Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of gift vouchers
- General Conditions of Participation for Events (e.g. Trackdays)
- Non-execution and non-implementation of events
- Liability of the organiser for damage to property and personal injury
- Audio, photo and video recordings
- Applicable law
- Place of jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of GP 249 GmbH (hereinafter referred to as "Seller" or "Organiser") apply to all contracts for the delivery of Goods and the Organisation of Events and Track Days as well as all associated services that a consumer or business (hereinafter referred to as "Customer") concludes with the Seller with regard to the Goods or other Services (e.g. Track Days) presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 These GTC apply accordingly to contracts for the delivery of tickets, unless otherwise expressly agreed. In this context, these GTC only regulate the sale of tickets for certain events described in more detail in the Seller's item description and not the performance of these events. The performance of the events shall be governed exclusively by the statutory provisions in the relationship between the customer and the organiser and, if applicable, by any terms and conditions of the organiser that deviate from these. If the Seller is not also the organiser, the Seller shall not be liable for the proper conduct of the event, for which the respective organiser shall be exclusively responsible.
1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions or event descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods or event offers in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.5 Before bindingly placing an order or booking an event (e.g. trackday) via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognise input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
3.3 Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), unless otherwise agreed, a right of cancellation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of the services. Accordingly, a right of withdrawal is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) shall be notified to the customer in the Seller's online shop and can be viewed here.
4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the "Shopify Payments" payment service is selected, the payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which may be pointed out to the customer separately. Further information on "Shopify Payments" is available on the Internet at: https://www.shopify.de/payments.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.
5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in this respect in the Seller's revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers shall be provided to the Customer as follows:
- by e-mail
5.5 Tickets shall be provided to the customer as follows:
- by e-mail
6) Retention of title
If the seller makes advance payment, he shall retain title to the goods delivered until the purchase price owed has been paid in full. Tickets or access authorisation to events shall only become valid after receipt of the corresponding payment.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
8) Redemption of gift vouchers
8.1 Gift vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
8.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.
8.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift Vouchers can only be used to purchase merchandise or event tickets and cannot be used to purchase additional Gift Vouchers.
8.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.
8.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9) General Conditions of Participation for Events (e.g. Track Days)
All trackdays organised by GP 249 GmbH serve to improve driving skills and not to achieve best times or top speeds. The events or Track Day have no racing character or any type of competetive elements.
9.1 By registering, the participant assures that he/she is in possession of a valid driving licence and that this is also valid at the time of the event. The organiser is entitled to ask for the driver's licence before the start of the event. Minors are excluded from participating in events (as drivers or co-drivers).
9.2 By registering, the participant assures that the vehicle used is in his possession or that he has the corresponding permission of the owner.
9.3 Helmets and the wearing of seat belts are compulsory at all GP 249 GmbH events. In addition, participants must comply with the track and driving regulations and attend the online drivers' briefing (e-briefing). In case of disregard or violation of the regulations, the organiser is entitled to exclude the participant from the event at any time without claiming a refund of the participation fee. This also includes the specific noise restrictions of the race tracks.
9.4 The participant assures that he/she is not under the influence of drugs, alcohol or medication at the time of the event. In the event of reasonable suspicion, the Organiser reserves the right to exclude the Participant from the Event without entitlement to a refund of the participation fee.
9.5 The participant confirms that the vehicle used is in technically perfect condition. Upon request, representatives of GP 249 GmbH may inspect the condition of the vehicle. If it is found that the vehicle is not suitable for use on a race track, the participant may be excluded from the event without any right to a refund of the entry fee.
9.6 In the case of participation with a non-road-legal vehicle, the participant assures that a liability insurance policy with sufficient coverage has been taken out prior to the start of the event. Representatives of GP 249 GmbH may check the insurance documents and exclude participants from the event without entitlement to reimbursement if no suitable cover is in place.
9.7 The organiser may prohibit certain types of vehicles from participating in the event at any time. This classification is generally defined in the product or event description.
9.8 Commercial suppliers (racing taxis, (race) car rental services, etc.) and commercial participants are only permitted to take part after written confirmation by GP 249 GmbH. If no prior consent has been obtained, GP 249 GmbH reserves the right to exclude participants from the event without entitlement to a refund of the participation fee.
9.9 During an event, all participants are required to behave in an appropriately considerate manner towards other participants. If representatives of the organiser find that a participant is endangering, harassing or coercing others during the event, he/she will be immediately banned. In this case, there is no entitlement to a refund of the participation fee. The GP 249 GmbH driving regulations communicated in the Online Briefing prior to the event will also apply.
10) Non-execution and non-implementation of events
10.1 The organiser reserves the right to postpone or cancel the agreed date for relevant events (e.g. trackdays) for good cause if the cause was not foreseeable at the time the contract was concluded. In this case, the provider can offer an alternative date in consultation with the customer. In this case, the client has the right to withdraw from the contract. Payments already made will then be refunded. Further claims (e.g. for travel expenses, accommodation, etc.) of the customer are excluded.
10.2 Insofar as the implementation of events is endangered or prevented by force majeure, the organiser has the right to cancel or terminate the event (e.g. trackday). Services already rendered will not be refunded. Further claims of the customer are excluded.
10.3 While the event takes place in all weather conditions, the event may be interrupted, stopped or cancelled depending on the weather conditions on the execution date. Services already rendered will not be refunded. Further claims of the customer are excluded.
11) Liability of the organiser for damage to property and personal injury
11.1 Neither GP 249 GmbH nor its affiliated companies offer, arrange or have taken out insurance for participants in the events.
11.2 All participants are responsible for taking out all necessary insurance before the event. It is recommended to check in advance whether participants' existing insurance policies cover any damage to their own vehicles, other participants' vehicles and the track infrastructure.
11.3 As described in point 9.6, non-road-legal vehicles must have third party insurance. Participants are responsible for obtaining an appropriate policy themselves. The organiser does not take out insurance for the participants.
11.4 By participating in the Organiser's event, the Participants confirm that they are not entitled to assert claims for damages relating to personal injury or property damage in connection with any of the events organised by the Organiser e.g. Trackdays. This also expressly applies to any legal successors.
11.5 All damage caused by the customer must be reported immediately to the Organiser and replaced without delay in consultation with the track operator.
11.6 Liability between participants is excluded unless otherwise stated.
11.7 Insofar as representatives of GP 249 GmbH, associated companies, external service providers, employees and helpers drive a participant's vehicle on request and damage occurs as a result, the above-mentioned companies and persons are not liable. Gross negligence or intent are not affected by this.
12) Audio, photo and video recordings
12.1 Participants and visitors of GP 249 GmbH events agree to the possible recording of audio, photo and/or video material by the organiser.
12.2 Furthermore, the organiser is permitted to use any audio, photo or video material recorded at the events without prior consent by visible persons for advertising and/or press purposes and on social and print media associated with the organiser.
12.3 All pictures, videos and other recordings taken by employees, freelancers and other partners of GP 249 GmbH are for private use only. Any usage for commercial or business purposes requires written consent of GP 249 GmbH
13) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
14) Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.
15) Alternative dispute resolution
15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
15.2 The Seller is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
The English Version is the "Reading Version". The "German Version" is the legally binding version.