GENERAL TERMS AND CONDITIONS

sportfahrer.at Trackdays & Coaching GmbH

General terms and conditions of business

Scope

These General Terms and Conditions apply to contracts for the organization and implementation of events and functions, as well as all related services and deliveries of sportfahrer.at Trackdays & Coaching GmbH and its contractual partners.

Nature of the events

TrackDay's and driver trainings on circuits that are closed to public transport during the event. A circuit is an extensively equipped track that has been selected exclusively for safety reasons. The event is not intended to achieve maximum speeds and not to determine the shortest driving time, but to optimise driving skills and technique. The aim of the event is to improve driving safety for road traffic.

Conditions of participation

All cars that comply with the invitation to tender are admitted. The vehicles must be in technically perfect and roadworthy condition and equipped with a towing device (hook or similar). Trucks and motorcycles are not permitted. All holders of a valid driving licence or holders of a valid licence to drive the vehicle used are entitled to participate. The participant declares by his signature that he is the owner of the vehicle to be used. If a participant is not the owner of the vehicle used, a waiver by the vehicle owner must be enclosed with the registration or submitted at the latest at the event. The participant is also responsible under civil law for ensuring that this is a legally valid waiver. In the event of a misleading or false waiver by the vehicle owner, the participant shall indemnify the organizer from any claims by the vehicle owner, except for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty.

Safety belts must be worn during the training sessions, furthermore, protective helmets for drivers and co-drivers are mandatory at racetrack events, drivers and co-drivers must be at least 18 years of age, the vehicles may be occupied by a maximum of 2 persons. The instructions of all persons entrusted with the organisation of the event must be followed without fail. In addition to the entry fee, each participant bears the costs for his vehicles as well as costs for travel, food and accommodation if necessary. The organizer reserves the right to make all necessary changes to the program due to force majeure or for safety reasons or as ordered by the authorities, or to cancel the event if this is due to extraordinary circumstances, without assuming any liability for damages. If the number of participants is too low, the organizer is entitled to cancel the event, in this case paid entry fees will be refunded; no further claims against the organizer can be derived from this. Otherwise, the event will take place in all weather conditions, in case of non-appearance no refund of entry fees will be made.

Withdrawal and costs for the participant in case of cancellation of the registration

In the event of withdrawal of the participant, sportfahrer.at is entitled to charge the agreed services in full, if subletting is no longer possible.

No cancellation fees are due for cancellations up to 61 days before the event.

In case of withdrawal from the 60th day before the event, 25% of the participation fees are due.

In case of cancellation from the 30th day before the event, 50% of the participation fees are due.

In case of withdrawal from the 14th day before the event, 75% of the participation fees are due.

In case of cancellation from the 7th day before the event or non-appearance 100% of the participation fee is due.

Right of withdrawal

The subscriber has no right of withdrawal for tickets or products purchased by telephone or via the website (distance or off-premises contracts) for services in the fields of car rental, the supply of services related to leisure activities and which have a specific date or period stipulated in the contract.

Contractual declarations of the participants to exclude liability

The participants (drivers, co-drivers, teams, car owners, car owners, car holders, helpers) take part in the event at their own risk. They are fully responsible under civil and criminal law for all damage caused by them or the vehicle they use, unless an exclusion of liability is agreed. Teams and participants are liable for their drivers, co-drivers, guests and helpers.

By submitting this registration the participants declare their waiver of claims of any kind for damages in connection with the event, namely against

the organiser(s), including all affiliated clubs, associations and organisations
their helpers and instructors
the line operator, other line owners and operators, all affiliated companies and their employees, including marshals and other authorised persons and companies
Authorities, services and all persons connected with the organisation of the event
Road construction load carriers, insofar as damage is caused by the condition of the roads to be used at the event, including accessories,
the vicarious agents and assistants of all persons, companies and institutions mentioned above,

except for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty and except for other damages which are based on an intentional or grossly negligent breach of duty,

It is expressly pointed out that this waiver of liability also applies if instructors drive their vehicles at the request of participants (e.g. demonstration drives) and if participants are taken along in vehicles of the organizer or instructors (e.g. demonstration drives).

Declaration of participation & exclusion of liability at the race track before the start of the race

This declaration must be read and signed by all participants at each event. It is the prerequisite for participation in our events and for driving on the race track.

Under indication of first and last name, date of birth, address, phone number, e-mail and driving licence number I hereby expressly declare

that I participate voluntarily and exclusively on my own responsibility in events on the race track (race track including auxiliary facilities). I am aware that the event is fundamentally dangerous and that I have the necessary knowledge to correctly assess all risks associated with the event, in particular driving in groups, weather conditions, the condition of the ground, materials and track.
that I am fully aware of the risks of the sport or the respective event and the possible dangers associated with it. The realization of a hazard can result in the risk of physical injury, pain, trauma or death etc.
that I do not suffer from any mental or physical infirmity that impairs my driving ability and/or ability to participate and/or that I am not under the influence of alcohol, drugs or medication during the entire duration of the event; otherwise the organizer has the right to exclude the participant from the event without substitution.
that I acknowledge that damage at motor sport events is not covered by the liability insurance and that every vehicle owner, regardless of the fault, must pay for damage to his own vehicle (if necessary, a corresponding motor sport insurance can be concluded in advance).
that the vehicle used by me is in a safe condition for driving and operation (including functional brake system, impeccable tyres, no oil/water loss, exhaust system in accordance with sound regulations)
that I will follow the instructions of the staff of sportfahrer.at and/or race track operators without exception and can be excluded from the event without compensation in case of non-compliance.
that I and my legal successors will be liable in particular for any direct or indirect damage caused by me to the facility (race track including ancillary facilities and pits, etc.), personal injury and damage to third-party property and that I expressly and irrevocably waive any liability of sportfahrer.at, as well as all organizations and individuals associated with it, with regard to claims of any kind, both existing and future.
that I and my legal successors, sportfahrer.at, as well as all organizations and individuals associated with it, which are connected to damage events caused by me, will indemnify and hold harmless in full and compensate without reservation any costs directly or indirectly caused by me resulting from damage to property, bodily injury or death up to the legal maximum extent.
that I am aware of the existing webcams and that recordings of me are transmitted to the internet in the form of real-time recordings (webcams).
that I acknowledge that recordings of my person in picture or sound may be created and used without any time, space and content restrictions in known media (e.g. homepage, Facebook, Instagram, print, ...) in any form and as often as desired.
that recordings of my person by the security surveillance cameras are stored and processed by computer and used in case of an incident for the clarification of criminal behaviour, accidents, damages and/or other comparable incidents.
that I am not entitled to any claims whatsoever against sportfahrer.at in the event that I am excluded from the event for safety reasons or through my own fault or if the event is completely cancelled, broken off or started late.
that my personal data (name, address, telephone number, e-mail address) may be stored and processed by sportfahrer.at for the purpose of preparation for registration, a satisfaction survey or the sending of advertising information about products and services of sportfahrer.at by e-mail. My consent to the collection, storage, processing and use of my data is voluntary and I can withdraw my consent at any time without giving reasons by e-mail to info@sportfahrer.at.

Other provisions

By booking our products and events, each participant accepts the above terms and conditions without any restrictions and they become binding for all participants. The waiver of liability applies to claims on any legal grounds, in particular to claims for damages arising from contractual and non-contractual liability and also to claims in tort.