The Operator of driver safety training at the Porsche Sport Driving School shall be exclusively _wige EVENT gmbh (hereinafter referred to as wige EVENT).
The driver safety training courses at the Porsche Sport Driving School aim to help participants to improve their driving skills and driving safety. This should also help to increase safety in everyday road traffic situations and generally reduce the number of accidents on the road. The courses pursue the following objectives:
The courses are not aimed at achieving maximum speeds nor are they intended to encourage competitive behaviour. To achieve these objectives participants are divided into groups of up to max. 12 participants of a similar level. A maximum of two instructors supervise each group.s
1.1 Registration should be completed exclusively using the Porsche Sport Driving School form, printed or online version (www.porsche.com/sportdrivingschool).
1.2 By signing the registration form the participant accepts wige EVENT’s general terms and conditions.
1.3 The contract for participating in an event comes into effect as soon as the Porsche Sport Driving School issues an invoice to the participant. The receipt of the invoice also serves as written confirmation of the registration. The confirmation of participation is not transferable. If the content of the declaration of acceptance differs from the content of the booking, this constitutes a new offer on the part of wige EVENT to which it is bound for a period of 10 days. The contract comes into effect on the basis of the new offer, if the participant declares his acceptance to wige EVENT within this binding period by providing a clear declaration, making a deposit or paying the outstanding balance.
1.4 The Operator endeavours to provide participants with a detailed training information pack at the latest 10 days before the start of the relevant event.
2.1 All participants must produce a valid driving licence on the day of the event. Participants must also affirm that they have not been officially banned from driving. This applies regardless of whether the car used is a private car or a car hired out by Porsche in accordance with provisions in clause 4.
The following driving licences are accepted:
2.2 Participants who are unable to produce a valid driving licence or have been officially banned from driving shall not be entitled to take part in Porsche Sport Driving School events. In such cases the event fee shall not be refunded.
3.1 Only vehicles covered by statutory third-party insurance and which comply with the German road traffic licensing regulations (StVZO) may be used in the event.
3.2 The use of vehicles that have been issued with transit or temporary number plates is not permitted in these events.
3.3 All parts or equipment fitted to the vehicles used to participate in the training units must be approved by the German Technical Inspection Association (TÜV) and entered in the vehicle registration papers. The following must also be observed for the exhaust system: every circuit operator must observe the noise restrictions set by the legislator. These have to be continually measured, documented and strictly complied with. If a vehicle is fitted with a standard exhaust system from the manufacturer, there should be no complaints from racetrack security.
3.4 The Operator reserves the right to exclude from the event any vehicle that does not comply with aforementioned requirements in accordance with clauses
3.1–3.3. There is no entitlement to the provision of a replacement vehicle in such cases. 3.5 We recommend that participants check with their car insurers to ensure the validity of their third-party vehicle insurance and, if applicable, their fully comprehensive insurance cover in relation to any planned participation in training at the Porsche Sport Driving School.
4.1 Porsche cars may be hired (subject to availability; hire fee depends on training level) for the duration of Porsche Sport Driving School events (‘Porsche Vehicle Hire’). In this case a separate car hire agreement has to be made with Dr. Ing. h.c. F. Porsche Aktiengesellschaft (hereinafter referred to as Porsche). Participants do not have any entitlement to a specific Porsche car model.
4.2 Participants renting a Porsche hire car must produce a valid driving licence and identity papers/passport as well as a credit card at the check-in on the day of the event. The relevant details are entered on the car hire contract issued by Porsche and to be signed by the participant.
4.3 Porsche hire cars are registered in the name of Porsche and covered by third-party vehicle insurance. The insurance provides personal compensation of up to a maximum amount of €7.5 million for each claim and unlimited cover for property and financial damages. Fully comprehensive insurance is not provided. However, in the case of any damage, hire participants will be treated as if the car was covered by fully comprehensive insurance with an excess.
The damage excess for individual events is as follows:
When hiring turbocharged or GT models, the damage excess is €10,000 irrespective of the training level.
4.4 In the event of a claim, the participant shall pay the excess to Porsche.
4.5 Porsche does not offer any additional insurance cover.
4.6 If the insurer is not liable due to wilful intent on the part of the participant, or if the damage caused by the participant is not covered by the fully comprehensive insurance, the participant is liable for all damage the participant or the person accompanying the participant has caused. In the case of gross negligence, Porsche shall be entitled to assert claims against the participant at a level commensurate with the severity of the fault, up to the amount of the total damage.
5.1 Each participating driver may register an accompanying person to join them in a training event, but not take part actively. The accompanying person may travel as a passenger during section training. However, unfortunately no passengers are allowed in the training vehicle while completing laps. Children aged 12 or more may accompany the driver in the Warm-up and Precision section training sessions. However, another adult must be available on site to oversee any children aged 16 or under during lap driving sessions. Employees of the Porsche Sport Driving School cannot accept responsibility for supervising children. Both parents must sign a liability waiver for the minor. For Performance, Master and Master RS training levels as well as for special courses, the minimum age for accompanying persons is 18.
5.2 It is only possible to register second drivers (two active drivers/full-paying participants per vehicle) for special incentive events.
In exceptional cases and on request, it is possible for two people to share the training vehicle on regular courses featured in the brochure, as long as the minimum number of participants has been reached (generally 10 participants, 5 vehicles).
Unfortunately, second drivers cannot be registered for individual bookings. In this case, each active participant requires his own training vehicle (private vehicle or Porsche hire car).
6.1 The Operator and agent may only request or accept payments against the price before the end of the event, if the participant has been issued with an insolvency insurance certificate.
6.2 After conclusion of the contract, a deposit of 20 % of the total price will become due when the insolvency insurance certificate is issued. The balance must be paid 30 days before the start of the event without any further reminder (cf. clause 6.3).
6.3 The balance becomes due once it is certain that the event will be performed as booked.
6.4 The amounts for the deposit and balance and any applicable cancellation charge are shown on the confirmation/invoice. The charges in the event of a cancellation (cf. clause 12), change to booking or handling fees (cf. clause 14) as well as charges for individual event arrangements are payable immediately.
6.5 Payments by transfer to the account of the Porsche Sport Driving School can only be made in euros. In the case of direct debiting, the Operator will need details of the participant’s bank account and address or the address of the person receiving the documents, if appropriate, as well as authorisation to charge the bank account.
6.6 The participant may also pay the training fees by credit card. In this case, the credit card details will be requested separately when booking. The Operator will also need the address of the participant or, where relevant, the address of the person receiving the documents as well as authorisation to charge the current account via the credit card.
6.7 Changes to the agreed method of payment can only be made up to 35 days before the start of training.
6.8 If participants have not received the training documents 4 days before the start of the event, at the latest, they shall immediately contact the Porsche Sport Driving School. In the case of short notice bookings made within 7 days before the start of training, participants will receive their documents as agreed with the service team of the Porsche Sport Driving School. Participants are requested in their own interest to carefully check the documents upon receipt.
6.9 If payments that are due are not paid or not paid in full and if the participant fails to make a payment even after a reminder with payment deadline, the Operator may cancel the reevant contract except in the case where a serious deficiency with the event has already become apparent. In the event of cancellation of the contract in the context of the sentence above, the Operator can demand payment of cancellation charges as compensation in line with clause 12. If the participant does not make any payment despite being in arrears, the Operator reserves the additional right to charge a dunning cost fee of €2.50 for the second reminder. The participant’s right to prove that substantially lower or no costs were incurred remains unaffected.
6.10 The event fee/payment includes the following services:
6.11 The participant pays the following costs:
6.12 Costs for additional services, such as visa applications, etc. are not included in the event fee, unless expressly itemised in the service description. If such costs are incurred, they will be invoiced separately.
7.1 There are no requirements for participation in the Warm-up or Precision courses (including ‘Women Only’ Precision).
7.2 To participate in the Performance training course the driver must have completed a Precision event at the Porsche Sport Driving School.
7.3 To participate in the Master or Master RS training course the driver must have completed a Performance course at the Porsche Sport Driving School.
7.4 To participate in the 40 Years Triple special course the driver must have completed Precision level at the Porsche Sport Driving School. It is also recommended that participants have completed Precision level for g-Force Precision and One-2-One, and g-Force Precision for g-Force Performance. Participants interested in the Super Sport training are advised to complete a Performance course beforehand. It is up to the discretion of the Operator whether training units completed outside the Porsche Sport Driving School are accepted as equivalent prior training.
8.1 The training facilities are closed to other drivers during the events.
8.2 All training facilities are subject to the German road traffic regulations (StVO) and road traffic licensing regulations (StVZO). These must be observed by participants.
9.1 Participants must follow the instructions of the wige EVENT employees for the entire duration of any event. Seat belts must be worn at all times.
9.2 Accompanying persons named on the registration form and second drivers may travel in the participant’s car during section training sessions, except when drivers are being assessed or completing laps. While the participant is completing laps, the accompanying person may travel with the instructor (subject to available space).
9.3 At all Porsche Sport Driving School events, helmets must be worn when completing laps. This also applies to various section training sessions. wige EVENT provides a limited number of helmets in a range of sizes on payment of a deposit.
9.4 The consumption of alcohol is strictly prohibited (blood alcohol level: 0.0 per cent) at all Porsche Sport Driving School events, as is the taking of drugs or intoxicating substances that may have a negative effect on the participant’s ability to drive. All participants undertake to ensure, through their behaviour before and during the event, that they comply with these requirements. The event management shall be entitled to exclude any participant reasonably suspected of consuming alcohol or taking drugs or any other intoxicating substance from participating in the event. In such cases, there shall be no reimbursement of the event fee.
9.5 The use of mobile phones is not permitted while driving.
9.6 In the event of gross breaches of driving discipline, the event management shall be entitled to exclude the participant concerned from any further participation. In such cases, there shall be no reimbursement of the event fee.
10.1 Participants take part in events organised by the Porsche Sport Driving School at their own risk.
10.2 wige EVENT and its legal representatives and vicarious agents shall only be liable for damage to the participants or damage caused to third parties by a participant if this damage was caused by gross negligence or malicious intent by wige EVENT or its legal representatives and vicarious agents. This exclusion of liability does not apply in the case of fatal injury or injury to the body or health of the participant. Similarly, it does not apply in the case of asserting statutory compensation claims for default or impossibility for which wige EVENT or its legal representatives and vicarious agents are responsible. Nor does it apply in the case of negligent violation of material contractual obligations. Contractual obligations are deemed to be such obligations whose violation may endanger the purpose of the contract and on compliance of which the contracting party may usually rely. In the case of the breach of such cardinal contractual obligations through gross negligence, wige EVENT’s liability is limited to compensation for the typical damages foreseeable at the time the contract was concluded. Claims based on the German product liability act remain unaffected.
10.3 Participants driving their own vehicles at a Porsche Sport Driving School event shall indemnify wige EVENT and its legal representatives and vicarious agents from all claims resulting from damage to this vehicle made by an authorised third party (keeper, owner etc.), unless the damage was caused through gross negligence or malicious intent on the part of wige EVENT or its legal representatives and vicarious agents.
10.4 The liability disclaimer and local liability exclusions to be signed by the participant and any accompanying person remain unaffected.
In the case of force majeure, extreme weather conditions, orders issued by relevant authorities for safety or other material reasons or the result of circumstances unforeseeable at the time of concluding the contract, wige EVENT reserves the right to alter the content of events.
12.1 The participant may cancel the event at any time before training commences. The date of receipt by the Operator (for the address, please refer to the end of these terms and conditions) of the notice of cancellation is definitive for complying with this period. Participants are obliged to submit their cancellation in writing.
12.2 If the participant cancels the event or fails to take part in the event (no-show), the Operator loses the entitlement to the event fee. Instead, the Operator, as long as he is not responsible for the cancellation or the failure to take part in the event and a case of force majeure does not exist, can demand reasonable compensation depending on the actual event fee for making the event arrangements up to the cancellation/failure to attend and his incurred costs (cancellation charges). The scaled, flat-rate cancellation charges as itemised in the following paragraphs are calculated on a pro-rata basis according to the proximity of the date of cancellation to the date of the contractually agreed start of the event taking due account of normally saved expenditures and customary possible alternative use of the services.
12.3 Cancellation charges are also due if a participant does not appear punctually at the times specified in the information pack at the relevant training facility or if the participant cannot take part in the event due to the absence of the relevant travel documents, such as valid passport or necessary visa, for a reason for which the Operator is not responsible.
12.4 The participant is entitled to provide proof that no or significantly lower costs were incurred in the context of the cancellation or no-show than the costs imposed by the Operator when implementing the flat rates (see following paragraphs).
12.5 The flat-rate cancellation charges are normally applied per person:
13.1 If a voucher for a given value that has already been issued is returned, a handling fee of 5 % of the value of the voucher will be charged. Payment will only be made to the person who ordered the voucher. The participant is entitled to furnish proof that the costs were lower or indeed non-existent. The right to provide a substitute participant remains unaffected by the above provisions.
13.2 Vouchers may only be redeemed against services listed in the Porsche Sport Driving School brochures. Vouchers cannot be redeemed against additional services, such as hotel accommodation or any rebooking or cancellation fees. Vouchers may only be redeemed through the Porsche Sport Driving School, wige EVENT, and only by submitting or sending in the original voucher. Vouchers may be split and used for several bookings. Any remaining value shall not be paid out in cash. Vouchers and their redemption are subject to the laws of the Federal Republic of Germany. Vouchers shall be valid for a period of 3 years from the end of the year in which they are issued.
14 Rebooking, change of person 14.1 Up to the 31st day before the start of the event at the request of the participant, the Operator shall, as far as is feasible, amend the confirmation (rebooking) for a fee of €30 per person. Rebooking means, for instance, a change to the date of an event, the training venue, the accommodation or transport. In the case of scheduled flights, as soon as the ticket has been issued additional changes to the departure time are deemed to be a rebooking. Changes in line with the periods referred to above (e. g. for flight-based/standard charges from 30th day before start of event) as well as changes that take effect outside the period of validity of the service description under clause 6.9 upon which the booking is made may only be made by cancelling the contract under the provisions in clause 12 and immediately rebooking. This also applies to flight-only travel on scheduled flights in the case of a change of carrier performed at the participant’s request.
14.2 Until the start of the event, the participant may request that a third party be assigned their rights and duties in accordance with the event contract. In this case, the Operator must be notified immediately. The Operator may object to the third party substituting the participant, if the third party does not satisfy the necessary event requirements or if statutory or official regulations or directives preclude their participation. If a third party replaces the booked participant, the Operator is entitled to charge a flat-rate handling fee of €30 to cover the associated costs. The participant’s right to furnish proof that substantially lower or no costs at all have been incurred remains unaffected. The registered participant and the substitute are jointly and severally liable for paying the event fee and the extra cost incurred through inclusion of the replacement person.
Events organised by the Porsche Sport Driving School generally include an insurance package covering travel cancellation and accident insurance.
16.1 The Operator may terminate the event contract without notice if the participant continues to disrupt the course of the event despite proper admonishment by the Operator. This also applies if the conduct of the participant grossly violates the terms of the contract to such an extent that the immediate termination of the contract is justified. The Operator reserves the right to retain the price paid for the event. The disruptive participant shall also bear any extra costs incurred for repatriation. However, the Operator must make due cost adjustment that takes into account the value of any expenditure saved, as well as such benefits generated by the components not made use of by the participant and put to other meaningful use or any refunds received from service providers.
16.2 The Operator may cancel the event contract up to 4 weeks (receipt by the participant) before the start of the event, should a minimum number of participants not be reached. The Operator shall, of course, notify the participant as soon as it becomes apparent that the minimum number of participants will not be reached. The notice of cancellation will be delivered to the participant immediately. He shall be immediately refunded the event fee paid.
17.1 We refer you to section 651j of the BGB (Bürgerliches Gesetzbuch – German Civil Code) in the case of a termination of the event contract due to force majeure. The wording of this section is as follows: “(1) If the event is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when the contract was entered into, then both the Operator and the participant may terminate the contract merely under this provision. (2) If the contract is terminated under subsection (1), then the provisions of section 651e (3) sentences 1 and 2 and 651e (4) sentence 1 apply.”
17.2 You will find information about the venue from the German Foreign Office on the internet at www.auswaertiges-amt.de or by calling +49 (0)30 5000-2000.
18.1 If an event service is not fulfilled or not fulfilled according to the contract, the participant shall be entitled to demand redress. The participant shall be obliged to immediately inform the Operator of any deficiency relating to the event. If the participant fails to do that on account of a fault on his part, no reduction of the event fee will be made. This shall not apply only in the event that the information is recognisably hopeless or unreasonable for other reasons. The participant shall be obliged to immediately inform the event management at the training venue about his complaint. If no event management is available at the training venue, the Operator shall be informed about any deficiencies of the event at his place of business. Participants shall be advised of the contact details for the event management or Operator in the service description or, at the latest, in the confirmation of registration. The event management is responsible for providing redress, insofar as this is possible. It shall not, however, be authorised to accept any claims made by the participant.
18.2 After returning from the event, the participant may request a reduction in the event fee, if event services were not provided in conformity with the contract or he did not culpably omit to notify the Operator of the deficiency immediately (without undue delay).
18.3 If a training session is seriously impaired as a result of a deficiency and the Operator does not provide redress within a reasonable period, the participant may terminate the contract in line with the statutory provisions – it is recommended that the participant put the notice of termination in writing, in his own interest and in order to document it as evidence. The same applies if the participant cannot be reasonably expected for good cause to participate in the event as a result of a deficiency acknowledged by the Operator. A reasonable deadline for providing redress does not apply if redress is impossible or the Operator refuses to provide redress or if the immediate termination of the contract is justified in the participant’s special interest. The participant shall only owe the Operator that part of the event fee which is allocated to the services he used, if such services were of interest to him.
19.1 Claims on account of the event not being provided in accordance with the contract (sections 651c–f of the BGB) must be asserted with the Operator within one month after the end of the event as specified in the contract. This should be made in writing, in the interest of the participant. The participant may only assert a claim after the expiry of the period, if he was prevented from doing so earlier by circumstances beyond his control. The day on which the event ended will not be included in the calculation of the month’s deadline.
19.2 Claims asserted by the participant under sections 651c–f of the BGB for losses resulting from fatal injury, bodily harm or damage to health, which were caused by a wilful or negligent breach of duty on the part of the Operator or a legal representative or vicarious agent of the Operator will lapse according to the statute of limitations after 2 years. This also applies to claims for compensation for other damages that arise from a wilful or grossly negligent breach of duty on the part of the Operator or a legal representative or vicarious agent of the Operator.
19.3 All other claims asserted under sections 651c–f of the BGB lapse after 1 year according to the statute of limitations.
19.4 The determining date for the lapse of claims under the paragraphs above is based on the day that follows the day on which the contractual event ends.
19.5 Claims arising from unlawful acts lapse after 3 years.
19.6 If negotiations between the participant and the Operator regarding the claim or the circumstances surrounding the claim remain unresolved, then the period after which the claim lapses will be postponed until the participant or the Operator refuses to continue with the negotiations. The period after which the claim lapses will take effect at the earliest 3 months after the end of the postponement.
Personal data provided by the participant to the Operator will be stored in a central database managed by wige EVENT. Any data provided will be used for the sole purposes of contract handling, customer management, market research and opinion polls as well as for proprietary promotional campaigns in conjunction with the Porsche Sport Driving School.
21.1 The recipient of the event documents is obliged to check the documents received immediately to ensure that they are correct (name, training details, etc.) and to immediately notify the issuer in the event of an error.
21.2 If individual provisions of the event contract are ineffective, the effectiveness of the entire contract shall remain unaffected. The same shall apply to these terms and conditions.
21.3 The contractual relationship between the participant and the Operator shall be subject exclusively to German law.
21.4 Insofar as legal action is taken by the participant against the Operator in foreign countries and German law is not applied to the liability of the Operator on account of the reason of the action, then German law shall apply exclusively to the legal consequences, in particular, regarding the type, scope and amount of the claims of the participant.
21.5 The participant can take legal action against the Operator only at the place where the Operator has its domicile.
21.6 Any legal action taken by the Operator against the participant must be made at the place where the participant is resident. The venue for any legal action against participants who are merchants, legal persons under public or private law, or persons who are domiciled or have their place of residence in a foreign country or whose domicile or usual residence is unknown at the time the action is taken, is agreed as the place where the Operator has its registered office.
21.7 The aforementioned conditions on the choice of law and the legal venue do not apply,
a) if and insofar as something else applies in favour of the participant on the basis of contractually mandatory regulations of international agreements and which are applicable to the contract between the participant and the Operator, or
b) if and insofar as mandatory regulations in the member state of the European Union to which the participant belongs are applicable to this contract and are more favourable to the participant than the regulations in these terms and conditions or the applicable German provisions.
Porsche Sport Driving School
_wige EVENT GmbH
Stammheimer Straße 31
Tel: +49 (0)711 911 - 23364
Fax: +49 (0)711 911 - 23277
Account: 439 282 004
Sort code: 600 907 00
IBAN: DE45 6009 0700 0439 2820 04
© 2014 Porsche Latin America, Inc. Indicaciones Legales.