1.1 These Terms and Conditions apply to contracts for the organization and implementation of events, incentives, conferences and travel as well as all related services and deliveries of GEDLICH Racing / Kontinua systems GmbH and its contractual partners.
2. Conclusion of Contract, Partners and Liability
2.1 The contract is concluded by the acceptance of the application (confirmation) by GEDLICH Racing / Kontinua systems GmbH to the customer and payment of the agreed advance payment by the customer; these are the contractual partners.
2.2 The scope of the contractual service results bindingly from the service description of the offer for the event period as well as from the information referring to this in the event confirmation/invoice. Other brochures and sources of information are not authoritative. The employees of GEDLICH Racing / Kontinua systems GmbH are not authorized to make verbal agreements.
2.3 GEDLICH Racing / Kontinua systems GmbH is liable for its obligations under the contract. This liability is limited to deficiencies in performance, which are due to intent or gross negligence of GEDLICH Racing / Kontinua systems GmbH, except in the area of typical performance. This limitation does not apply to damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty – also by a legal representative or a vicarious agent of the liable person. In all other respects, the customer is obligated to inform GEDLICH Racing / Kontinua systems GmbH in due time about the possibility of an extraordinary damage.
2.4 Third-party services of other companies explicitly described in the offer as mediated on behalf of third parties are not subject to the liability of GEDLICH Racing / Kontinua systems GmbH. In the case of such mediation, liability for mediation errors is excluded, unless there is intent or gross negligence.
3. Services, Prices, Payment, Rebooking
3.1. Die GEDLICH Racing / Kontinua systems GmbH ist verpflichtet, die vom Kunden bestellten und von der GEDLICH Racing / Kontinua systems GmbH zugesagten Leistungen zu erbringen.
3.2. Der Kunde ist verpflichtet, die für diese Leistungen vereinbarten Preise der GEDLICH Racing / Kontinua systems GmbH sofort nach Rechnungsstellung zu zahlen. Dies gilt auch für in Verbindung mit der Veranstaltung stehende Leistungen und Auslagen der GEDLICH Racing / Kontinua systems GmbH an Dritte. Abweichende Fälligkeiten gelten nur dann, wenn dies gesondert vereinbart wurde. Es besteht keine Leistungspflicht für nicht bezahlte Leistungen. In all other respects the regulations of § 651 k para. 3 BGB (German Civil Code) apply. GEDLICH Racing / Kontinua systems GmbH is entitled to cancel the booking in case of late payment and after expiration of a reasonable grace period and to charge the resulting damage.
3.3 Upon receipt of the written confirmation a deposit of at least 50% of the total price is due.
3.4 The agreed prices are either plus the respective statutory value added tax (in the case of offers for companies) or incl. the statutory value added tax (in the case of
offers for end consumers). If the period between contract conclusion and contract fulfillment exceeds 4 months and if the price generally charged by GEDLICH Racing / Kontinua systems GmbH for such services increases, the agreed price can be increased appropriately, but by a maximum of 10%.
3.5 Invoices of GEDLICH Racing / Kontinua systems GmbH without due date are payable within 5 days after receipt of the invoice without deduction. In case of delayed payment, GEDLICH Racing / Kontinua systems GmbH is entitled to charge interest of 5% above the respective base interest rate to the consumer. If the customer is not a consumer, GEDLICH Racing / Kontinua systems GmbH shall charge interest on arrears in the amount of 8% above the respective base interest rate. The customer is explicitly allowed to prove that a lower damage has occurred. Bank charges shall be borne by the customer in any case.
3.6 GEDLICH Racing / Kontinua systems GmbH is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates shall be agreed upon in writing in the contract.
3.7 In case of default GEDLICH Racing / Kontinua systems GmbH is entitled to charge a flat rate of Euro 8.00 per reminder.
3.8 If, at the request of the customer, changes are made to the event date after the event has been booked up to 30 days before the event date (rebooking), GEDLICH Racing / Kontinua systems GmbH is entitled to charge a processing fee of Euro 15.00 per participant.
GEDLICH Racing / Kontinua systems GmbH reserves the right to add several claims from different orders and to offset them against each other.
5. Extra costs
Services, the provision of which is not the subject of the contract, but which are provided within the framework of the implementation of the event at the short-term instigation of the customer, will be invoiced separately after the event with a handling fee.
6. Travel costs
Reimbursement for costs associated with travel, in particular mileage allowance, accommodation costs, flight costs, catering costs and other costs incurred during travel by freelancers, business partners, interns, potential employees/applicants of GEDLICH Racing / Kontinua systems GmbH and other persons are excluded. A request for reimbursement of travel expenses must be submitted in writing to GEDLICH Racing / Kontinua systems GmbH prior to the start of the trip. Reimbursement without prior written application is excluded.
7. Withdrawal of GEDLICH Racing / Kontinua systems GmbH
7.1 If the advance payment is not made even after the expiry of the deadline with threat of refusal stated in the refusal order, GEDLICH Racing / Kontinua systems GmbH is entitled to withdraw from the contract.
7.2 Furthermore GEDLICH Racing / Kontinua systems GmbH is entitled to withdraw from the contract for an objectively justified reason, for example if
- force majeure or other circumstances for which GEDLICH Racing / Kontinua systems GmbH is not responsible make the fulfilment of the contract impossible;
- events are booked under misleading or false statements of material facts, e.g. of the customer or purpose;
- GEDLICH Racing / Kontinua systems GmbH has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the safety or the public reputation of GEDLICH Racing / Kontinua systems GmbH without this being attributable to the sphere of control or organisation of GEDLICH Racing / Kontinua systems GmbH;
7.3 GEDLICH Racing / Kontinua systems GmbH has to inform the customer immediately about the exercise of the right of withdrawal.
7.4 In case of withdrawal, the customer has no claim for damages against GEDLICH Racing / Kontinua systems GmbH.
7.5 If GEDLICH Racing / Kontinua systems GmbH withdraws from the contract due to a breach of these General Terms and Conditions for Events and Travel by the customer, GEDLICH Racing / Kontinua systems GmbH is entitled to charge for the agreed services if a subletting is not possible.
7.6 The customer is expressly permitted to prove that no damage or a reduction in value has occurred at all or that it is significantly lower than the lump sum.
8. Withdrawal of the customer
8.1 In the event of withdrawal by the customer, GEDLICH Racing / Kontinua systems GmbH is entitled to invoice the agreed services in full if further rentals are no longer possible.
8.2 No cancellation fees are due for cancellations up to 60 days before the start of the event. When booking via experience portals, 30% cancellation fees are due from the day of booking.
- For cancellations between the 59th and 30th day before the start of the event, cancellation fees amounting to 50% of the order sum are due.
- For cancellations from the 29th day before the start of the event, cancellation fees of 90% of the order sum are due.
- For cancellations from the 7th day before the start of the event or for no-shows, cancellation fees amounting to 100% of the order total are due.
8.3 The customer is expressly permitted to prove that no damage or a reduction in value has occurred at all or that it is significantly lower than the lump sum.
9. Jurisdiction/Applicable Law
This contract is subject to German law. For all disputes arising from or in connection with a service provided by GEDLICH Racing / Kontinua systems GmbH, Frankfurt am Main is agreed as the place of jurisdiction if the party to be sued is a merchant, a legal entity under public law or a special fund under public law. This agreement on the place of jurisdiction shall also apply if the party to be sued has moved its place of residence or habitual abode outside the area of application of this law after the conclusion of the contract or if its place of residence or habitual abode is unknown at the time the action is brought. The invalidity of any part of these contractual terms and conditions shall not affect the validity of the remaining provisions.
10. Conditions of participation and use
The aim of participation in a GEDLICH Racing / Kontinua systems GmbH event is to improve the participant’s personal driving skills and not to achieve top speeds or best times.
10.1 The participant assures that he/she is in possession of a valid driving licence of the relevant vehicle class and undertakes to allow the organiser to inspect this on request. The participant further assures that the vehicle driven by him/her is his/her property or that the owner agrees to participate in the event.
10.2 GEDLICH Racing / Kontinua systems GmbH is entitled to exclude a participant from further participation in the course if he/she disregards the participation rules despite a warning.
10.3 During training rides on the training grounds/training tracks, helmets are compulsory, seatbelts must be worn and the obligation to comply with the sound regulations and the track rules exists. GEDLICH Racing / Kontinua systems GmbH reserves the right to exclude the participant who disregards these rules from the further course of the driving part of the event.
10.4 During the course, the instructions of the GEDLICH Racing / Kontinua systems GmbH instructors must be followed without fail in the interest of safety. In case of violations of instructions, especially in cases of danger to persons and property, the participant may be excluded from the driving part of the event. It is
expressly pointed out once again that the course is not intended to achieve top speeds or a best lap time.
10.5 Alcohol is strictly prohibited during the entire course! GEDLICH Racing / Kontinua systems GmbH reserves the right to exclude any participant from the driving part of the event if there is reasonable suspicion that the participant’s fitness to drive or driving incapacity is impaired (e.g. use of alcohol, drugs or medication).
10.6 GEDLICH Racing / Kontinua systems GmbH reserves the right to postpone, cancel or terminate the agreed course for important reasons for the safety of the participants.
10.7 In case of non-participation or exclusion of the participant from the booked course for reasons originating from the sphere of the participant, there is no claim to repayment of the prize, or GEDLICH Racing / Kontinua systems GmbH retains its claim to the prize.
10.8 GEDLICH Racing / Kontinua systems GmbH and its vicarious agents are only liable for damages of a participant if the damage was caused intentionally or by gross negligence. This limitation of liability does not apply to damages resulting from injury to body, health or life of a participant, as long as the participant has followed the instructions of the instructors.
Accompanying persons participate in the event at their own risk. Participation in the exercises by the accompanying person is not permitted. The minimum age of accompanying persons is 12 years. Animals are not permitted in the entire training area.
Parents are obliged to register their underage children in writing with GLG before entering the Ascari Race Resort.
GEDLICH Racing / Kontinua systems GmbH is not liable for damages caused by the participants to each other. The participant is liable for damages caused by a participant on the race track (e.g. sweep fee due to leaving the paved part of the race track).
10.9 If an instructor of GEDLICH Racing / Kontinua systems GmbH drives the participant’s vehicle at the express request of a participant and damage occurs as a result, GEDLICH Racing / Kontinua systems GmbH and the instructor are not liable, regardless of the degree of fault. This does not apply in the case of gross negligence or intent.
10.10. The participants and accompanying persons of the event agree to GEDLICH Racing / Kontinua systems GmbH taking photos, sound and film recordings of the event. GEDLICH Racing / Kontinua systems GmbH is entitled to dispose of this material free of charge, in particular to use it for advertising purposes.
10.11. The participants are obliged to attach the issued start numbers to the participant’s vehicle at the beginning of the event in a clearly visible manner according to the instructions of GEDLICH Racing / Kontinua systems GmbH and to remove them from the vehicle after the end of the event, at the latest when leaving the practice area.
10.12. If a GEDLICH Racing / Kontinua systems GmbH vehicle is made available to the participant for use and participation in the course, the following conditions apply: Any other use of the vehicle of any kind is prohibited. With regard to the details of the vehicle, the findings and information of the handover protocol apply. The participant is obliged to treat the vehicle with care. The participant is liable for any damage to the vehicle, regardless of whether it was caused by fault or not, and which occurs after the vehicle has been handed over to the participant until it is returned.
Damage due to wear and tear within the scope of normal use is excluded. The vehicle provided has fully comprehensive insurance cover with a deductible. The amount of the respective excess is described on the GEDLICH Racing / Kontinua systems GmbH website for the respective event programme and is stated in the vehicle rental contract and confirmed with the signature of the rental company and the renter. The excess is to be paid by the participant in the event of damage. If the vehicle is involved in an accident, GEDLICH Racing / Kontinua systems GmbH is not obliged to provide a replacement vehicle. If the vehicle handed over fails due to a technical defect not caused by the participant, GEDLICH Racing / Kontinua systems GmbH will endeavour to provide a replacement vehicle.
I am aware of the terms and conditions of participation and use of GEDLICH Racing / Kontinua systems GmbH -, I accept them and they become part of the contract with my booking / signature.
10.13 .Terms and Conditions of Participation and Use as well as the General Terms and Conditions and the Cancellation Policy are accepted by the booking.
10.14. GEDLICH Racing / Kontinua systems GmbH acts as an agent in the organisation of travel, vehicle transport and accommodation and accepts no liability for services provided or not provided by the partners and race tracks during the Endless Summer® season and driving programmes.
In the case of booked hotel rooms, rental cars and other additional travel services, GEDLICH Racing / Kontinua systems GmbH acts only as an intermediary and can in no case be held responsible for services not provided or not satisfied by third parties. The contractual partner in this case is the travel agency/online travel agency, hotel, airline, rental car company, etc.
In the case of vehicle transport, the transporter acts as the direct contractual partner. GEDLICH Racing / Kontinua systems GmbH only assumes the function of an intermediary and is not liable for any damage to the vehicle, non-performance of services, unpunctual delivery or similar.
The general terms and conditions of business and insurance of all race tracks during the Endless Summer® season and driving programmes apply to services provided by the individual race tracks.
GEDLICH Racing / Kontinua systems GmbH acts only as an agent and accepts no liability for the accommodation of vehicles in garages or boxes during the Endless Summer® season located on the individual race tracks; neither for vehicle accommodation nor for the storage of materials. There will be no logging of deliveries and collections and storage is at the driver’s own risk.
The insurance conditions of all race tracks during the Endless Summer® season and driving programmes are binding and must be observed.
The prices for the booked service and provided services of all race tracks during the Endless Summer® season and driving programmes are exclusive of the respective applicable statutory VAT, as it is assumed that the customers are of a commercial nature. If the customer is an end consumer, the customer is obliged to inform GEDLICH Racing / Kontinua systems GmbH of this in writing before booking. For end consumers, a price list including the 19% VAT currently applicable in Germany is available.
Driving on the course by underage persons (16-17 years) is only possible with a Neuser Motorsport Coach. Riding alone is strictly prohibited. The legal guardians of minors are 100% liable for all damage caused to material and persons. GEDLICH Racing / Kontinua systems GmbH accepts no liability at any time, even if driving with a Neuser Motorsport Coach has been permitted by GEDLICH Racing / Kontinua systems GmbH.
By signing the waiver of liability, the legal guardian assumes full responsibility and liability for the minor and his or her actions.
As GEDLICH Racing / Kontinua systems GmbH does not exclusively rent the grounds of the race tracks and other venues for events, there is no general access restriction for persons. The customer is liable for his own property and its safekeeping. No liability is assumed by GEDLICH Racing / Kontinua systems GmbH. There are no claims for compensation in the event of damage, loss or theft. This also applies to the safekeeping of vehicles at the Ascari Race Resort and other premises.
GEDLICH Racing / Kontinua systems GmbH
Gustav-Stresemann-Str. 2 · D 74257 Untereisesheim, Germany
Amtsgericht Stuttgart, HRB 746263
VAT-Id. No.: DE 291 088 339
Managing Director: Ulrich Neuser
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must notify us (GEDLICH Racing / Kontinua systems GmbH · Gustav-Stresemann-Str. 2 · D 74257 Untereisesheim, Germany, firstname.lastname@example.org, Tel. +49 7132 36 48 931) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the 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 from the day on which we received the 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 for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.