General terms and conditions (GTC) of DS Track-Coaching – Daniel Schwerfeld

Table of contents:

I. General Provisions (Applicable to any business relationship)

II Conditions of Participation & Use / Liability (Applicable to every driving event)

Conditions for driver trainings and trackdays

We offer driving seminars, coaching and other driving events.

The terms and conditions supplement the legal regulations and govern the legal relationship between you and us. Deviations in the respective advertisements or catalogue references have priority.

1. conclusion of contract

The contract for participation in our events is concluded when we accept your registration. You will then receive a confirmation or invoice for the event in question (conclusion of contract).

If the content of our acceptance (confirmation) differs from the registration, a new offer is available. We are bound to this offer for 10 days. Within this period, you can accept the offer by making a declaration to us. Otherwise no contract is concluded.

2. payment, down payment

The total price of 100% is due for payment immediately upon conclusion of the contract. The prices are EURO prices or in the currency valid in Germany at the time of payment due date.

3. non-payment, refusal of performance, compensation

In the event that you do not meet your payment obligations even after a reasonable period of grace, we shall be entitled to refuse performance definitively and, in addition, to claim damages for non-performance of the contract. However, this only applies if you are in default of payment.

If we demand compensation for damages, the following cancellation regulations apply accordingly.

4. cancellation conditions

If you cancel (cancel) a booked event, the following cancellation fees will be charged for driving courses and driving seminars:

• up to 30 days prior to the event 50% of the total price
• from 29th to 15th day before the event 80% of the total price
• from 14th to 6th day before the event 90% of the total price
• from the 5th day until the beginning of the event 100% of the total price

Any cancellation must be made in writing and is otherwise invalid. Decisive for the calculation of the above-mentioned cancellation periods is the date of receipt of the cancellation (cancellation) by us.

We are entitled to offset a cancellation fee against already paid event fees and will reimburse any surplus.

When booking accommodation, the respective cancellation fees of the hotel will be charged.

5. substitute person

Instead of cancelling the event, you also have the option of naming a substitute person. In this case we do not charge a processing fee.

6. postponement, cancellation by us

We reserve the right to postpone or cancel events if too few participants have registered or the event cannot be held due to force majeure. In this case we will of course refund the full cost of the event, which you have already paid for.

In all other respects, the following (Section III) Conditions of Participation & Use apply.

II) General provisions

When initiating, concluding, handling and reversing a contract, we collect, store and process data within the framework of the legal provisions. When you visit our website, the IP address currently used by your PC, the date and time, the browser type and operating system of your PC and the pages you view are logged. Conclusions about personal data are not possible and not intended. The personal data that you provide us with, for example when placing an order or by e-mail (e.g. name and contact details), will only be processed for correspondence with you and only for the purpose for which you have provided us with the data. We will only pass on your data to the shipping company commissioned with the delivery of your order, as far as this is necessary for the delivery of the goods.  We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given your express prior consent. Insofar as we use the services of third parties for the execution and handling of processing procedures, the provisions of the Federal Data Protection Act are observed. Personal data that has been communicated to us via our website is only stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as retention periods under commercial and tax law must be observed, the duration of storage of certain data can be up to 10 years.

YOUR RIGHTS

If you no longer agree to the storage of your personal data or if it has become incorrect, we will, upon your instruction, arrange for the deletion, correction or blocking of your data within the framework of the legal provisions. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact the address given.

The place of jurisdiction for fully qualified merchants, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract, or whose place of residence or habitual abode is not known at the time of filing a suit, is the tour operator’s registered office.

These conditions apply exclusively. Conflicting or deviating terms and conditions of the customer will not be recognised unless we have expressly agreed to them in writing before conclusion of the contract. Our terms and conditions of sale shall also apply if the delivery to the customer or the performance of the service to the customer is carried out without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

DS Trackcoaching (Daniel Schwerfeld), Luegallee 14 in 40545 Düsseldorf, Tel. 0151-27555579

II) CONDITIONS OF PARTICIPATION & USE / LIABILITY

The aim of participating in a DS Trackcoaching event is to improve the personal driving skills of the participant and not to achieve top speeds.

1. The participant affirms that he/she is in possession of a valid driving licence for the vehicle class in question and undertakes to allow us to inspect it on request. The participant further affirms that the vehicle he is driving is his property or that the owner agrees to participate in the event. In principle, all vehicles (passenger cars) that comply with the invitation to tender are permitted to participate. The vehicles must be in technically perfect and roadworthy condition, for which the participant is responsible.

2. We are entitled to exclude from the event any participant who disregards the instructions of the instructor or organiser despite a warning.

3. We are entitled to exclude the participant whose vehicle does not meet our requirements from the further driving part of the event.

4. For training drives on race tracks, helmets are mandatory, seat belts must be worn and the participants must comply with the regulations for the use of the sound system and the track regulations. We reserve the right to exclude the participant who disregards these rules from the further driving part of the event.

5. during the course, the instructions of our instructors must be followed without fail in the interest of safety. In case of violation of instructions, especially in cases of danger to persons and property, the participant can be excluded from the driving part of the event. It is again expressly pointed out that the course is not intended to achieve maximum speeds or the best lap times.

6. there is a strict ban on alcohol during the entire course! We reserve the right to exclude any participant from the driving part of the event if there is a justified suspicion that he or she is unfit or unfit to drive (e.g. use of alcohol, drugs or medication).

7. We reserve the right to postpone, break off or cancel the event for good cause for the safety of the participants.

8. in case of non-participation or exclusion of the participant in the booked course for reasons that are within the sphere of the participant, there is no claim to a refund of the price or we retain our claim to the price.

9. The organiser and his assistants are only liable for damages to the participant if the damage was caused intentionally or by gross negligence. This limitation of liability does not apply to damages resulting from injury to the body, health or life of a participant, provided that the participant has followed the instructions of the instructors.

Accompanying persons take part in the event at their own risk. Participation in the exercises by the accompanying person is not permitted. The minimum age of the accompanying persons is 14 years.

10. For damages caused by DS Trackcoaching or its vicarious agents to a participant or an accompanying person, liability is only accepted if caused intentionally or by gross negligence.

The organiser is not liable for damage caused to participants among themselves. The participant shall be liable for damage caused by a participant on the race track (e.g. sweeping fee due to leaving the paved part of the race track). If DS Trackcoaching advances the costs incurred, the participant undertakes to reimburse these against proof of costs.

11. If, at the express request of a participant, an instructor from DS Trackcoaching drives the participant’s vehicle and damage occurs as a result, DS Trackcoaching and the instructor are not liable, regardless of the degree of fault.

This does not apply in the case of physical injury. In such a case DS Trackcoaching and the instructor are only liable in case of gross negligence or intent.

12. the participants and accompanying persons of the event agree that we may take photographs, sound and film recordings of the event. We are entitled to dispose of this material free of charge, in particular to use it for advertising purposes.

13. the participant is obligated to attach the issued start numbers to the participant’s vehicle in a clearly visible place at the beginning of the event and to remove them from the vehicle after the end of the event, at the latest when leaving the practice area.

14. If we provide the participant with a vehicle for use and participation in the event, the following conditions apply: Any other use of the vehicle of any kind whatsoever is prohibited. With regard to the details of the vehicle, the findings and information in the handover protocol shall apply. The participant is obliged to handle the vehicle with care and attention. The participant is liable for any damage to the vehicle, regardless of whether this damage is caused by fault or not and which occurs after handover to the participant until the vehicle is returned.

 

I am aware of the conditions as well as the conditions of participation and use of DS Trackcoaching, I accept them and they become part of the contract with my booking / signature.

If you have any questions, simply call us on: +49 151 27555579 or send us an email to daniel@daniel-schwerfeld.de

You can reach us on weekdays from 08:00 to 18:00.