The Tour Operator and your contractual partner shall be exclusively _wige EVENT gmbh. Pursuant to an agreement with Dr. Ing. h.c. F. Porsche AG (hereinafter referred to as Porsche), _wige EVENT gmbh (hereinafter referred to as wige EVENT) shall be entitled to provide certain services under the name Porsche Travel Club. Your registration does not constitute a contractual relationship between you and Porsche.
The Tour Operator, wige EVENT, is working in conjunction with Porsche under the name of Porsche Travel Club to provide the experience programmes described in the brochure. Please read these terms and conditions carefully, as by making a booking you agree to accept them. These will be sent to you before you make your booking. They apply to all programmes offered by the Porsche Travel Club, plus the additional services (e. g. green fees) booked at your destination (see clauses 10–12). These terms and conditions supplement section 651a–m of the BGB (Bürgerliches Gesetzbuch – German Civil Code) as well as sections 4–11 of the BGB-InfoV (Ordinance on the Requirement to Provide Information and Supporting Documents in Civil Law).
Please note that in order to participate in any event organised by the Porsche Travel Club as a driver, the relevant individual must be able to produce a valid driving licence on the day, immediately before the start of the event.
1 Conclusion of the agreement
1.1 With the registration, the customer offers the Tour Operator the conclusion of a binding contract. The contract becomes binding when the declaration of acceptance issued by the Tour Operator is received by the customer. Such a declaration does not require a certain form. Upon or immediately after the conclusion of the contract, the Tour Operator then sends the customer a written confirmation. This shall not be required if the customer’s booking has been made less than 7 working days before the start of the event.
1.2 The written confirmation which the customer receives directly after concluding the contract will contain all essential information on the services booked by the customer.
1.3 If the content of the Tour Operator’s declaration of acceptance differs from the content of the booking, this constitutes a new offer on the part of the Tour Operator to which he is bound for a period of 10 days. The contract comes into effect on the basis of the new offer, if the customer declares his acceptance to the Tour Operator within this binding period by providing a clear declaration, making a deposit or paying the outstanding balance.
1.4 The customer is answerable for his obligations in respect of this contract as well as for those of the people travelling with him for whom he made the booking, insofar as he has accepted this obligation by way of a clear and separate declaration.
1.5 Third parties (e. g. hotels, travel agencies or transport companies) are not authorised by the Tour Operator to make agreements, to provide information or to make assurances which alter the agreed content of the contract, go beyond the contractually promised services offered by the Tour Operator or contradict the event offer.
1.6 Local information and hotel brochures that have not been issued by the Tour Operator are not binding for the Tour Operator or his service obligation, unless they have been expressly agreed with the customer as part of the event offer or as part of the service obligation of the Tour Operator.
1.7 Insofar as the customer only books an additional service (e.g. green fees, admission ticket) from a third-party provider without any other services, the Tour Operator is only acting as an agent for the external service. The purchase of mediated external services means that the customer is entering into a contractual arrangement with the respective provider. The name of the provider in question is on the vouchers issued to the customer.
2.1 The Tour Operator and travel agent may only request or accept payments against the travel price before the end of the event, if the customer has been issued with an insolvency insurance certificate (insolvency insurance cover with Deutscher Reisepreis Sicherungsverein VVaG (DRS)). 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, insofar as the insolvency insurance certificate is issued and it is certain that the event will be performed as booked (cf. clause 9).
2.2 The amounts for the deposit and balance and any applicable cancellation charge are shown in the confirmation. The charges in the event of a cancellation (cf. clause 5), change to booking or handling fees (cf. clauses 5, 6) as well as charges for individual event arrangements (cf. clause 3) are payable immediately.
2.3 Payments by transfer to the account of the Porsche Travel Club can only be made in euros. In the case of money transfers from foreign countries, the customer shall bear the transfer charges. In the case of direct debiting, the Tour Operator will need details of the customer’s bank account and address or the address of the person receiving the documents, if appropriate, as well as the customer’s authorisation to charge his account.
2.4 The customer may also pay for the event by credit card. In this case, the credit card details will be requested separately when booking. The Tour Operator will also need the address of the customer or, where relevant, the address of the person receiving the documents as well as the customer’s authorisation to charge his current account via the credit card.
2.5 Changes to the agreed method of payment can only be made up to 35 days before the start of the event.
2.6 If the customer has not received the event documents 4 days before the start of the event, at the latest, he shall immediately contact the Porsche Travel Club. In the case of short notice bookings made within 7 days before the start of the event, the customer will receive his documents as agreed with the service team of the Porsche Travel Club. In your own interest, we would ask you to check your event documents carefully upon receipt.
2.7 If payments are not made or not made in full by the agreed deadlines and if the customer fails to make a payment even after a reminder with payment deadline, the Tour Operator may cancel the relevant contract except in the case where a serious deficiency with the event has already become apparent.
2.8 In the event of cancellation of the contract in the context of the sentence above, the Tour Operator can demand payment of cancellation charges as compensation in line with clause 5 of these terms and conditions. If the customer does not make the payments despite being in arrears, the Tour Operator reserves the additional right to charge a dunning cost fee of €2.50 for the second reminder. The customer’s right to prove that substantially lower or no costs were incurred remains unaffected.
2.9 Costs for additional services, such as visa applications, etc. are not included in the travel price, unless expressly itemised in the service description. If such costs are incurred, they will be invoiced separately.
3 Services, prices
3.1 The contractually agreed services are found in the service descriptions (e. g. brochure, flyer, internet) and in the details to be found in the written confirmation.
3.2 As a rule, packages offered by the Porsche Travel Club include the following services:
- Provision of a Porsche hire car (including fuel), according to the offer description
- Accommodation and catering according to the offer description
- Local taxes
- Accident insurance
- Third-party vehicle insurance (including personal excess; the amount of the excess is disclosed in the hire car agreement to be concluded. Further information can be requested from the Porsche Travel Club in advance)
- Travel cancellation insurance
- Event documents
- Travel representative
3.3 Before the contract is concluded, the Tour Operator can modify the service descriptions at any time. Of course, the customer will be informed accordingly before making the booking.
3.4 Porsche hire cars
3.4.1 Porsche cars may be hired for the duration of Porsche Travel Club events. In this case, a separate car hire agreement has to be made with Porsche. Customers do not have any entitlement to a specific Porsche car model.
3.4.2 There are always two persons in each vehicle. Subject to availability, customers can opt to be a sole driver for an additional charge.
3.4.3 Each participant must produce a valid driving licence before taking possession of a Porsche hire car. Participants must also affirm that no driving ban has been imposed on them by any authority.
3.4.4 Customers shall not be entitled to participate in the driving programme at the relevant event, if they have been officially banned from driving or are unable to produce a valid driving licence. In such cases, the travel price shall not be reimbursed.
3.4.5 In addition to a valid driving licence, participants must produce identity papers as well as a valid credit card at the check-in on the day of arrival. The relevant details along with the private address of the participant are entered on the car hire contract issued by Porsche and to be signed by the participant.
3.4.6 Porsche hire cars are covered by third-party vehicle insurance.
3.4.7 In the context of a Porsche Travel Club event, Porsche hire cars are not covered by fully comprehensive insurance. However, in the case of any damage, participants will be treated as if the car was covered by fully comprehensive insurance with an excess. The amount of the excess is disclosed in the relevant hire contract. This information may be requested in advance from the Porsche Travel Club.
3.4.8 If the insurer is released from making payments as the participant has acted with intent, or if damage occurs as a result of a fault on the part of the participant which is not covered under the third-party vehicle insurance, the participant shall be liable for any and all damage caused by him. In the case of gross negligence, Porsche shall be entitled to assert claims against the participants at a level commensurate with the severity of the fault, up to the amount of the total damage.
3.5 Accompanying persons
There are always two persons/full-paying participants in each vehicle. Accompanying persons are therefore not expected to take part in the driving programme. Children aged 12 or more may, in exceptional cases, participate in the event and travel as an accompanying person with their parents in the hire car (travel prices are provided on request, only possible in a Porsche Cayenne, Panamera or Macan). Both parents must sign a liability waiver for the minor.
3.6 If flights are to be included
3.6.1 In accordance with the EU regulation on informing passengers of the identity of the air carrier, the Tour Operator is obliged to inform the customer of the identity of the airline company performing any or all airline transport services to be rendered during the booked event at the time of booking.
If the operating airline company has not yet been conclusively established at the time of booking, the Tour Operator shall be obliged to inform the customer about the airline company/companies that will probably perform the flight.
As soon as the Tour Operator has established which airline company will perform the flight, he shall inform the customer.
In the event that the air carrier disclosed to the customer changes, the Tour Operator must inform the customer accordingly. He must immediately take all appropriate steps to ensure that the customer is informed about the change as quickly as possible.
A list of airline companies subject to an operating ban within the EU (community list) can be found at www.lba.de.
3.6.2 Flights will be with scheduled airlines. Customers will be carried in economy class; a transfer to First Class or Business Class is possible on payment of the appropriate supplement. Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider. These can be furnished upon request. We strongly recommend that money, valuables, technical equipment and medication be carried exclusively in your hand baggage.
3.7 Special requests
3.7.1 The Porsche Travel Club may only accept the handling of special requests if they declare them to be non-binding. The Tour Operator will do his best to accommodate the request for special arrangements that are not described in the service description (e.g. neighbouring rooms or rooms in a certain location or setting).
3.7.2 In addition to the services described in the event programmes, the Tour Operator will be happy to cater to personal programme requests (à la carte services) as a separate Porsche Travel Club service. This à la carte service refers to all event components that do not conform to the service description according to the brochure.
3.7.3 If customers wish to stay longer at the holiday destination, they should contact the local travel representative or Porsche Travel Club team as soon as possible. We are only too happy to extend your stay if the relevant accommodation and return transport options are available. The costs for extending the stay are payable at the destination. Please have a close look at the applicable rates and conditions for your return transport as well as the period of validity of your travel insurances and any possible visa requirements.
3.7.4 For the events on offer, the customer will be looked after at the destination by travel representatives of the Porsche Travel Club. Please consult your event documents for details, addresses and phone numbers. In the event of complaints, please refer to the special notes under clause 11.
4 Changes to services and prices
4.1 Any changes in or deviations from individual services specified in the original contract that may become necessary after conclusion of the contract and are not due to actions on the part of the Tour Operator involving a breach of good faith are permissible only to the extent that they are of minor significance and do not impair the overall nature of the event booked. In the case of booked flights, flight times are as shown on the flight ticket.
4.2 Any warranty claims remain unaffected, especially insofar as the changed services are subject to deficiencies. The Tour Operator shall be obliged to inform the customer immediately concerning changes in or deviations from the services. If appropriate, the Tour Operator will offer the customer the opportunity of rebooking or cancelling the contract free of charge. If a changed flight also involves a change in the airport, any Rail & Fly ticket included in a customer’s event documents is still valid.
4.3 In the event of an increase in transport costs or duties levied for certain services, such as port or airport taxes, after conclusion of the contract, the Tour Operator reserves the right to change the agreed travel price as follows:
4.3.1 If any transport costs incurred, in particular, fuel costs, rise above the costs at the time of concluding the contract, the Tour Operator can increase the travel price according to the following calculation:
a) In the case of cost increases charged to the Tour Operator on a seat basis, the Tour Operator can charge the customer the relevant increase. b) In other cases, the additional transport costs charged by the transport provider per means of transport are divided by the number of seats for the contractual means of transport. The Tour Operator can charge the customer the resultant increase per seat calculated in this manner.
4.3.2 If charges such as port or airport charges that the Tour Operator has to pay are increased above the costs at the time of concluding the contract, the travel price can be increased by the corresponding pro-rata amount.
4.3.3 Charging increased costs in accordance with the paragraphs mentioned above, is only permitted if the interval between the conclusion of the contract and the agreed travel date is more than 4 months and the circumstances leading to the increase had not occurred nor could be foreseen by the Tour Operator before the contract was concluded.
4.4 In the case of a retrospective change of the travel price, the Tour Operator shall inform the customer immediately. Price increases within the last 20 days before the start of the event are not permitted. In the case of price increases of more than 5 %, the customer is entitled to cancel the contract or to request transfer to another event that is at least of the equivalent of the event in question on the condition that the Tour Operator is able to offer such an event to the customer at no extra cost from his programme. The mutual rights and duties referred to in this paragraph also apply in the case of a permitted change to a main service.
4.5 The customer shall assert his rights against the Tour Operator immediately after being notified by the Tour Operator about the price increase and/or the change to the service.
5 Start of event/cancellation charges
5.1 The customer may cancel the event at any time prior to travelling. The date of receipt by the Tour 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. We recommend that customers submit their cancellation in writing.
5.2 If the customer cancels the event or fails to take part in the event (no-show), the Tour Operator loses the entitlement to the travel price. Instead, the Tour Operator, as long as he is not responsible for the cancellation or the failure to undertake the tour and a case of force majeure does not exist, can demand reasonable compensation depending on the actual travel price 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 sub-clauses 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.
5.3 Cancellation charges are also due if a participant does not appear punctually at the times specified in the travel documents at the relevant airport or place of departure 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 Tour Operator is not responsible.
5.4 The customer 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 Tour Operator when implementing the flat rates.
5.5 The flat-rate cancellation charges are normally applied per person/per accommodation unit:
For events with the Porsche Travel Club
more than 30 days before the event 25 %,
from 30th day before the event 40 %,
from 24th day before the event 50 %,
from 17th day before the event 60 %,
from 10th day before the event 80 %,
from 3rd day before the event up to the day on which the event starts
or no-show 90 % of the travel price.
5.6 In the case of flight-only on scheduled flights per person more than 30 days before departure, the flat-rate claim for cancellation charges amounts to €50; from 30th day before departure €150. This provision only applies to cancellation of flight-only routes on scheduled flights and not to cancellation of combined events.
5.7 The cancellation provisions of the respective service provider apply only in the case of additional services, e. g. green fees, admission tickets to musicals (cf. clause 1), where the Tour Operator acts as agent. The customer is advised accordingly when making the booking.
5.8 The Tour Operator reserves the right to request a higher concrete compensation, differing from the aforementioned flat rates. In this event, the Tour Operator shall be obliged to specify and prove a concrete figure for the requested compensation, taking into account any saved expenditure and any possible alternative use of the service.
6 Ordering vouchers
6.1 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 customer is entitled to furnish proof that the costs were lower or indeed non-existent. The right to provide a substitute participant (see clause 7 below) remains unaffected by the above provisions.
6.2 Vouchers may only be redeemed against services listed in the Porsche Travel Club brochures. Vouchers cannot be redeemed against additional services, such as flights or any rebooking or cancellation fees. Vouchers may only be redeemed through the Porsche Travel Club, 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.
6.3 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.
7 Rebooking, change of person
7.1 Up to the 91st day before the start of the event at the request of the participant, the Tour 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 destination, the place the travel commences, 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 3 upon which the booking is made may only be made by cancelling the contract under the provisions in clause 5 and immediately rebooking. This also applies to flight-only travel on scheduled flights in the case of a change of carrier performed at the customer’s request.
7.2 Until the start of the event, the customer may request that a third party be assigned their rights and duties in accordance with the contract. In this case, the Tour Operator must be notified immediately. The Tour Operator may object to the third party substituting the customer, if the third party does not satisfy the necessary event requirements or if statutory or official regulations or directives preclude their participation.
7.2.1 If a third party replaces the booked participant, the Tour Operator is entitled to charge a flat-rate handling fee of €50 to cover the associated costs. The customer’s right to furnish proof that substantially lower or no costs at all have been incurred remains unaffected.
7.2.2 The registered participant and the substitute are jointly and severally liable for paying the extra cost incurred through inclusion of the replacement person.
8 Travel insurance
Events organised by the Porsche Travel Club generally include an insurance package covering travel cancellation and accident insurance.
9 Cancellation and termination by the Tour Operator
9.1 The Tour Operator may terminate the contract without notice if the customer continues to disrupt the course of the event despite proper admonishment by the Tour Operator. This also applies if the conduct of the customer grossly violates the terms of the contract to such an extent that the immediate termination of the contract is justified. The Tour 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 Tour 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 customer and put to other meaningful use or any refunds received from service providers.
9.2 The Tour Operator may cancel the event contract up to 5 weeks (receipt by the customer) before the start of the event, should the minimum number of participants specified in the relevant service description and in the written confirmation not be reached. The Tour Operator shall, of course, notify the customer 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 customer immediately. The customer shall be immediately refunded the travel price paid.
9.3 In the event of the Tour Operator cancelling the contract in line with clause 9, the customer shall be entitled to demand his participation in another event of at least equal value, provided the Tour Operator is able to offer such an event from his programme without burdening the customer with extra costs. The customer shall assert this right against the Tour Operator immediately after having received the notice of cancellation from the Tour Operator. If the customer does not exercise his right to participate in an event of equal value, he shall immediately be refunded the travel price paid.
10 Extraordinary circumstances – force majeure
10.1 We refer you to section 651j of the BGB in the case of a termination of the contract due to force majeure. The wording of this section is as follows:
“(1) If the travel package is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when the contract was entered into, then both the travel organiser and the traveller 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. Extra costs for return transport are to be borne by the parties one-half each. Apart from this, extra costs are borne by the traveller.”
10.2 You will find travel advisories from the German Foreign Office on the internet at www.auswaertiges-amt.de or by calling +49 (0)30 5000-2000.
11 Redress/price reduction/termination
11.1 If a service is not fulfilled or not fulfilled according to the contract, the customer shall be entitled to demand redress. The customer shall be obliged to immediately inform the Tour Operator of any deficiency relating to the travel. If the customer fails to do that on account of a fault on his part, no reduction of the travel price will be made. This shall not apply only in the event that the information is recognisably hopeless or unreasonable for other reasons.
11.2 The customer shall be obliged to immediately inform the travel representative at the place of destination about his complaint. If no travel representative is available at the place of destination, the Tour Operator shall be informed about any deficiencies of the travel at his place of business. Customers shall be advised of the contact details for the travel representative or Tour Operator in the service description or, at the latest, in the event documents. The travel representative is responsible for providing redress, insofar as this is possible. He shall not, however, be authorised to accept any claims made by the customer.
11.3 The Tour Operator may also provide redress by rendering a service of equal or higher value. The Tour Operator can refuse to provide redress if this would involve unreasonable expenditure.
11.4 After returning from the event, the customer may request a reduction in the travel price, if services were not provided in conformity with the contract or he did not culpably omit to notify the Tour Operator of the deficiency immediately (without undue delay).
11.5 If the event is seriously impaired as a result of a deficiency and the Tour Operator does not provide redress within a reasonable period, the customer may terminate the contract in line with the statutory provisions – it is recommended that the customer put the notice of termination in writing, in his own interest and in order to document it as evidence. The same applies if the customer cannot be reasonably expected for good cause to participate in the event as a result of a deficiency acknowledged by the Tour Operator. A reasonable deadline for providing redress does not apply if redress is impossible or the Tour Operator refuses to provide redress or if the immediate termination of the contract is justified in the customer’s special interest. If the contract is terminated in this way, the customer shall be entitled to repatriation. In this case, he shall only owe the Tour Operator that part of the travel price which is allocated to the services he used, if such services were of interest to him.
12.1 Participants take part in events organised by the Porsche Travel Club at their own risk.
12.2 If a deficiency exists, the customer is entitled, irrespective of a reduction in the travel price or termination, to claim damages, unless the deficiency of the event was caused by circumstances beyond the Tour Operator’s control. He may also claim damages for wasted holiday time if the event was ruined or seriously impaired.
12.3 Contractual claims for damages: the Tour Operator’s contractual liability for damages other than personal injury is limited to three times the amount of the travel price, as far as the damage suffered by the customer was not caused by the Tour Operator wilfully or through gross negligence. The limitation of the liability to three times the travel price also applies to damage to the customer, other than personal injury, for which the Tour Operator’s responsibility is solely due to the fault of a service provider.
12.4 Claims for damages based on tort: claims for damages asserted against the Tour Operator for tort that are not due to wilful acts or acts of gross negligence are limited with respect to damage to property to the amount of three times the travel price. These maximum liability amounts apply per participant and event. Possible claims related to baggage in accordance with the Montreal Convention which might go beyond such an amount remain unaffected by this limitation.
12.5 The Tour Operator shall not be liable for interruptions to services, personal injury and property damage related to services for which he acted merely as agent and only mediated services rendered by an outside party (e. g. excursions, sports events, theatre visits, exhibitions, transportation services from and to the specified places of departure and destinations), if these services were explicitly designated in the travel description and the booking confirmation as services rendered by an outside party so that they are discernible to the customer as not being part of the service rendered by the Tour Operator.
12.6 The Tour Operator is, however, liable for services which include the transportation of customers from the specified place of departure for the event to the specified destination, interim transport during the event and the accommodation during the event, if and insofar as the damage suffered by the customer was causally due to the Tour Operator breaching his obligations to inform, advise and organise.
12.7 The customer is solely responsible for his participation in sports and other leisure activities. The customer should inspect the sports facilities, equipment and vehicles before using them. The Tour Operator will only be liable for accidents that occur in the course of sports events and other leisure activities, if caused by him. The Tour Operator recommends that customers take out accident insurance.
12.8 Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider. These can be furnished upon request. The terms and conditions of the German railway company Deutsche Bahn AG as shown on the reverse side of the train ticket documents do not apply to the contract between the customer and wige EVENT. The rights and duties of the Tour Operator and the customer in accordance with German travel legislation and these comprehensive terms and conditions are not restricted by the terms and conditions of the relevant transport provider.
12.9 In line with the service description (clause 3), the event documents include Rail & Fly tickets from Deutsche Bahn AG and an additional ‘Fahren & Fliegen’ (Drive & Fly) leaflet from the Association of German Transport Companies.
12.10 Each customer is individually responsible for arriving in good time at the departure airport, unless their late arrival is the result of a wilful or grossly negligent action on the part of the Tour Operator.
12.11 Travelling with the Porsche Travel Club entails participants driving on public roads. Customers are solely responsible for their own conduct. Any infringements of the German road traffic regulations (StVO) will be forwarded from Porsche to the customer and the customer’s address will be disclosed to the authorities, should this be required.
12.12 Safety precautions: Participants must follow the instructions given by wige EVENT employees for the entire duration of any event. Seat belts must be worn at all times.
12.13 The consumption of alcohol is strictly prohibited (blood alcohol level: 0.0 per cent) on all Porsche Travel Club driving programmes, as is the taking of drugs or other intoxicating substances which may impair 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 travel representative 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 travel price.
12.14 In the event of gross breaches of driving discipline, the event management shall be entitled to exclude the customer from any further participation. In such cases, there shall be no reimbursement of the travel price.
13 Duty to cooperate, complaints
13.1 In the event of disruptions to services, each customer shall be obliged to cooperate in avoiding or minimising possible damage within the framework of the statutory provisions.
13.2 While complaining to the service provider might often be helpful, it does, however, not release the customer from his duty to make a complaint to the Tour Operator. The customer will find the necessary telephone and fax numbers as well as e-mail addresses in his event documents or in the service descriptions. In the event of damage to or delays in the delivery of baggage or goods after a flight, the Tour Operator recommends that the customer immediately notifies the respective air carrier at the airport by completing and submitting the Passenger Irregularity Report (PIR) within 7 days after discovering the damage in case of travel baggage, within 14 days after the acceptance in case of goods, or, in case of a delay, 21 days after the baggage or the goods were provided to the customer, at the latest. As a rule, airlines refuse to pay compensation if the PIR was not completed and submitted. In addition, the loss of, damage to or faulty transport of baggage should be notified to the travel representative. If the customer culpably omits to report a defect, he shall not have any right to assert any subsequent claims.
14 Exclusion of claims, limitation and assignment
14.1 Claims on account of the travel not being provided in accordance with the contract (sections 651c–f of the BGB) must be asserted with the Tour Operator within one month after the end of the event as specified in the contract (see address at the end of these terms and conditions). This should be made in writing, in the interest of the customer. The customer 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 travel ended will not be included in the calculation of the month’s deadline. See clause 12 for asserting claims relating to damage to baggage, delays in the return of baggage or the loss of baggage.
14.2 Claims asserted by the customer 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 Tour Operator or a legal representative or vicarious agent of the Tour 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 Tour Operator or a legal representative or vicarious agent of the Tour Operator.
14.3 All other claims asserted under sections 651c–f of the BGB lapse after 1 year according to the statute of limitations.
14.4 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.
14.5 Claims arising from unlawful acts lapse after 3 years.
14.6 If negotiations between the customer and the Tour 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 customer or the Tour 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.
14.7 Third parties will only act as agents in concluding the contract. They are not authorised to accept any warranty or compensation claims made by the customer after the end of the travel.
15 Passport, visa, customs, foreign currency and health requirements
15.1 The Tour Operator will be responsible for notifying nationals of the country in which the event is offered of any requirements concerning passport, visa and health regulations as well as any amendments to such regulations before the start of the event. Nationals from other countries should contact the respective embassy/consulate responsible for them. Essential information on necessary formalities is given in the service descriptions and event documents. Please take note of this information and contact your travel agent should you require more detailed information.
15.2 If the Tour Operator was entrusted with the visa application by the customer, the Tour Operator himself will not be liable for ensuring that the visas are issued by the relevant consular authorities in good time, unless the Tour Operator was ultimately responsible for the delay. The customer should allow approximately 8 weeks for the processing of visa applications, etc. by the relevant authorities.
15.3 The customer alone is responsible for complying with all regulations necessary for the performance of the event. All disadvantages, in particular the payment of cancellation charges arising from non-compliance with these regulations, shall be borne by the customer, with the exception of consequences due to culpably incorrect or deficient information provided by the Tour Operator.
15.4 Consult the brochure and contact the Porsche Travel Club to find out whether you need a passport for your event or whether an ID card suffices, and please ensure that your passport or your ID card are valid beyond the event. In some countries, children may be registered in the passport of an accompanying parent, in others children need their own passport.
15.5 Some countries apply very strict customs and currency regulations. Make sure that you are well informed and abide by the regulations.
15.6 Some countries demand that certain vaccination certificates may not be less than 8 days old and not more than 3 years old (smallpox) or 10 years (yellow fever). Proof of such vaccinations is required by the German authorities after returning from certain countries (e. g. Africa, Middle East). For relevant information, please consult the brochure and contact the Porsche Travel Club in case of questions.
16 Data protection
Personal data provided by the customer to the Tour 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 Travel Club.
17 Place of jurisdiction, general information
17.1 The recipient of the contract documents and the written confirmation is obliged to check the documents received immediately to ensure that they are correct (name, travel data, destination, etc.) and to immediately notify the issuer in the event of an error.
17.2 Customers are obliged to bring a valid driving licence and a valid passport/identity card to the event. The following driving licences are accepted:
- EU driving licences
- National driving licences in German or English
- National driving licences from non-EU countries not issued in English are only acceptable if accompanied by a certified German or English translation
- International driving licences only when presented together with a national driving licence
17.3 If individual provisions of the contract are ineffective, the effectiveness of the entire contract shall remain unaffected. The same shall apply to these terms and conditions.
17.4 The contractual relationship between the customer and the Tour Operator shall be subject exclusively to German law. The same shall apply to the entire legal relationship.
17.5 Insofar as legal action is taken by the customer against the Tour Operator in foreign countries and German law is not applied to the liability of the Tour 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 customer.
17.6 The customer can take legal action against the Tour Operator only at the place where the Tour Operator has its domicile.
17.7 Any legal action taken by the Tour Operator against the customer must be made at the place where the customer is resident. The venue for any legal action against a customer or contract partner to a contract, 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 Tour Operator has its registered office.
17.8 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 customer on the basis of contractually mandatory regulations of international agreements and which are applicable to the contract between the customer and the Tour Operator, or
b) if and insofar as mandatory regulations in the member state of the European Union to which the customer belongs are applicable to this contract and are more favourable to the customer than the regulations in these terms and conditions or the applicable German provisions.
These terms and conditions of travel and information apply to the
_wige EVENT gmbh
Head office: Cologne
Register court: Cologne HRB 55586
Managing Director: Peter Lauterbach
VAT identification no.: DE 814 520 663
Porsche Travel Club
_wige EVENT gmbh
Stammheimer Straße 31
Tel.: +49 (0) 711 911-23360
Fax: +49 (0) 711 911-23278
Account number: 439 282 004
Sort code: 600 907 00
IBAN: DE45 6009 0700 0439 2820 04
Programme valid from 11/2013 to 11/2014
Printed in September 2013