General terms and conditions
1. Scope
These terms and conditions apply to contracts for the organization and execution of events, incentives, conferences, and travel, as well as all related services and deliveries provided by GEDLICH Racing GmbH and its contractual partners.
2. Contract Formation, Parties, and Liability
2.1 The contract is formed through the oral or written booking by the customer and the acceptance of the application (confirmation/invoice) by GEDLICH Racing GmbH to the customer; these parties are the contractual partners.
2.2 The scope of the contractual service is bindingly derived from the service description of the offer for the event period as well as from the corresponding details in the event confirmation/invoice. Other brochures and information sources are not relevant. Employees of GEDLICH Racing GmbH are not authorized to make verbal side agreements.
2.3 GEDLICH Racing GmbH is liable for its obligations under the contract. This liability is limited to performance deficiencies that are attributable to intentional misconduct or gross negligence by GEDLICH Racing GmbH, except in the typical performance area. This limitation does not apply to damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty—even by a legal representative or an agent of the exempted group of persons. Furthermore, the customer is obliged to inform GEDLICH Racing GmbH in a timely manner of the possibility of any extraordinary damages occurring.
2.4 Services explicitly described in the offer as being arranged in the name of third parties from other companies are not subject to the liability of GEDLICH Racing GmbH. In the case of such mediation, liability for mediation errors is excluded, unless intentional misconduct or gross negligence is present.
3. Services, Prices, Payment, Rebooking
3.1 GEDLICH Racing GmbH is obligated to provide the services ordered by the customer and confirmed by GEDLICH Racing GmbH.
3.2 The customer is obligated to pay the prices agreed upon for these services to GEDLICH Racing GmbH immediately upon invoicing. This also applies to services and expenses incurred by GEDLICH Racing GmbH to third parties in connection with the event. Deviating payment due dates are only valid if separately agreed upon. There is no obligation to provide services for unpaid services. In addition, the provisions of Section 651 k (3) of the German Civil Code (BGB) apply. GEDLICH Racing GmbH is entitled to cancel the booking in the event of default in payment after the expiration of a reasonable grace period and to charge for the resulting damages.
3.3 Upon receipt of the written confirmation, a deposit of at least 25% of the total price becomes due.
3.4 The agreed prices are either exclusive of the applicable statutory VAT (for offers to companies) or inclusive of statutory VAT (for offers to consumers). If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the general price for such services charged by GEDLICH Racing GmbH increases, the agreed price may be adjusted accordingly, but by no more than 10%.
3.5 Invoices from GEDLICH Racing GmbH without a due date are payable within five days of receipt without deduction. In the event of late payment, GEDLICH Racing GmbH is entitled to charge interest at a rate of 5% above the respective base interest rate for consumers. If the customer is not a consumer, GEDLICH Racing GmbH will charge default interest at a rate of 8% above the respective base interest rate. The customer is expressly permitted to provide evidence that a lower damage amount has been incurred. Bank fees are in all cases borne by the customer.
3.6 GEDLICH Racing GmbH is entitled to request a reasonable advance payment at any time. The amount of the advance payment and the payment dates will be agreed upon in writing in the contract.
3.7 In the event of default, GEDLICH Racing GmbH is entitled to charge a flat fee of 8 EUR per reminder letter for the cost of issuing reminders.
3.8 Payment of the participation fee must be received by GEDLICH Racing GmbH before the start of the event. Participation in the event is not possible if payment has not been made on time. The timeliness of payment is determined by the receipt of funds in the account of GEDLICH Racing GmbH or the successful payment by credit card. A transfer receipt alone is not sufficient to prove timely payment.
3.9 If changes to the event date are made at the customer’s request after booking the event up to 30 days before the event date (rebooking), GEDLICH Racing GmbH is entitled to charge a processing fee of 15 EUR per participant.
4. Compensation
GEDLICH Racing GmbH reserves the right to combine multiple claims from different orders and offset them against each other.
5. Extra costs
Services that are not part of the contract but are provided at the customer’s short-term request during the event will be invoiced separately after the event with a handling fee.
6. Travel expenses
Reimbursement for travel-related costs, particularly mileage, accommodation expenses, flight costs, meal expenses, and other expenses incurred during travel by freelancers, business partners, interns, potential employees/applicants of GEDLICH Racing GmbH, and other persons, is excluded. A request for the reimbursement of travel expenses must be submitted in writing to GEDLICH Racing GmbH prior to the commencement of travel. Reimbursement without prior written request is excluded.
7. Withdrawal by GEDLICH Racing GmbH
7.1 If the advance payment is not made even after the expiration of the deadline specified in the rejection order with the threat of rejection, GEDLICH Racing GmbH is entitled to withdraw from the contract.
7.2 Furthermore, GEDLICH Racing GmbH is entitled to withdraw from the contract for justifiable reasons, such as:
- Force majeure or other circumstances beyond the control of GEDLICH Racing GmbH that make the fulfillment of the contract impossible;
- Events booked under misleading or false information of essential facts, such as the customer’s identity or the purpose of the event;
- GEDLICH Racing GmbH has reasonable grounds to believe that the event could jeopardize the smooth business operations, safety, or public reputation of GEDLICH Racing GmbH, without this being attributable to the control or organizational area of GEDLICH Racing GmbH.
7.3 GEDLICH Racing GmbH must notify the customer of the exercise of the right of withdrawal without delay.
7.4 In the event of withdrawal, the customer is not entitled to claim damages against GEDLICH Racing GmbH.
7.5 Should GEDLICH Racing GmbH withdraw from the contract due to a violation of these General Terms and Conditions for Events and Travel by the customer, GEDLICH Racing GmbH is entitled to charge for the agreed services unless a rebooking is possible.
7.6 The customer is expressly permitted to prove that no damage or depreciation has occurred or that it is significantly lower than the flat rate.
8. Withdrawal by the customer
8.1 In the event of the customer’s withdrawal, GEDLICH Racing GmbH is entitled to charge for the agreed services in full if rebooking is no longer possible.
8.2 If the customer withdraws up to the 60th day before the start of the event, no cancellation fees will be charged.
- If the customer withdraws between the 59th and 30th day before the start of the event, cancellation fees amounting to 50% of the total order sum will be charged;
- If the customer withdraws from the 29th day before the start of the event, cancellation fees amounting to 90% of the total order sum will be charged;
- If the customer withdraws from the 7th day before the start of the event or fails to appear, cancellation fees amounting to 100% of the total order sum will be charged.
8.3 The customer is expressly permitted to prove that no damage or depreciation has occurred or that it is significantly lower than the flat rate.
9. Jurisdiction/Applicable Law
This contract is governed by German law. For all disputes arising out of or in connection with a service provided by GEDLICH Racing GmbH, Frankfurt am Main is agreed as the place of jurisdiction if the party to be sued is a merchant, a legal entity under public law, or a special fund under public law. This jurisdiction agreement also applies if the party to be sued moves its domicile or usual place of residence outside the scope of this law after the conclusion of the contract, or if its domicile or usual place of residence is not known at the time of the lawsuit. The invalidity of any part of these contractual terms and conditions does not affect the validity of the remaining provisions.
10. Participation and Usage Conditions
The goal of participating in an event organized by GEDLICH Racing GmbH is to improve the participant’s driving skills, not to achieve maximum speeds or best lap times.
10.1 The participant certifies that they hold a valid driver’s license for the relevant vehicle class and agrees to present it upon request by the organizer. The participant also certifies that the vehicle they are driving is either their property or that the owner consents to its participation in the event.
10.2 GEDLICH Racing GmbH reserves the right to exclude any participant who disregards the participation rules despite warnings from further participation in the course.
10.3 During training sessions on training grounds/tracks, wearing a helmet, fastening seat belts, and adhering to noise regulations as well as track rules are mandatory. GEDLICH Racing GmbH reserves the right to exclude any participant who violates these rules from further participation in the driving part of the event.
10.4 For safety reasons, participants must strictly follow the instructions of the instructors from GEDLICH Racing GmbH during the course. Violations of instructions, especially in cases where people or property are endangered, may result in the participant’s exclusion from the driving part of the event. It is expressly emphasized that the course is not intended for achieving maximum speeds or best lap times.
10.5 A strict ban on alcohol applies throughout the entire course! GEDLICH Racing GmbH reserves the right to exclude any participant suspected of impaired driving ability or unfitness to drive (e.g., due to alcohol, drugs, or medication) from the driving part of the event.
10.6 GEDLICH Racing GmbH reserves the right to postpone, terminate, or cancel the agreed course for significant safety reasons.
10.7 If the participant fails to attend or is excluded from the booked course for reasons within their control, there is no entitlement to a refund of the fee, and GEDLICH Racing GmbH retains its claim to the fee.
10.8 GEDLICH Racing GmbH and its vicarious agents are only liable for damages to a participant if the damage was caused intentionally or through gross negligence. This limitation of liability does not apply to damages arising from injury to the body, health, or life of a participant, provided they have followed the instructors’ instructions. Accompanying persons participate in the event at their own risk. Participation in exercises by accompanying persons is not permitted. The minimum age for accompanying persons is 12 years. Animals are not allowed in the entire training area. Parents are required to register their minor children with GEDLICH Racing GmbH in writing before entering the Ascari Race Resort. GEDLICH Racing GmbH is not liable for damages caused by participants to each other. Participants are liable for damages they cause to the racetrack (e.g., cleaning fees due to leaving the paved part of the track).
10.9 If, at the express request of a participant, an instructor from GEDLICH Racing GmbH drives the participant’s vehicle and damage occurs, GEDLICH Racing GmbH and the instructor are exempt from liability, regardless of the degree of fault. This does not apply in cases of gross negligence or intent.
10.10 Participants and accompanying persons agree that GEDLICH Racing GmbH may take photos, audio, and video recordings of the event. GEDLICH Racing GmbH is entitled to use this material free of charge, particularly for advertising purposes.
10.11 Participants are required to visibly attach the issued start numbers to their vehicles at the beginning of the event as instructed by GEDLICH Racing GmbH and to remove them from the vehicle after the event, or at the latest, when leaving the training area.
10.12 If a vehicle from GEDLICH Racing GmbH is provided for use and participation in the course, the following conditions apply: Any other use of the vehicle is prohibited. The details regarding the vehicle are subject to the statements and information in the handover protocol. The participant is required to handle the vehicle with care. The participant is liable for any damage to the vehicle, whether caused by fault or not, that occurs between the handover to the participant and its return. Wear-and-tear-related damage during normal use is excluded. The provided vehicle is covered by comprehensive insurance with a deductible. The amount of the deductible is specified on the GEDLICH Racing GmbH website for the respective event program and is indicated in the vehicle rental agreement and confirmed with the signature of the renter and the lessor. The participant is responsible for paying the deductible in the event of damage. If the vehicle is involved in an accident, GEDLICH Racing GmbH is not obligated to provide a replacement vehicle. If the provided vehicle fails due to a technical defect not caused by the participant, GEDLICH Racing GmbH will make efforts to provide a replacement vehicle. The participation and usage conditions of Markus GEDLICH – GEDLICH Racing GmbH – are known to me, accepted by me, and become part of the contract with my booking/signature.
10.13 Participation and usage conditions as well as the general terms and conditions (GTCs) and the cancellation policy are accepted by booking.
10.14 GEDLICH Racing GmbH acts as an intermediary in organizing travel, vehicle transportation, and accommodation and assumes no liability for services provided or not provided by partners and racetracks during the Endless Summer® season and driving programs. For booked hotel rooms, rental cars, and other additional travel services, GEDLICH Racing GmbH acts only as an intermediary and cannot be held responsible for services not provided or not satisfactorily provided by third parties. The contractual partner in these cases is the travel agency/online travel agency, the hotel, the airline, the car rental company, etc. In the case of vehicle transportation, the transporter acts as the direct contractual partner. GEDLICH Racing GmbH merely acts as an intermediary and assumes no liability for vehicle damage, non-performance of services, late delivery, or similar issues. For services provided by individual racetracks, the general terms and insurance conditions of all racetracks during the Endless Summer® season and driving programs apply. GEDLICH Racing GmbH acts only as an intermediary and assumes no liability for the accommodation of vehicles in garages or boxes during the Endless Summer® season at the respective racetracks; neither for the accommodation of vehicles nor for the storage of materials. There is no documentation of deliveries and pickups, and storage is at the participant’s own risk. The insurance conditions of all racetracks during the Endless Summer® season and driving programs are binding and must be observed. Prices for the booked service and services provided by all racetracks during the Endless Summer® season and driving programs are exclusive of the applicable VAT, as it is assumed that the customers are of a commercial nature. If the customer is a consumer, they are required to inform GEDLICH Racing GmbH of this in writing before booking. A price list including the currently applicable VAT of 19% in Germany is available for consumers. Driving on the track by minors (aged 16-17) is only permitted with a GEDLICH coach. Driving alone is strictly prohibited. The legal guardians of minors are fully liable for all material and personal damages. GEDLICH Racing GmbH assumes no liability, even if driving with a GEDLICH coach was permitted by GEDLICH Racing GmbH. The legal guardians assume full responsibility and liability for the minor and their actions by signing the liability waiver. Since GEDLICH Racing GmbH does not exclusively rent the premises of racetracks and other venues for events, there is no general access restriction for individuals. The customer is responsible for their property and its safekeeping. GEDLICH Racing GmbH assumes no liability. There are no claims for compensation in the event of damage, loss, or theft. This also applies to the safekeeping of vehicles on event premises.
11. Imprint
GEDLICH Racing GmbH
Mergenthaler Allee 15-21
D 65760 Frankfurt-Eschborn
Deutschland
Phone: +49 69 900 28 429
Mail: office@gedlich-racing.com
Web: www.gedlich-racing.com
Amtsgericht Frankfurt am Main, HRB 101843
USt-Id. Nr.: DE300580895, Steuernummer: 045 234 14038
Geschäftsführer: Markus Gedlich & Robin Selbach
Kreissparkasse Gross-Gerau
IBAN DE84508525530016090557 · BIC HELADEF1GRG
Revocation policy
Right of withdrawal for customers
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (GEDLICH Racing GmbH, Mergenthaler Allee 15-21, D 65760 Frankfurt-Eschborn, Germany, Email: office@gedlich-racing.com, Phone: +49 69 900 28 429) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). It is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. There is no right of withdrawal if the contract was concluded with a company or a person acting in the exercise of their commercial or self-employed professional activity.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you without delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract, provided that the participation in the booked event has not yet taken place. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for such reimbursement. We may refuse the reimbursement if the service has already been provided, as it pertains to participation in an event that cannot be undone.