1.5. Should one or more of the provisions of these Terms and Conditions be deemed invalid, the remaining provisions shall not be affected. Both contractual parties shall view the remaining provisions, which are not affected by the invalid provision(s), as wholly valid. A new provision or provisions shall be agreed in place of the invalid provision(s), which comes closest to expressing the commercial intent of the invalid provision(s).
2. CONCLUSION OF CONTRACTS
2.1. All service agreements must be conducted in written form. Additional agreements and amendments to the original agreements shall only be valid if they have been expressly confirmed by Driving Concept GmbH.
2.2. Auxiliary agents working on behalf of Driving Concept GmbH are not authorised to conclude verbal agreements or make verbal pledges that exceed the scope of the written contract.
2.3. Driving Concept GmbH retains the right to reschedule or cancel an event if the event cannot be held because too few participants have registered or due to force majeure.
3. PRICES AND TERMS OF PAYMENT
3.1. The services of Driving Concept GmbH shall be charged at a flat fee according to the contractual agreement or otherwise based on time and cost. Services shall be charged based on time and cost unless otherwise agreed. The following general provisions apply to all payment types:
3.1.1. If the services of Driving Concept GmbH are delayed due to circumstances for which it is not at fault, Driving Concept GmbH shall be compensated by the contractual partner for any additional costs incurred.
3.1.2. Payments by the contractual partner to auxiliary agents working on behalf of Driving Concept GmbH do not constitute full discharge of its obligations. Exceptions must be agreed upon separately.
3.1.3. If Driving Concept GmbH renders services at the request of the contractual partner, which are not included in the contract, these services shall be charged separately by time and cost.
3.1.4. If, due to reasons for which it is not at fault, Driving Concept GmbH is forced to render services at times or under conditions that deviate from the provisions set out in the contract and that incur additional costs, the contractual partner agrees to pay these additional costs if it has been duly notified of the changes in circumstances by Driving Concept GmbH. The contractual partner of Driving Concept GmbH shall confirm the time worked by the personnel of Driving Concept GmbH on the certificate provided. If the contractual partner does not submit the certificate in due time, the records kept by the personnel of Driving Concept GmbH shall be used as a basis for invoicing.
3.2. For group bookings and company bookings, 50% of the estimated event costs must be paid upon confirmation of the booking. The remaining 50% shall be invoiced immediately after the event has ended.
3.3. Variable costs which can only be determined after the event as ended shall be invoiced immediately after the event has ended.
3.4. Both the agreed price and the variable costs must be paid strictly net to the pay office indicated by Driving Concept GmbH. Deduction of discounts is explicitly excluded.
3.5. All payments must be paid immediately upon receipt of the respective invoice. Payment by the contractual partner shall automatically be deemed late if it is not received by the 21st day after receipt of the invoice. Upon payment being deemed late, default interest to the amount of 10% p.a. and at least 5% above the basic interest rate shall be charged. Driving Concept GmbH reserves the right to provide proof of late payment damages exceeding the interest charged.
3.6. If money orders, cheques or drafts are accepted as payment, the payment shall not be deemed fulfilled until such payment is cleared. All costs for the collection of payment shall be paid by the contractual partner in addition to the agreed and invoiced price.
3.7. Payment is only deemed fulfilled when Driving Concept GmbH is able to access said amount. In the case of payment by cheque, the payment is only deemed fulfilled when the cheque is finally credited to Driving Concept GmbH.
3.8. The contractual partner is only entitled to submit counter-claims or exercise its right of retention if said claims are undisputed or deemed to be legally binding. The contractual partner is only entitled to exercise its right of retention if said right affects the respective contractual relationship.
3.9. If Driving Concept GmbH becomes aware of circumstances that call into question the credit worthiness of the contractual partner, especially if a cheque cannot be cleared or payment is cancelled, Driving Concept GmbH has the right to claim the total remaining amount due. In this case, Driving Concept GmbH is explicitly entitled to request advance payment or provision of a security.
4. TERMS OF CANCELLATION
Should the contractual partner terminate the contract, the following costs shall be payable immediately:
– 10% of the agreed price if cancellation occurs 60 calendar days before the start of the event.
– 60% of the agreed price if cancellation occurs between 60 and 16 calendar days before the start of the event.
– 80% of the agreed price if cancellation occurs between 15 and 6 calendar days before the start of the event.
– 100% of the agreed price if cancellation occurs within 5 calendar days preceding the start of the event.
The contractual partner is entitled to provide evidence that the actual amount due or damages incurred either do not exist at all or are significantly lower than the requested fee.
5.1. Participants take part in events at their own risk. Before the start of an event, every participant must expressly agree to this risk in writing by signing a disclaimer on behalf of themselves and any legal assignees. The disclaimer specifically includes the following agreements:
Driving Concept GmbH and any auxiliary agents working on its behalf accept liability for compensation claims asserted by the contractual partner or participant due to faulty contractual performance, culpa in contrahendo and unlawful acts as follows:
– Liability for personal damages falls in line with legal provisions.
– Liability for material damages is limited to the amount of cover provided by the liability insurance policy held by Driving Concept GmbH.
– Liability for pecuniary damages is excluded.
Limitations to liability do not apply insofar as damage to privately used items under the German Product Liability Act, cases of gross negligence or wilful intent, or violation of essential contractual obligations or absence of demonstrably warranted properties are already covered under contractually foreseeable damages.
5.2. In cases where the contractual partner and the event participant are not one and the same, the contractual partner agrees to release Driving Concept GmbH and/or auxiliary agents working on its behalf from liability for the participants, insofar as this is permissible under law.
Event holder’s liability insurance and accidental insurance for participants have been agreed for events held by Driving Concept GmbH. In the case of events held abroad, every participant must be in possession of valid private overseas health insurance. Comprehensive cover may be possible depending on the type of event. If the contractual partner already has comprehensive cover, the contractual partner should clarify in advance whether this cover also applies to the specific event in question. Participation in race track events, driving on high-speed tracks or driving courses involving independent driving shall not be covered by insurance protection on the part of Driving Concept GmbH. In the case of events involving independent driving, it is strongly recommended that accidental insurance be agreed that specifically covers the risk presented by said events.