Terms & Conditions

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery, transfer of risk
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of gift vouchers
9. General terms and conditions of participation for trackdays
10. Non-implementation/interruption of events, Force Majeure
11. External events
12. Liability of the organiser
13. Audio, photo and video recordings
14. Data protection
15. Applicable law, plase of jurisdiction
16. Dispute resolution for consumer contracts
17. Severability clause, interpretation, German terms

1) Scope of application

1.1 These General Terms and Conditions (“T&Cs”) of GP Days GmbH based in Essen (“Seller” or “Organiser”) shall apply to all contracts for the delivery of movable items (goods) and participation in events (e.g., track days) as well as all associated services that a consumer or entrepreneur (“Customer”, Organiser and Customer together “Parties” and each individually a “Party”) concludes with the Seller with regard to the goods or events (e.g., track days) presented by the Seller in its online shop. “Consumer” is any natural person who concludes the contract predominantly for a purpose that cannot be attributed to his/her commercial or independent professional activity (section 13 German Civil BGB). “Entrepreneur” is a natural or legal person or a partnership having legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (section 14 para. 1 German Civil Code (BGB)).

1.2 These T&Cs shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as the Organiser has expressly agreed to their validity, at least in Text Form. “Text Form” means a legible declaration in which the person making the declaration is named, submitted on a durable medium (e.g., e-mail).

1.3 Individual agreements made between the Parties in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these T&Cs. Subject to proof to the contrary, the content of such agreements shall be governed by a contract between the Parties or by the Organiser’s confirmation, at least in Text Form.

1.4 Legally relevant declarations and notifications relating to the contract (e.g., setting of deadlines, notification of defects, cancellation or reduction) must be made at least in Text Form. Statutory formal requirements remain unaffected.

1.5 References in these T&Cs to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are expressly amended or excluded in these T&Cs.

2) Conclusion of contract

2.1 The goods and events presented and described in the Seller’s online shop (collectively ”Products” and individually “Product”) do not constitute binding offers by the Seller. They are merely an invitation to the Customer to submit a binding offer to conclude a contract for a Product.

2.2 The Customer can submit his offer via the online order form integrated into the Seller’s online shop. After placing the selected Products in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding offer with regard to the Products contained in the shopping basket by clicking the button that completes the ordering process.

2.3 Immediately after placing the order, the Customer receives an e-mail confirming receipt of his order by the Seller (“Order Receipt Confirmation”). The Order Receipt Confirmation is sent automatically and only serves to confirm receipt of the order by the Seller. It does not constitute acceptance of the Customer’s offer to conclude a contract for the Products ordered by the Customer.

2.4 A contract between the Customer and the Seller for the Products ordered by the Customer is concluded when the Seller accepts the Customer’s order either explicitly (e.g., by order confirmation) or by conclusive behaviour (e.g., by dispatching the goods). The Seller may accept the Customer’s offer within five (5) days of receipt of the offer by the Seller.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is saved by the Seller after the contract is concluded and sent to the Customer in Text Form  after the Customer’s has submitted his order. The Seller will not make the text of the contract available 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 free of charge by the Customer via his password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 The contract is concluded exclusively in German or English, depending on whether the Customer places the order via the German-language or the English-language page of the online shop. If an order is placed via the German-language page, only the German version of these T&Cs shall apply. If the order is placed via the English-language page, only the English version of these T&Cs shall apply.

2.8 Order processing and communication are usually carried out by 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 the 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 have a statutory right of withdrawal (Widerrufsrecht) when concluding a distance contract (Fernabsatzvertrag). A distance contract (Fernabsatzvertrag) exists, among other things, if the contract is concluded via the Internet.

3.2 Further information on the right of withdrawal (Widerrufsrecht) can be found in the cancellation policy of the Seller. The cancellation policy is made available to the Customer during the ordering process and in the order confirmation.

3.3 Pursuant to section 312g para. 2 no. 9 German Civil Code (BGB), there is, unless otherwise agreed, no right of withdrawal (Widerrufsrecht) for 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 services. Accordingly, a right of withdrawal (Widerrufsrecht)  is also excluded for contracts relating to the sale of tickets for scheduled leisure events.

4) Prices and terms of payment

4.1 The prices shall apply as they are shown in the Seller’s online shop at the time the Customer places his order. All prices shown in the Seller’s online shop are gross prices including statutory VAT (value added tax) and do not include any shipping costs incurred. Any customs duties and similar charges shall be borne by the Customer.

4.2 If shipping costs are incurred, these are shown to the Customer during the ordering process and are to be borne by the Customer. 

4.3 The payment options are shown to the Customer in the Seller’s online shop. Unless otherwise stated in the online shop, the Customer can choose between the following payment options:

4.3.1 Credit Card

If the Customer chooses to pay by credit card within the order process, the Customer must enter his credit card details in the order form. The price of the Customer’s order will be debited immediately after receipt of the order.

4.3.2 PayPal

If the Customer selects payment via PayPal during the order process, the payment will be made via PayPal (Europe) S.à r.l. & Cie, S.C.A., based in Luxembourg (PayPal). When paying via the PayPal payment service, the Customer is redirected to the PayPal payment pages at the end of the order process. There, the Customer enters his account information and confirms the payment to the Seller. Payment is initiated immediately.

4.3.3 Klarna

In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), the Seller offers the following payment options: immediate transfer (Sofortüberweisung) and on account. Payment is made to Klarna in each case and is subject to Klarna’s terms and conditions.

4.3.4 Bank Transfer

If payment by bank transfer is selected by the Customer, the Customer must make the payment after receipt of the Seller’s invoice to the account specified in the invoice.

The payment process is subject to the respective terms and conditions of the Customer’s bank or the payment service provider chosen by the Customer.

5) Delivery, transfer of risk

5.1 Unless otherwise agreed, goods will be delivered by dispatch to the delivery address specified by the Customer.

5.2 If no delivery period is specified in the Seller’s online shop, a delivery period of five (5) days shall apply. Delivery periods are calculated from receipt of payment in the account specified by the Seller. The day on which the goods are handed over by the Seller to the shipping company is decisive for compliance with delivery deadlines.

5.3 If the carrier returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of re-dispatch. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the Customer effectively exercises his right of withdrawal (Widerrufsrecht). If the Customer effectively exercises his right of withdrawal (Widerrufsrecht), the provision in the Seller’s cancellation policy shall apply to the costs of the return.

5.4 Collection by the Customer is not possible due to logistical reasons.

5.5 Vouchers and tickets will be provided to the Customer by e-mail.

5.6 Unless expressly agreed otherwise, the Seller shall be entitled to determine the type of dispatch (in particular transport company, dispatch route, packaging) at its own reasonable discretion. The Seller is only responsible for the timely and proper delivery of the goods to the carrier and is not responsible for delays caused by the carrier.

5.7 The Seller shall be entitled to make partial deliveries to an extent reasonable for the Customer, which shall be deemed partial fulfilment. In particular, if the Customer has purchased separately usable products, the Seller may also dispatch them in several separate deliveries. Additional shipping costs caused by partial deliveries shall be borne by the Seller. The Customer’s rights with regard to timely and proper delivery are not limited by the Seller’s right to make partial deliveries.

5.8 The risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the Customer at the time when the goods are delivered to the Customer or the Customer is in default of acceptance.

5.9 The rights under Sections 7 and 11 of these T&Cs and the statutory rights of the Seller, in particular in the event of an exclusion of the duty to perform (e.g., due to impossibility or unreasonableness of performance and/or supplementary fulfilment), remain unaffected.

6) Retention of title

If the Seller delivers goods in advance , the Seller shall retain title to the delivered goods until the purchase price owed by the Customer has been paid in full. Tickets or access authorisation to events only become valid after receipt of the corresponding payment.

7) Liability for defects (warranty)

7.1 The statutory provisions shall apply to the Customer’s rights in the event of defects in goods (including incorrect and short deliveries), unless otherwise specified below.

7.2 The Customer is requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

7.3 In the event of defects claims for damages or reimbursement of futile expenses shall only exist in accordance with Section 11 and are otherwise excluded.

8) Redemption of gift vouchers

8.1 Vouchers that can be purchased via the Seller’s online shop (“Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

8.2 Gift Vouchers and remaining credit on Gift Vouchers can be redeemed until the end of the third (3rd) year after the year in which the voucher was purchased. Remaining credit will be credited to the Customer until the expiry date.

8.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

8.4 Only one Gift Voucher can be redeemed per order.

8.5 Gift Vouchers can only be used for the purchase of goods or event tickets and not for the purchase of further Gift Vouchers.

8.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

8.7 The balance of a Gift Voucher is neither paid out in cash nor does it bear interest.

8.8 The Gift Voucher is transferable. The Seller can make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.

9) General terms and conditions of participation for trackdays

9.1 All trackdays organised and conducted by the Seller are intended solely to improve driving skills (driving training) and not to achieve best times or top speeds. The events or trackdays have no racing or competitive character.

9.2 Minors are excluded from participating in events as drivers or co-drivers. Commercial providers (race taxi rides etc.) and commercial participants are only permitted to participate in trackdays after written confirmation by the Organiser. If the Customer has not obtained such written confirmation before the start of the event, the Organiser reserves the right to exclude the participants from the event without entitlement to a refund of the participation fee.

9.3 By ordering a driver ticket for a trackday event and participating in the event, the Customer assures that

9.3.1 he is in possession of a valid driving licence and that this is also valid at the time of the event;

9.3.2 the vehicle used is in his possession, or that he has permission from the owner of the vehicle to use the vehicle for the trackday event;

9.3.3 the vehicle used is in perfect technical condition and is suitable for use on a racetrack;

9.3.4 if participating with a vehicle that is not authorised for use on public roads, he has taken out liability insurance with adequate cover before the start of the event;

9.3.5 he is not under the influence of drugs, alcohol or medication at the time of the event.

The Organiser is entitled to check or have checked the Customer’s compliance with the above provisions by taking appropriate measures before the Customer takes part in the event, e.g., by inspecting the Customer’s driving licence or examining the vehicle. If there is reasonable suspicion that the Customer is in breach of the aforementioned assurances, the Organiser reserves the right to exclude the Customer from participating in the event without entitlement to a refund of the participation fee.

9.4 Helmets and seatbelts must be worn by participating drivers at all trackdays. If the Customer takes part in a trackday event as a driver, he must also

9.4.1 comply with the track and driving regulations and noise restrictions of the Seller and/or the racetrack operator, and

9.4.2 take part in the online driver briefing (e-briefing).

In the event of disregard or violation of the above provisions, the Organiser is entitled to exclude the Customer from participating in the event at any time without entitlement to a refund of the participation fee.

9.5 The Organiser may exclude certain vehicle types from participation in the event at any time. The exclusion of certain vehicle types is set out in the Organiser’s description of the event.

9.6 Neither the Organiser nor its affiliated companies offer, arrange or have taken out insurance for participants in the events. Each participant is responsible for taking out all necessary insurance before participating in the event. Before participating in an event, the Organiser recommends checking whether existing insurance policies cover any damage to the participant’s own vehicle, vehicles of other participants and the route infrastructure.

9.7 During an event, all participants (drivers, co-drivers and spectators) are required to behave in a considerate manner towards other participants. Should the Organiser discover that the Customer is endangering, harassing or coercing other participants during the event, the Organiser may immediately impose a sending-off without the Customer being entitled to a refund of the participation fee.

9.8 All damage caused by the Customer during an event must be reported to the Organiser immediately. The Organiser and, if applicable, the track operator must be allowed to inspect the damage immediately.

10) Non-implementation/Interruption of events, Force Majeure

10.1 Force Majeure Events shall release the Party affected by a Force Majeure Event from the obligations arising from the contract concluded between the Parties for the duration and to the extent of the effects of the Force Majeure Event.

10.2 A “Force Majeure Event” is any event or circumstance that prevents a Party from fulfilling one or more of its obligations under the contract concluded between te Parties if and to the extent that the Party affected by the impediment (“Affected Party”) proves that (i) such impediment is beyond its reasonable control, (ii) such impediment could not reasonably have been foreseen at the time of the conclusion of the contract; and (iii) the effects of the impediment could not reasonably have been avoided or overcome by the Affected Party. In the following cases, a Force Majeure Event shall be presumed to exist to the extent that the Affected Party proves that the condition under this Section 10.2 (iii) is fulfilled: (a) war (declared or undeclared), hostilities, aggression, acts of foreign enemies, large-scale military mobilisation; (b) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy; (c) currency and trade restrictions, embargo, sanctions; (d) lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalisation; (e) plague, epidemic, natural disaster or extreme natural event and governmental orders in connection with such events; (f) explosion, fire, destruction of equipment, prolonged breakdown of means of transport, telecommunications, information systems or energy; (g) general labour unrest such as boycott, strike and lockout, go-slow, occupation of factories and buildings.

10.3 If a Party fails to fulfil an obligation under the contract due to the failure of a third party whom it has engaged to perform the contract in whole or in part, that Party may invoke force majeure to the extent that the Force Majeure Event applies not only to the Party itself but also to the third party.

10.4 The Party invoking a Force Majeure Event shall notify the other Party immediately after becoming aware of the Force Majeure Event at least in Text Form and provide information about the Force Majeure Event, its expected duration and the extent of the effects of the Force Majeure Event. Each Party shall make all reasonable efforts to avoid or eliminate a Force Majeure Event and to resume fulfilment of its affected obligations as soon as possible.

10.5 An event may be cancelled by the Organiser and the corresponding contract terminated by notice or withdrawal if the event cannot take place due to a Force Majeure Event and the event cannot be postponed by reasonable means. If an event is postponed by the Organiser due to a Force Majeure Event, the Customer may terminate the contract or withdraw from the contract if he is no longer interested in attending the event on the new date.

11) External events

11.1 If subject of the contract is a ticket for an event and the Seller is not also the organiser of the event, the Seller is not liable for the proper execution of the event, for which the respective organiser is solely responsible.

11.2 The respective organiser is specified for each event in the Seller’s online shop.

12) Liability of the organiser 

12.1 The Organiser shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions, unless otherwise stipulated in these T&Cs, including the following provisions.

12.2 Within the scope of fault-based liability, the Organiser shall be liable for damages or compensation for futile expenses – irrespective of the legal grounds – in the event of intent and gross negligence and in the event of culpable injury to life, limb and health.

12.3 Subject to statutory limitations of liability (e.g., care in one’s own affairs; insignificant breach of duty), the Organiser shall, in the event of simple negligence, only be liable for damages arising from the breach of a material contractual obligation (i.e., an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely). In this case, however, the Seller’s liability is limited to compensation for foreseeable, typically occurring damages.

12.4 The limitations of liability resulting from Section 11.3 also apply to breaches of duty by or in favour of persons for whose fault the Organiser is responsible in accordance with the statutory provisions. They do not apply if the Organiser has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. For the avoidance of doubt, they also do not apply in the event of injury to life, limb or health.

12.5 The Customer is entitled to unlimited claims under the German Product Liability Act (ProdHaftG).

13) Audio, photo and video recordings

13.1 Participants and visitors of GP Days GmbH events agree to the possible recording of audio, photo and/or video material by the organiser.

13.2 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.

13.3 All pictures, videos and other recordings taken by employees, freelancers and other partners of GP Days GmbH are for private use only. Any usage for commercial or business purposes requires written consent of GP Days GmbH

14) Data protection

The Organiser and the participants shall comply with the statutory data protection regulations.

15) Applicable Law, place of jurisdiction

15.1 The following shall apply to contracts with consumers:

15.1.1 Subject to mandatory provisions of international private law, the contract concluded between the Parties is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer has his habitual residence in another country, the Customer shall be protected by the relevant statutory provisions of his country of residence, which may not be deviated from by agreement.

15.1.2 If the Customer had his domicile or habitual residence in Germany when the contract was concluded and has either moved out of Germany at the time the action is brought by the Seller or his domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of the Seller.

15.2 The following shall apply to contracts with entrepreneurs:

15.2.1 The contract concluded between the Parties shall be governed exclusively by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods, and to the exclusion of private international law.

15.2.2 The exclusive place of jurisdiction for all disputes arising directly or indirectly from or in connection with the contract concluded between the Parties is the registered office of the Seller.

16) Dispute resolution for consumer contracts

16.1 In accordance with the obligation under article 14 para. 1 of Regulation (EU) 524/2013 on Online Dispute Resolution for Consumer Disputes (ODR Regulation), the Seller informs the Customer that the European Commission provides a platform for online dispute resolution (ODR). The Customer can access this platform at https://ec.europa.eu/consumers/odr. The Seller’s email address is: support@gp-days.com.

16.2 The Seller is not obliged and not willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).

17) Severability clause, interpretation, German terms

17.1 The contract concluded between the Parties shall remain binding in its remaining parts even if individual provisions are legally invalid. The invalid provisions shall be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the Parties, the contract as a whole shall become invalid.

17.2 Unless the context otherwise requires any reference to a gender includes all other genders. When reference is made to a “Section” within these T&Cs, this means a reference to any section of these T&Cs.

17.3 Where a German term has been inserted in quotation marks and/or brackets and/or italics it alone (and not the English term to which it relates) is authoritative for the purpose of the interpretation of the relevant English term in these T&Cs.

 

The English Version is the "Reading Version". The "German Version" is the legally binding version.