GENERAL TERMS AND CONDITIONS

1. Conclusion of the Contract, Contractual Basis, Preliminary Notes

1.1 By making a booking (registration), which can only be submitted using the booking form provided by Drive Vision, the participant makes a binding offer to Drive Vision to enter into a contract for participation in the event.

1.2 The basis of this offer is the event description issued by Drive Vision, these participation conditions/General Terms and Conditions (GTC), and the applicable statutory provisions. For bookings of events whose performance includes the use of vehicles provided, there is generally no entitlement to a specific vehicle or a specific vehicle category. All vehicle models mentioned in the event description are examples and do not necessarily correspond to the vehicles actually used at the event.

1.3 Local brochures, hotel brochures and brochures from other service providers not published by Drive Vision are not binding for Drive Vision or its performance obligations unless they have been expressly agreed with the participant as part of the event description or as part of Drive Vision’s performance obligations.

1.4 The booking form may be submitted to Drive Vision by fax, post or email. Verbal and telephone bookings or bookings via electronic means (email without using the registration form, internet) are not possible.

1.5 The participant is liable for all contractual obligations of additional participants for whom they make the booking as for their own, provided that they have assumed this obligation vis-à-vis Drive Vision by an express and separate declaration.

1.6 The contract is concluded upon receipt of Drive Vision’s written declaration of acceptance (participation confirmation). At or immediately after conclusion of the contract, Drive Vision will send the participant, in addition to the participation confirmation, a travel price security certificate. The number of participants is limited and allocations are made on a “first come, first served” basis. Drive Vision will inform without undue delay once the quota has been reached and a registration can therefore no longer be considered.

1.7 A prerequisite for holding the event is reaching the minimum number of participants stated in the travel description; for the winter training format “ARCTIC DRIFT by Drive Vision” this minimum is 8 participants. If the minimum number of participants is not reached, Drive Vision reserves the right to cancel the event. The latest deadline for such cancellation is 7 days before the start of the event; for the winter training format “ARCTIC DRIFT by Drive Vision” this deadline is 10 days.

1.8 If the content of Drive Vision’s declaration of acceptance differs from the content of the booking, this constitutes a new offer by Drive Vision, to which Drive Vision is bound for a period of ten days. The contract is concluded on the basis of this new offer if the participant declares acceptance to Drive Vision within the binding period.

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2. Contracts with Businesses (Entrepreneurs)

2.1 If the contract for participation in the event is concluded not with the participant(s) but with a commercial client, only that contracting party is the contractual partner of Drive Vision and the party liable for payment. This also applies to reimbursement of expenses and the costs under Clause 3.7, in particular cancellation fees.

2.2 In these cases, the participants have the status of third-party beneficiaries under the principles of a contract for the benefit of third parties. In these cases, the commercial client has the right to book and cancel the event for the participant.

2.3 Invoices, including those issued to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), do not show VAT, as all services are subject to the margin taxation scheme for travel services pursuant to Section 25 of the German VAT Act (UStG).

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3. Payment Terms

3.1 Payments towards the total travel price before completion of the trip may only be made against delivery of the security certificate within the meaning of Section 651k(3) BGB. For all events, deposits or payments before full performance/rendering of services or before the end of the event are generally required, provided that a travel price security certificate has been handed over beforehand and it must be foreseeable, even if not yet finally determined, that the event will take place. Upon registration, a deposit of 20% of the participation fee is due, payable after receipt of the invoice. The remaining balance must be paid in good time stating the invoice number so that it is received by Drive Vision 30 days before the start of the event. Payments may be made by bank transfer to the specified bank account. For events booked 30 days before the start of the event or later, Drive Vision is entitled under the above rules to demand the full participation fee immediately. Notwithstanding the above, for the winter training format “ARCTIC DRIFT by Drive Vision” there is an advance payment obligation of 100% of the total participation fee, to be paid no later than 30 November of the previous year of the event.

3.2 Failure to make payment does not affect the validity of the travel contract. However, if Drive Vision is ready and able to provide the service, there is no entitlement to the travel services without full payment of the travel price. Statutory or contractual rights of retention of the participant remain unaffected.

3.3 Payment must be made exclusively in euros.

3.4 Payments from abroad must be made free of charges and fees for Drive Vision.

3.5 For the events, invoicing is generally carried out under the margin taxation scheme pursuant to Section 25 UStG. This means that VAT is not shown separately on the invoice. The stated travel price is therefore a gross amount. Drive Vision points out that, in this case, input VAT deduction is not possible due to margin taxation.

3.6 The participant or the party liable for payment is in default without reminder if payment is not made within 14 days after the due date and receipt of the invoice or equivalent statement of payment. This applies to consumers only if they were specifically informed of this in the invoice or payment statement.

3.7 For costs of additional and ancillary services not included in the contractual scope of services, in particular local transfers, additional overnight stays of the participant, overnight stays of accompanying persons, consumption of food and beverages, telegraphic or telephone reservations or inquiries, and other costs, the following applies:
a) Drive Vision will, by agreement and without any legal entitlement, advance such costs to the service providers.
b) Drive Vision will invoice these costs as reimbursement of expenses after the end of the event as part of the overall settlement.
c) Drive Vision is not obliged to verify the invoices of the respective service providers as to grounds or amount.
d) The participant may not raise objections to Drive Vision’s claim for reimbursement of expenses based on their contractual relationship with the service provider, in particular no warranty or damages claims, nor objections as to grounds or amount. There is no right of set-off or right of retention against the reimbursement claim and other payment claims of Drive Vision.

3.8 If payment is not received by Drive Vision in full and on time and is also not paid within a deadline set in a reminder, Drive Vision may withdraw from the contract and claim the cancellation lump sums stated in Clause 7.3 (cancellation fees), provided Drive Vision was ready and able to hold the event and the minimum number of participants would have been reached. There is no entitlement to participate on an alternative date.

3.9 For events whose performance includes the use of vehicles provided, the vehicles made available for use have third-party liability and comprehensive insurance coverage with an excess of EUR 5,000.00 per claim. The excess must be provided proportionally as a deposit of EUR 3,000.00 either by bank transfer no later than 30 days before the event or by credit card payment to the organiser at the start of the event. Notwithstanding this, for the event format “Drive Vision Winter Sporting” an excess of EUR 10,000 per claim applies. This must be provided in full as a deposit either by bank transfer together with the participation fee or by credit card payment to the organiser at the start of the event. The deposit will be refunded after the end of the event, less any additional fees that may apply. Notwithstanding this, for the winter training format “ARCTIC DRIFT by Drive Vision” (Finland) an excess of EUR 4,000 per claim and per vehicle applies in the event of wilful or negligent damage. The vehicles have no insurance coverage (liability, comprehensive).

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4. Type of Events, Requirements for Participation

4.1 The type of event corresponds to the description that was sent to the participant prior to signing the registration. Events involving driving on a designated racetrack constitute a safety course/driver safety training on an area closed to normal public traffic during the event. This does not apply to touring events which take place on public roads that are not closed.

4.2 The events are aimed at improving driving skills and not at achieving maximum speeds. Participation in all events requires that the participant has reached the age of 18. By way of exception, drivers participating in a touring event whose performance includes the use of vehicles provided must have reached the age of 21 at the start of the event and must have held a driving licence valid in the country of the event for at least one year for the class required for the event vehicle. A racing licence does not exempt the participant from the above requirements. The participant is obliged to present their driving licence for inspection before the start of the event. The participant also declares that they are not subject to a driving ban during the period of the event.

4.3 Participation as an accompanying person requires that the accompanying person has reached the age of 16 for all events. In addition, the same conditions apply to accompanying persons as to other participants, unless otherwise stipulated. Accompanying persons are prohibited from driving any vehicles.

4.4 Bringing pets is not permitted.

4.5 The objectives of the events are:
e) improving driving skills
f) safe control of one’s own vehicle (interaction between human – car – road)
g) promoting safety awareness

4.6 h) expanding technical knowledge
For the ice buggy and snowmobile rides offered as part of the winter driving trainings, the following booking requirements apply:
i) The statutory regulations applicable in the respective country relating to road traffic regulations and other applicable official regulations apply.
j) Pregnancy must be ruled out for female drivers.
k) The driver is liable for damage to the vehicle caused by them, with an excess of up to EUR 2,500 per claim.
l) The driver must hold a valid driving licence and present it upon request.
m) In all other respects, the provisions of these participation conditions under Clause 12 apply, in particular the rules on driving under the influence of alcohol or medication.
n) The organiser reserves the right to refuse or terminate participation in such a tour if it is apparent that the driver is acting negligently or recklessly and thereby endangers themselves or other drivers, or if it is obvious that the driver does not meet the health requirements for a ride.

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5. Transport Services To/From the Event Location, Changes to Services

5.1 As a matter of principle, Drive Vision’s event services do not include transport from the customer’s place of residence/business or any other location to the event location and back.

5.2 Drive Vision does not act as a travel agent with regard to the transport services described in Clause 5.1.

5.3 Changes to contractual services from the agreed content of the contract which become necessary after conclusion of the contract and are not brought about by Drive Vision in bad faith are permitted only insofar as the changes are not significant and do not affect the overall character of the event.

5.4 Any warranty claims remain unaffected insofar as the changed services are defective.

5.5 Drive Vision is obliged to inform the participant without undue delay of any material changes to services as soon as it becomes aware of the reason for the change.

5.6 In the event of a significant change to an essential contractual service after conclusion of the contract, the participant is entitled to withdraw from the contract free of charge or to request participation in an at least equivalent event if Drive Vision is able to offer such participation from its programme without additional charge to the participant. The participant must assert these rights without undue delay after Drive Vision’s declaration regarding the change in contractual services or the cancellation of the event.

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6. Price Increase

Drive Vision reserves the right to change the price agreed in the contract in the event of an increase in transport costs or charges for certain services such as port or airport fees or a change in the exchange rates applicable to the respective event, as follows:

6.1 If the transport costs existing at the time of conclusion of the contract, in particular fuel costs, increase, Drive Vision may increase the participation fee in accordance with the following calculation:
o) In the case of an increase related to an individual seat, Drive Vision may demand the amount of the increase from the participant.
p) Otherwise, the additional transport costs demanded by the carrier per means of transport are divided by the number of seats of the agreed means of transport.
q) Drive Vision may demand the resulting increase amount per seat from the participant.

6.2 If charges existing at the time of conclusion of the contract, such as port or airport fees, are increased vis-à-vis Drive Vision, the participation fee may be increased by the corresponding pro-rata amount.

6.3 If exchange rates change after conclusion of the contract, the participation fee may be increased proportionally to the extent that this makes the event more expensive for Drive Vision.

6.4 An increase in the participation fee is only permissible if more than 4 months lie between conclusion of the contract and the agreed event date and the circumstances leading to the increase had not yet occurred at the time of conclusion of the contract and were not foreseeable for Drive Vision at that time.

6.5 In the event of a subsequent change to the participation fee, Drive Vision shall inform the participant without undue delay after becoming aware of the reason for the change. In any case, price increases are only permissible up to the 21st day before the start of the event, upon receipt by the participant and taking Clause 6.4 into account. If the price increase exceeds 5%, the participant is entitled to withdraw from the contract without fees or to request participation in an at least equivalent event if Drive Vision is able to offer such an event from its programme without additional charge to the participant. The participant must assert these rights without undue delay after notification by Drive Vision of the price increase.

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7. Withdrawal by the Participant Before the Start of the Event / Cancellation Fees

7.1 The participant may withdraw from the contract for participation in the event at any time before the start of the event. The withdrawal must be declared to Drive Vision or the agency commissioned with handling under the address stated in these conditions. The participant is recommended to declare the withdrawal in writing and in a verifiable form (registered letter with return receipt, fax with transmission report). The decisive factor is receipt of the withdrawal declaration by Drive Vision.

7.2 If the participant withdraws before the start of the event or does not commence participation, Drive Vision loses the claim to the participation fee. Instead, unless the withdrawal is attributable to Drive Vision or a case of force majeure applies, Drive Vision may demand appropriate compensation for the arrangements made up to the withdrawal and its expenses, depending on the participation fee.

7.3 Drive Vision has standardised this compensation claim on a time-scaled basis, taking into account the proximity of the withdrawal date to the contractually agreed start of the event as a percentage of the participation fee, and has considered typically saved expenses and the typically possible alternative use of the contractual services. The compensation is calculated according to the date of receipt of the participant’s withdrawal declaration as follows:

• Upon booking (immediately): 50%

• From the 30th day to 14 days before the start of the event: 80%

• Within the last 13 days before the start of the event or in case of no-show: 100%

Notwithstanding this, for the winter training format “ARCTIC DRIFT by Drive Vision” (Finland) the following deadlines apply:

• Upon booking (immediately): 50%

• From the 90th day to the 31st day before the start of the event: 80%

• Within the last 30 days before the start of the event or in case of no-show: 100%

7.4 The participant is permitted to prove to Drive Vision that no costs or lower costs than the claimed flat-rate costs were actually incurred. In this case, the customer is only obliged to pay the costs actually incurred.

7.5 Drive Vision reserves the right to demand higher, specific compensation instead of the above flat rates, insofar as Drive Vision proves that it incurred significantly higher expenses than the applicable flat rate. If Drive Vision asserts such a claim, it is obliged to quantify and substantiate the compensation demanded in concrete terms, taking into account any saved expenses and any alternative use of the travel services.

7.6 The participant remains free, instead of withdrawing, to request that a third party enter into the rights and obligations under the contract in their place. Drive Vision may object to the entry of the third party if the third party does not meet the special requirements of the event or if statutory provisions or official orders prevent their participation. If a third party enters into the contract, the third party and the original participant are jointly and severally liable for the agreed total price and the additional costs arising from the substitution. Drive Vision will, where possible, inform the previous and the new participant of these additional costs prior to the substitution.

7.7 Bad weather on the day of the event generally does not result in cancellation or postponement of a guided tour, driver safety training, or track day. Cancellation or postponement only occurs if the event cannot be carried out due to weather conditions (e.g. for events as part of winter driving training) or due to operational disruptions on the training area, or if it would entail disproportionate dangers to life or limb or the risk of substantial property damage to the vehicles used. The portions of the participation fee already paid that relate to costs already incurred may not be reclaimed by the participant. Further claims by the participant against Drive Vision or other service providers involved in additional and ancillary services included in the booking are excluded.

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8. Rebookings

8.1 After conclusion of the contract, the participant has no entitlement to changes regarding the event date, the event location, accommodation or other services and performance data (rebooking). If rebooking is possible, it may be carried out free of charge at the participant’s request in consultation with Drive Vision.

8.2 Rebooking requests made later may, if their implementation is possible at all, only be carried out after withdrawal from the contract pursuant to Clause 7 under the conditions set out there and simultaneous new registration. This does not apply to rebooking requests that cause only minor costs.

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9. Services Not Used

If the participant does not use individual contractual services that were duly offered to them for reasons attributable to them (e.g. due to early termination of participation, earlier return journey or other compelling reasons, in each case not attributable to Drive Vision), they have no claim to a pro-rata refund of the participation fee. Drive Vision will endeavour to obtain reimbursement of saved expenses from the service providers. This obligation does not apply if the services are entirely insignificant or if reimbursement is precluded by statutory or official provisions.

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10. Termination for Reasons of Conduct

10.1 Drive Vision may exclude participants from individual event components involving vehicle use if they do not follow the instructions of the instructors or personnel deployed and authorised by Drive Vision or otherwise endanger themselves or third parties, and the exclusion is necessary and proportionate for risk prevention. In such cases, there will be no refund of participation costs.

10.2 Drive Vision may terminate the contract without notice if the participant persistently disrupts the event despite a warning by Drive Vision or behaves in such a breach of contract that immediate termination of the contract is justified. This applies in particular in the event of culpable violation of the special obligations under Clause 13 of these conditions. If Drive Vision terminates the contract, Drive Vision retains the claim to the participation fee; however, Drive Vision must credit the value of saved expenses and the benefits it obtains from alternative use of the unused services, including amounts credited by service providers.

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11. General Obligations of the Participant

11.1 Arrival and departure are to be organised and financed by the participants themselves unless Drive Vision assumes this contractually.

11.2 The recipient of the event documents is obliged to check the received documents for correctness of issuance (name, address, event data, destination) and completeness and to notify Drive Vision of any errors without undue delay.

11.3 The participant is obliged to report any defects and disruptions of the contractual services without undue delay to Drive Vision’s local representatives and to request remedy.

11.4 The participant will be informed of the person, availability and communication details of Drive Vision’s local representatives no later than when the event details are sent.

11.5 If, under the contractual agreements, support by a local representative is not owed either overall or for certain event components, the participant is obliged to report defects without undue delay directly to Drive Vision at the address stated below.

11.6 The participant’s claims do not lapse only if the complaint incumbent on the participant remains without fault.

11.7 Local representatives, agencies and employees of service providers are not authorised and not empowered by Drive Vision to confirm defects or to assert claims against Drive Vision.

11.8 If the event is significantly impaired as a result of a defect, the participant may terminate the contract. The same applies if the participant cannot reasonably be expected to continue with the event as a result of such a defect for an important reason. Termination is only permissible if Drive Vision or, if available and contractually agreed as contact, its representative has allowed a reasonable deadline set by the participant to pass without providing remedy. Setting a deadline is not required if remedy is impossible or is refused by Drive Vision or its representative, or if immediate termination of the contract is justified by a special interest of the participant.

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12. Special Obligations of the Participant

12.1 Participation in all events requires that the participant has reached the age of 18. By way of exception, drivers participating in a touring event whose performance includes the use of vehicles provided must have reached the age of 21 at the start of the event and must have held a driving licence valid in the country of the event for at least one year for the class required for the event vehicle. A racing licence does not exempt the participant from the above requirements. Participants who do not hold an EU driving licence or a Swiss driving licence must provide proof of their driving licence by presenting their national driving licence together with an international driving licence, or their national driving licence together with an official translation (German or English). The participant may not be subject to a driving ban in the Federal Republic of Germany or the country of the event during the event. The participant is obliged to present their driving licence for inspection before the start of the event.

12.2 Participation in event components involving vehicle use is permitted only for the respective participant and any additionally booked drivers or booked accompanying persons.

12.3 It is the participant’s responsibility to assess their driving ability and health condition before entering into the contract and before participating in event components involving driving. Unless expressly advertised as a contractual service, Drive Vision has no obligation to carry out a medical examination of the participant with regard to their general fitness to drive.

12.4 If the event provides for participation with the participant’s own vehicle, the participant is obliged, irrespective of statutory inspection, presentation and approval requirements (e.g. TÜV deadlines), to have their vehicle checked at their own expense for proper technical function and safety before use during the event. Drive Vision or its local representatives may, if there are justified indications of technical defects, in particular defects affecting driving safety, require proof of such inspection and, if no proof is provided, declare exclusion or termination pursuant to Clauses 11.1 and 11.2 of these conditions.

12.5 The following applies to all driving events:
a) It is mandatory to wear seat belts at all times while driving.
b) Instructions to wear clothing and footwear suitable for the event must be followed.
c) The instructions of the instructors must be followed at all times.
d) On the day of the driving event there is an absolute ban on alcohol (0.0 per mille) and drugs, as well as a ban on other intoxicants or medication that impair or may impair fitness to drive.
e) The use of mobile phones and smoking while driving are strictly prohibited.
f) Violations of these obligations may lead to termination of the contract pursuant to Clause 11 of these participation conditions.
g) For the winter training format “ARCTIC DRIFT by Drive Vision” (Finland), participation in the safety briefing conducted before the event is mandatory. This must be confirmed in writing and is a prerequisite for participation in the subsequent driving training.

12.6 The events require that the participant correctly assesses their own driving ability and informs the instructor in good time in case of uncertainty or lack of clarity.

12.7 For events or driving on sections without the presence of an instructor, it is the participant’s responsibility to comply with the traffic regulations of the respective country in all cases. Liability arising from accidents, damage or fines due to non-compliance is borne in full by the participant.

12.8 The participant is obliged to comply with the relevant traffic regulations during touring events that take place on public roads, in particular speed limits. Any fines or warnings are borne in full by the participant.

12.9 For events where vehicles are provided by Drive Vision, participants may have the opportunity to drive different vehicles during the course of the event. There is no entitlement to a specific vehicle (make, model). The participant undertakes to treat the vehicle with care. Accidents and damage to the vehicle must be reported immediately to the instructors or personnel deployed and authorised by Drive Vision. The participant is prohibited from handing the vehicle over to third parties. The vehicle may only be driven on the specified routes. Unauthorised deviations, route extensions, etc. are prohibited. The circumstances in which vehicles are provided by Drive Vision are set out in the respective event description.

12.10 For the use of a vehicle provided by Drive Vision, a separate vehicle use agreement must in all cases be concluded with the applicable provisions.

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13. Insurance and Recourse

13.1 Participation in the driving safety trainings listed below is at the participant’s own risk (LIABILITY WAIVER):

• racetrack training

• winter driving training

• track day

• drift training

• touring events (guided drives on public roads)

13.2 Each customer receives the full text of the liability waiver BEFORE THE START of the event for review and signature.

13.3 Damage caused by the customer during an off-road event (to guardrails, green areas, etc.) for which the customer is responsible must be borne by the customer and must be reported to the responsible trainer immediately, but no later than the same day after the end of the training.

13.4 The rules of the German Road Traffic Regulations (StVO) and the German Road Traffic Licensing Regulations (StVZO) apply on the entire premises (if the event location is a racetrack).

13.5 For their own safety, Drive Vision strongly recommends that the participant and accompanying persons take out suitable insurance to cover luggage damage/loss, illness (international health insurance), accident, third-party liability claims and cancellation costs. These are not included in Drive Vision’s services. If the participant withdraws before the start of the event, cancellation fees will arise. In the event of early termination, additional return travel and extra costs may arise.

13.6 Drive Vision also recommends that participants who use their own vehicle during the event clarify directly with their own motor insurance whether the insurance cover from that motor insurance (third-party liability and, if applicable, comprehensive and passenger insurance) also applies to the respective event. Drive Vision does not provide separate motor insurance cover for the participant and their vehicle. The participant must arrange such insurance themselves. Drive Vision may require proof of appropriate insurance as a condition of participation.

13.7 Any (further) recourse claim by the insurer, in particular in the event of gross negligence, failure to follow instructors’ or project managers’ instructions, non-compliance with statutory provisions or prescribed speeds, remains unaffected. In the event of culpable conduct by the participant, Drive Vision also reserves the right to pursue recourse against the participant for damage not covered by Drive Vision’s comprehensive insurance, insofar and to the extent that the damage is legally recoverable. Drive Vision also reserves the right to invoice the participant for the costs incurred by Drive Vision for processing the claim in the event of culpable conduct.

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14. Limitation of Liability

14.1 For package travel events where Drive Vision is obliged to provide the participant with a set of travel services within the meaning of Section 651a BGB, the following limitations apply:

14.2
a) Drive Vision’s liability for breaches of contractual obligations and in tort is limited to intent and gross negligence. This does not apply in cases of injury to life, body or health of the participant, nor to claims arising from breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardises the achievement of the contract’s purpose. In such cases, Drive Vision is liable for any degree of fault.
b) Insofar as Drive Vision is liable for other damage arising from the travel contract, liability is limited to three times the travel price. This limitation also applies if the occurrence of the damage was caused by the fault of a service provider.
c) Drive Vision’s liability is excluded or limited insofar as the liability of a service provider is also excluded or limited by virtue of international conventions or statutory provisions based thereon that apply to the services to be provided by the service provider.
d) For all claims for damages arising from unlawful acts that are not based on intent or gross negligence, Drive Vision is liable for property damage up to EUR 4,100.00 per traveller and trip, or up to three times the travel price if this exceeds EUR 4,100.00.
e) Insofar as liability for damage not based on injury to life, body or health of the traveller cannot be excluded for slight negligence, such claims become time-barred within one year, beginning with the occurrence of the claim.

14.3 Drive Vision is not liable for disruptions of services, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. excursions, sporting events, theatre visits, exhibitions, transport services to and from the advertised start and destination) if these services are explicitly marked as third-party services in the event description and the booking confirmation in such a clear manner that it is recognisable to the participant that they are not part of Drive Vision’s contractual services. However, Drive Vision is liable for contractually agreed services that include transport of the participant during the event if and insofar as, in the case of third-party services, a breach of duties to inform, advise or organise by Drive Vision has causally contributed to the participant’s damage.

Drive Vision provides a comprehensive hygiene concept for infection protection as part of the offered events and monitors its continuous compliance. Individual responsibility for protection against infections and for compliance with official requirements in this regard lies with the participant. Drive Vision is not liable for health-related or economic consequential effects in connection with COVID-19 or other infections during a booked event.

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15. Exclusion of Claims and Limitation Periods

15.1 The participant’s claims pursuant to Sections 651c–651f BGB against Drive Vision become time-barred after two years. The limitation period begins on the day on which the trip should have ended according to the contract. If negotiations between the participant and Drive Vision are pending regarding the claim or the circumstances giving rise to the claim, the limitation period is suspended until the participant or Drive Vision refuses to continue the negotiations.

15.2 Travel contract warranty claims must be asserted against Drive Vision at the address of Drive Vision within one month after the contractually provided end of the trip. After expiry of this one-month period, the participant may assert claims only if they were prevented from meeting the deadline without fault or if the claims are tort claims.

15.3 After expiry of the deadline, the participant may assert claims only if they were prevented from meeting the deadline without fault.

15.4 Insofar as liability for damage not based on injury to life, body or health of the participant cannot be excluded for slight negligence, such claims become time-barred within one year beginning with the statutory start of the limitation period.

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16. Passport, Visa and Health Regulations

16.1 The participant is obliged to inform themselves about passport, visa and health regulations in the respective countries in which the event is carried out before concluding the contract, as well as about any changes thereto before commencing the event.

16.2 The participant is responsible for obtaining and carrying the necessary documents, any required vaccinations, and for complying with customs and foreign exchange regulations. Disadvantages arising from failure to comply with these regulations, e.g. the payment of cancellation costs, are borne by the participant. This does not apply if Drive Vision culpably failed to inform, or informed insufficiently or incorrectly.

16.3 Drive Vision is not liable for the timely issuance and delivery of required visas by the relevant diplomatic mission if the participant has commissioned Drive Vision to obtain them, unless Drive Vision culpably breached its own duties.

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17. Photo/Video Recordings / Contact

17.1 Photo and video recordings made during the event may be used exclusively for private purposes. Commercial use of the photo/video recordings is prohibited. This applies in particular to commercial publication on social networks and media platforms (blogs, vlogs, YouTube, etc.), unless the publication has been agreed in writing with Drive Vision in advance.

17.2 The participant agrees that photos and videos may be taken of them during the event. The participant transfers to Drive Vision unrestricted usage rights to the image/video material and expressly agrees to the publication of the photos and videos on the Drive Vision website, Drive Vision social media channels and any printed materials. Consent may be revoked at any time without giving reasons.

17.3 The participant agrees that Drive Vision may contact them using the data provided by them (telephone number, email address) for the purpose of transmitting further event offers or for advertising purposes. The participant consents to these data being stored by Drive Vision for market research and advertising purposes. The participant has read and accepted the data protection provisions and is aware that they may revoke their consent at any time for the future without giving reasons.

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18. Choice of Law and Jurisdiction

18.1 German law applies exclusively to the contractual relationship between the participant and Drive Vision. This also applies to the entire legal relationship.

18.2 Insofar as German law is not applied as the applicable law for Drive Vision’s liability in principle in the case of actions brought by the participant against Drive Vision abroad, German law shall apply exclusively with regard to the legal consequences, in particular the type, scope and amount of the participant’s claims.

18.3 If the participant/contractual partner is a merchant, the registered office of Drive Vision shall be the place of jurisdiction; however, Drive Vision is also entitled to sue the participant at the court of their place of residence.

18.4 The above provisions on choice of law and jurisdiction do not apply:
a) if and insofar as non-derogable provisions of international conventions applicable to the contract between the participant and Drive Vision provide otherwise in favour of the participant; or
b) if and insofar as non-derogable provisions applicable to the contract in the EU Member State of which the participant is a national are more favourable to the participant than the following provisions or the corresponding German provisions.

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19. Data Protection

The collection and processing of all personal data is carried out in accordance with the German statutory data protection provisions. Only such personal data are collected as are necessary for the processing of the event. All employees and partners of Drive Vision are obliged to maintain confidentiality with respect to data secrecy. Data are transmitted to public authorities only within the framework of applicable legal provisions. The participant hereby agrees. Reference is made to the privacy policy at: www.drive-vision.de/datenschutz.

If you are a taxpayer within the meaning of Section 37b of the German Income Tax Act (EStG) and obtain our services in order to provide a benefit within the meaning of Section 37b(1) sentence 1 EStG, or if you are taxable in Germany and have received a benefit within the meaning of this provision, please examine the possibility of flat-rate taxation pursuant to Section 37b EStG. Otherwise, the monetary benefit from this benefit must be taxed individually.

The organiser and contractual partner of the participant, and—where Drive Vision is referred to above as the addressee—is:

Drive Vision GmbH
Seestraße 4
D-71563 Affalterbach