Training objectives of the Porsche Sport Driving School

The Porsche Sport Driving School events organised by TUI Deutschland GmbH (hereinafter referred to as ‘airtours’) pursue the following objectives:

• To improve driving skills and driving safety, especially in everyday road traffic situations
• The events are not aimed at achieving maximum speeds nor are they intended to encourage competitive behaviour
• To improve mastery of the vehicle and response time
• To identify hazardous situations well in advance
• To promote correct responses in hazardous situations
• The events seek to make a positive contribution towards reducing the number of accidents. To achieve these objectives participants are divided into groups of up to approximately 12 participants of a similar level. A maximum of 2 instructors supervise each group.

Registration, confirmation

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 airtours’ 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 transferrable.

1.4 The Organiser endeavours to provide participants with a detailed training information pack at the latest 10 days before the start of the relevant event.

Driving licence

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 section 4.

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 course fee shall not be refunded.

Using private vehicles

3.1 Only vehicles covered by statutory third-party insurance and which comply with the German road traffic 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 vehicle must be approved by the German Technical Inspection Association (TÜV) and entered in the vehicle registration papers.

3.4 The Organiser reserves the right to exclude from the event any vehicle that does not comply with these requirements in accordance with subsections 3.1–3.3. There is no entitlement to the provision of a replacement vehicle in such cases.

3.5 Before taking part in an event we recommend that customers check with their car insurers to ensure the validity of their third-party vehicle insurance and, if applicable, their comprehensive insurance cover.

Using a hire car from Porsche

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. 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 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 Dr. Ing. h.c. F. Porsche Aktiengesellschaft and to be signed by the participant.

4.3 Porsche hire cars are covered by third-party as well as comprehensive insurance. The comprehensive insurance, depending on the relevant training level, is subject to the following damage excess amounts per claim:

• Warm-up: excess EUR 5,000
• Precision/Women Only: excess EUR 5,000
• Performance: excess EUR 10,000
• Master/special courses: excess EUR 10,000

When hiring turbocharged vehicles, the damage excess is EUR 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 gross negligence or 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.

Accompanying person and second driver

5.1 Accompanying person 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 driving for assessment purposes or 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 the child 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 and Master training levels as well as for special courses, the minimum age for accompanying persons is 18.

5.2 Two drivers per vehicle It is possible on request to register two drivers for one vehicle in closed incentive groups. In this case, two people share the training vehicle and both take part actively in the event as full-paying participants.

Payment

6.1 To safeguard the monies paid by customers, the Organiser has taken out insolvency insurance cover with the German Reisepreis Sicherungsverein VVaG (DRS). An insolvency insurance certificate shall be enclosed with the confirmation/invoice.

6.2 After conclusion of the contract, a deposit of 25 % of the total price becomes due when the confirmation/ invoice is issued. The balance must be paid 30 days before the date of the training (see subsections 6.3 and 6.5.3).

6.3 The balance becomes due once it has been confirmed that the training shall take place as agreed.

6.4 The amount of the deposit and the balance and any applicable cancellation charges in the event of a cancellation are shown on the confirmation/invoice. The charges in the event of cancellation (cf. section 12), processing and amendment fees (cf. section 13) as well as charges for customised arrangements of the event are payable immediately.

6.5 Paying the Organiser

6.5.1 Payments to the account of the Porsche Sport Driving School may be made in euros only. In the case of payment by direct debit, the Organiser shall need details of the bank account and the address of the participant or, where appropriate, the address to which the training documents should be sent as well as written authorisation to charge the bank account.

6.5.2 The participant may also pay the training fees by credit card. In this case, the details of the credit card shall be requested separately when booking. The Organiser will also need the address of the participant or, where appropriate, the address of the person who will be receiving the documents, as well as authorisation to charge the bank account via the credit card. Please note that the special benefits offered by the TUI Card/TUI Card Gold do not apply when making bookings with the Porsche Sport Driving School.

6.5.3 As a rule, the deposit is debited from your bank account within a week of concluding the contract and the balance 30 days before the start of training but not, in the latter case, before the conditions set out in subsection 6.3 have been met.

6.6 […]*

6.7 Changes to the agreed method of payment may only be made up to 35 days before the start of training.

6.8 If participants have not received the training documents within 4 days before the start of the event at the latest, they should contact the Porsche Sport Driving School immediately. In the case of short notice bookings made within 7 days of the departure date, how you receive your training documents shall be 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 the participant does not pay even after receiving a reminder with a payment deadline, the Organiser shall have the option to cancel the contract except in the case where it is already clear that there are serious defects. In the event of cancellation of the contract in the context of the sentence above, the Organiser may demand payment of cancellation charges as compensation as set forth in section 15. If the participant does not make any payment despite being in arrears, the Organiser reserves the right to charge a fixed dunning cost fee of EUR 20 for the second reminder. The right of the participant to prove that substantially lower or no costs have been incurred remains unaffected.

6.10 Costs for additional services, such as visa applications, etc., are not included in the participation fee unless expressly itemised in the description of services. If such costs do arise, they shall be invoiced separately.

6.11 The event fee/payment includes the following services:

• Training fees
• Circuit hire incl. track safety measures
• Supervision by two instructors per group
• On-site project management
• Food and refreshments as specified in the respective programme
• Technical support for the vehicles
• Medical support
• Training contents as specified in the relevant programme
• Training information pack
• Travel cancellation insurance

6.12 The participant pays the following costs:

• Travel to and from the training venue
• Running costs for the participant’s own vehicle including fuel and lubricants
• Accommodation costs in the hotel as indicated as well as additional costs such as drinks at the bar, parking, telephone charges, etc.

6.13 First-time participants driving a Porsche registered in their name that has been modified for disabled persons may take part in their first Warm-up or Precision training session free of charge.

Event requirements

7.1 There are no requirements for the Warm-up or Precision courses.

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 training course the driver must have completed a Performance course at the Porsche Sport Driving School.

7.4 We recommend that drivers complete a Precision course at the Porsche Sport Driving School before participating in the special courses g-Force, Super Sport, Track Day and Classic Cars. The Organiser reserves the right on a case-by-case basis to allow direct entry to Porsche Sport Driving School events (Performance and higher levels) to drivers with documented experience gained at training events offered by third-party organisers and subject to a successful check to ensure that the course content is equivalent.

Training venues

8.1 The circuits are closed to other drivers during the events.

8.2 All circuits are subject to the German road traffic regulations (StVO) and road traffic licensing regulations (StVZO).

Safety precautions

9.1 Participants must follow the instructions of the airtours 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. airtours provides a limited number of helmets on payment of a deposit.

9.4 The consumption of alcohol is strictly prohibited (blood alcohol level: 0.0 percent) 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 In the event of gross breaches of driving discipline, the event management shall be entitled to exclude the participant concerned from further participation. In such cases, there shall be no reimbursement of the event fee.

Liability, limitation of liability and exemption

10.1 Participants take part in the Porsche Sport Driving School events at their own risk.

10.2 airtours and its legal representatives and vicarious agents shall only be liable for damage to the participants if this damage was caused by gross negligence or malicious intent by airtours 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 airtours 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, airtours’ 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 airtours 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 airtours 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.

Changes by airtours

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, airtours reserves the right to alter the content of the event.

Cancellation by the participant before training commences/ cancellation fees

12.1 The participant may withdraw from an event at any time before training commences. The date on which notice of cancellation is received by the Organiser shall be decisive (for addresses see section 22). Participants are recommended to put the notice of cancellation in writing.

12.2 In the event of cancellation by the participant or a no-show at the event, the Organiser shall no longer be entitled to the event fee. Instead, if the Organiser was not responsible for the cancellation or the no-show at the event or in the absence of force majeure, the Organiser shall be entitled to claim reasonable compensation depending on the applicable event fee to cover the costs of the preparations made for the event at the time of cancellation or no-show as well as for the administrative handling costs of the cancellation. The applicable pro-rata based standard cancellation fees are set forth in subsection 12.5 and take into account the time between cancellation and the contractually agreed start of the event. The typical savings and other possible usage of services provided at the event are taken into account.

12.3 Cancellation fees are also payable if the participant does not show up at the time specified in the information pack for the relevant training circuit or if the no-show is due to a failure by the participant to provide the necessary travel documents, such as a passport or the relevant visa, for which the Organiser is not responsible.

12.4 The participant is entitled to produce evidence that no costs or significantly lower costs have been incurred in connection with the cancellation or no-show than those covered by the compensation rate applied (see next subsection).

12.5 The standard cancellation fees that the Organiser is entitled to claim as a rule on a per-person basis are:

12.5.1 […]*

12.5.2 […]*

a) […]*

b) for Porsche Sport Driving School events
up to 31 days before the start of the event 25 %,
from the 30th day before the start of the event 40 %,
from the 24th day before the start of the event 50 %,
from the 17th day before the start of the event 60 %,
from the 10th day before the start of the event 80 %,
after the 3rd day before the start of the event until the day the event starts or in the case of a no-show, 90 % of the event fee.

Vouchers

A handling fee of 5 % of the value of the voucher is due if a voucher issued for a given value is returned. The right to show that lower costs or no costs at all have been incurred remains unaffected.

12.6 The right of the participant to find a substitute (see subsection 13.2 below) remains unaffected by the above provisions.

12.7 Redeeming vouchers

Vouchers may only be redeemed against services listed in the Porsche Sport Driving School 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 Sport Driving School, airtours – a TUI Deutschland GmbH brand – 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.

Rebooking, change of person

13.1 Up to the 31st day before the start of the event at the request of the participant, the Organiser shall, as far as is feasible, amend the booking for an amendment fee of EUR 50 per person. An amendment is, for instance, a change to the date of the 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 an amendment. Changes in line with the periods referred to above in subsection 12.5.2 (e.g. for flight-based/standard charges from 30th day before start of travel) as well as changes that take effect outside the period of validity of the description in the brochure upon which the booking is made (subsection 6.11) may only be made by cancelling the travel contract under the provisions in section 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.

13.2 Until the start of the event, participants may request that a third person be assigned their rights and duties in accordance with the contract toparticipate in the event. In this case, the Organiser must be notified immediately. The Organiser may object to the third person substituting the participant, if the third person does not satisfy the necessary event requirements or if statutory or official regulations or directives preclude their participation. If a third person replaces the booked participant, the Organiser is entitled to charge a flat-rate handling fee of EUR 50. The participant’s right to show evidence that substantially lower costs 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.

Travel insurance

14.1 […]*

14.2 Events at the Porsche Sport Driving School include an insurance package that covers travel cancellation fees and accidents.

Cancellation and termination by the Organiser

15.1 The Organiser may terminate the event contract without notice if the participant disrupts the course of the event despite proper admonishment by the Organiser. 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 Organiser 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 Organiser 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.

15.2 The Organiser may cancel the event contract up to 5 weeks (receipt by the participant) before the start of the event should the minimum number of participants specified in the relevant description of services not be reached. The Organiser 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. The participant shall be immediately refunded the full amount paid for participating in the event.

Extraordinary circumstances – force majeure

16.1 We refer to article 651j BGB (German Civil Code) in the case of termination of the event contract due to force majeure. The wording is as follows:

(1) If the event is substantially impaired, jeopardised or adversely affected as the result of force majeure not foreseeable when the agreement was entered into, then the Organiser as well as the participant may terminate the agreement simply under these provisions.

(2) If the contract is cancelled in line with item (1) above, the provisions of article § 651e subsections 3 (1) and 2 (4) apply.

16.2 Participants may consult the travel advice issued by the German Ministry of Foreign Affairs at www.auswaertiges-amt.de or call +49 (0)30 5000-2000.

Redress/price reduction/ termination

17.1 If a service or component of the event cannot be fulfilled or is not fulfilled in accordance with the contract, the participant is entitled to demand redress. The Organiser may offer redress by providing an alternative service of an equal or higher value. The Organiser may refuse to offer redress if this would involve unreasonable expenditure.

17.2 After returning from the event, the participant is entitled to claim a reduction in the participation fee if services and components of the event were not provided in accordance with the contract and the participant did not culpably omit to notify the Organiser of the defects immediately (without undue delay).

17.3 If a training session was substantially impaired due to a defect or deficiency and the Organiser did not provide redress within a reasonable period, the participant is entitled in accordance with statutory provisions to terminate the event contract. In the interests of the participant and to be able to document such action, the recommended form of notice of termination is in writing. The same applies if the participant cannot be reasonably expected for good cause to continue in the event due to defects acknowledged by the Organiser. It is not necessary to give a reasonable period for providing redress if redress is impossible or the Organiser refuses to provide redress, or if the immediate termination of the contract is justified in the participant’s best interest. The participant only owes the Organiser the portion of the event fees due for the services made use of if these were of interest to him.

Exclusion of claims, limitation and assignment

18.1 All claims on account of the event not being provided in accordance with the contract (articles 651c to f of the BGB) must be lodged with the Organiser within one month (the relevant addresses can be found in section 22 below). It is recommended that all claims be made in writing. The participant may make a claim after the expiry of one month only if he was prevented from doing so earlier by circumstances beyond his control. The day the event ended is not included when calculating the month’s deadline.

18.2 Claims asserted by the participant in accordance with articles 651c to f BGB for losses resulting from fatal injury, bodily harm or damage to health, if they arise from a deliberate or grossly negligent breach of duty on the part of the Organiser, lapse according to the statute of limitations after 2 years. This also applies to claims for compensation for other damages that arise from a deliberate or grossly negligent breach of duty on the part of the Organiser or one of his legal representatives or vicarious agents.

18.3 All other claims asserted by the participant in accordance with articles 651c to f BGB lapse after 1 year according to the statute of limitations.

18.4 The date for determining the lapse of claims according to 18.2 and 18.3 above is based on the day that follows the day the event finishes as per the contract.

18.5 Claims arising from unlawful acts lapse after 3 years.

18.6 If negotiations between the participant and the Organiser regarding the claim or the circumstances surrounding the claim remain unresolved, then the period after which the claim lapses shall be postponed until the participant or the Organiser refuses to continue with negotiations. The period after which the claim lapses shall take effect at the earliest 3 months after the end of the postponement.

18.7 The assignment of claims against the Organiser to other parties is excluded. This does not apply to family members travelling together.

Passport, visa, customs, foreign currency and health requirements

19.1 The Organiser shall notify nationals of the country in which the event is offered of any requirements concerning passport, visa and health regulations as well as any changes to such regulations before the start of the training. Nationals of other countries should contact the respective embassy/consulate. Basic information on formalities is provided in the event description in the brochures (sub-section 6.11) and in the training documents. Participants are requested to take note of this information.

19.2 If the Organiser was entrusted with the visa application, the Organiser himself is not responsible for ensuring that the visas required are issued by the relevant consular authorities in good time, unless the Organiser was ultimately responsible for the delay. The participant should allow approximately 8 weeks for the processing of visa applications, etc., by the relevant authorities.

19.3 The participant alone is responsible for complying with all regulations necessary for participating in the event. Any negative consequences, especially the payment of cancellation fees arising from non-compliance with these regulations, are the participant’s responsibility, with the exception of consequences due to culpably incorrect or deficient information provided by the Organiser.

19.4 Participants may enquire at the Porsche Sport Driving School as to whether a passport is needed to travel to the booked event or whether an ID card is sufficient. Please ensure that your travel documents are valid for the required period. In some countries children may be registered in the passport of an accompanying parent, while in others children require their own passport.

19.5 Some countries apply very strict customs and currency regulations. Make sure that you are well informed and abide by the regulations.

19.6 Some countries demand that certain vaccination certificates are no less than 8 days old and not more than 3 years (smallpox) or 10 years old (yellow fever). Proof of such vaccinations is required by the German authorities after returning from certain countries (e.g. Africa, the Middle East). Participants may consult the Porsche Sport Driving School directly for more information.

Audio and video recordings

Participants may only use recordings they have made themselves for private purposes, unless airtours, the Dr. Ing. h.c. F. Porsche AG or any persons appearing in the recording have given their written consent for the recording to be used for other purposes.

Data protection

Personal data that participants make available to us shall be processed electronically and used as necessary in order to perform the contract. The data shall be stored in a central database maintained by Dr. Ing. h.c. F. Porsche AG. airtours – a TUI Deutschland GmbH brand – shall process and use the data solely in conjunction with the Porsche Sport Driving School.

Place of jurisdiction/general information

22.1 The recipient of the participation documents is obliged to check the documents received immediately to ensure they are correct (name, training details, etc.) and to notify the issuer immediately in the event of an error.

22.2 Participants are obliged to bring a valid driving licence and a valid passport/identity card to events. 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 German translation
• International driving licences only when presented together with a national driving licence

22.3 The invalidity of individual provisions of the event contract does not affect the validity of the overall contract. The same applies to these terms and conditions of participation.

22.4 The contractual relationship between the customer and the Organiser is based exclusively on German law. This also applies to the entire legal relationship.

22.5 Insofar as legal action is taken by the customer against the Organiser abroad and German law is not applied to the liability of the Organiser then as regards the legal consequences, in particular regarding the type, extent and amount of the claims of the customer, German law shall apply exclusively.

22.6 The customer may take legal action against the Organiser only at the place where the Organiser is based.

22.7 Any legal action taken by the Organiser against the customer must be made in the customer’s usual place of residence. The venue for any legal action against a customer or contract partner to a travel contract who is a trader or merchant, a natural or legal person, whether public or private, who is domiciled or has his usual place of residence abroad or his place of domicile or usual residence is not known at the time the action is taken, is agreed as the place where the Organiser is based.

22.8 The aforementioned conditions relating to the choice of law and the legal venue do not apply:
a) if and inasmuch as provisions exist in favour of the customer based on contractually mandatory regulations from international agreements and which are applicable to the contract between the customer and the Organiser, or
b) if and inasmuch 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 corresponding German provisions.