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General Terms & Conditions HTA Circuit Booking GmbH
First section: General provisions
§ 1 General - Scope
- These General Terms and Conditions include the basic rules under which the services provided by HTA Circuit Booking GmbH, Rankestrasse 6a, D-80796 Munich (referred to below as "circuit-booking.com"), offered from the Internet address http://www.circuit-booking.com, can be used.
- Only our General Terms and Conditions apply. We do not acknowledge any conditions of the user that stand contrary to or deviate from our General Terms and Conditions unless we have explicitly consented to the validity of such.
- The services offered by circuit-booking.com include the provision of a trading platform on which race circuits and associated services of all types (e.g. pit facility, meeting rooms, marshals, circuit safety or ambulances) can be offered especially in the form of online auctions and rented for temporary use by circuit operators. circuit-booking.com reserves the right to expand or add to its services and create any separate usage conditions thus required.
- All questions or complaints regarding these General Terms and Conditions can be submitted in writing to HTA Circuit Booking GmbH, reference: circuit-booking.com, Rankestrasse 6a, D-80796 Munich.
§ 2 Users, consent
- circuit-booking.com services are available only to companies.
- Use of circuit-booking.com services is subject to prior authorisation as a user by circuit-booking.com. For this, the user must register with circuit-booking.com and provide the data requested by circuit-booking.com completely and correctly. Details are given during the registration procedure. By sending an application to circuit-booking.com, the user consents to these General Terms and Conditions. The user will then receive the relevant authorisation in the form of an email.
- When registering, the user must choose a user name and a password. The user name must not violate third-party rights or infringe ethical principles. The user undertakes to make sure that his password is not disclosed to unauthorised third parties. Should this nevertheless happen or if the user suspects it has happened, the user must notify circuit-booking.com immediately.
- Authorisation is free. The user has no entitlement to authorisation. circuit-booking.com has the right, without stating reasons, although specifically for
- presumed false data when registering,
- presumed or obvious misuse of circuit-booking.com services,
- damage to or functional impairment of circuit-booking.com services
- other violations of these General Terms and Conditions
- to revoke the authorisation without prior notification at any time. circuit-booking.com explicitly reserves the right to assert damage claims. Any user whose authorisation has been revoked must not sign up again as a user at circuit-booking.com unless circuit-booking.com has issued its prior consent to re-registration.
- Each user is entitled to retract his application at any time with effect for the future. He must notify circuit-booking.com in writing accordingly at the address stated in § 1 (4).
§ 3 Rights of use
- The rights of users are limited to the use of circuit-booking.com services for their intended purpose. circuit-booking.com can expand or reduce its services at any time. Unless expressly otherwise stated in these General Terms and Conditions, circuit-booking.com does not grant the user any copyright or other trade mark rights. This includes in particular all current and future websites of circuit-booking.com, the circuit-booking.com software, as well as the associated documentation and operating manuals.
- Copyrights, rights of protection or other third party rights accessed via the services of circuit-booking.com through links or otherwise, such as user product catalogues, for example, remain with the title holder in full and enjoy the appropriate protection.
- Where circuit-booking.com provides the user with software, the user shall receive a non-transferable right of use, limited to the term of the business relationship and to the use of the circuit-booking.com services for their intended purpose.
Second section: Online booking procedure
§ 4 Rental & reservation of circuit days
- As part of its services, circuit-booking.com offers all users, under the terms of these General Terms and Conditions, the option of renting or reserving one or several circuit days or sub-renting parts of a booked circuit day to third parties. circuit-booking.com thus provides its users with a trading platform from which it can rent, or offer for a defined period, circuits and the associated services (referred to below as "Circuit Days") in return for a fixed price. The circuit days booked via the circuit-booking.com trading platform must not be used for public racing events attended by spectators.
- If approved in the relevant offer, the user has the option of reserving instead of actually renting circuit days. Reservations are free-of-charge and can in principle be converted to a binding rental at any time. Circuit days can also be reserved by several users, with the priority principle applying among those users. If reserved circuit days or parts of reserved circuit days are requested by third-parties for binding hire, the reservation holder with the highest priority with be notified immediately by email about such requests and will be allowed 48 hours from receipt of the email to confirm whether the reservation is to be converted into a hire. If the reservation holder with the highest priority converts the reservation into a hire, the rental contract will be concluded with the reservation holder with the highest priority, i.e. the one who submitted the reservation before the others. If the reservation holder fails to convert to a rental within the aforementioned 48 hours, a rental contract will be concluded with the third-party that submitted the binding rental request.
§ 5 Contract conclusion & processing
- A rental contract pursuant to § 4 is only ever concluded directly between the circuit operator and the user concerned. circuit-booking.com is not party to these contracts. It simply transmits, as the facilitator, all legally significant declarations of the parties and accepts the payments for the circuit operator in question.
- circuit-booking.com notifies the parties that the contract has been concluded at the end of the offer period by sending an email to the relevant email addresses as stated.
- When the contract is concluded, the General Terms and Conditions of the circuit operator concerned (referred to below as "Circuit GTCs") apply in addition to these General Terms and Conditions. These Circuit GTCs normally set out the payment modalities and the use of the circuit. They can be viewed at circuit-booking.com prior to an offer being submitted. By renting circuit days, the user accepts the applicable Circuit GTCs.
§ 6 Fees
- circuit-booking.com does not charge bidders for the booking procedure. The users pay to circuit-booking.com only the rental price stated in the offer.
- Credits ensuing from start credits, referral credits, bidding bonuses or gift coupons or bonuses etc., cannot be redeemed for cash. Only the credit paid in by the user himself can be reclaimed.
§ 7 Terms of payment
The payment terms are set out in the applicable Circuit GTCs.
§ 8 Cancellation & sub-renting
- Cancellation or sub-renting is possible only in accordance with the conditions of the circuit operator concerned.
- In case of a cancellation by the customer, the amount of the cancellation fee will depend on the conditions of the relevant circuit operator. The customer may be reimbursed with part of the cancellation fee if the cancelled circuit days can be successfully re-rented via the circuit-booking.com trading platform and payments from such re-rental are made to circuit-booking.com. When cancelled circuit days are returned to the trading platform, the minimum offer price must not be less than the difference between the cancellation fee and the original price to be paid by the customer. Where the circuit day or days concerned are booked and paid for by a third party and this reduces the loss incurred by the circuit operator as a result of the cancellation, circuit-booking.com will reimburse the customer, on behalf of and for the account of the circuit operator concerned, with the cancellation fee, depending on the amount of the loss on the following proviso:
- The amount for which the customer originally booked is to be deducted from the sum of the cancellation fee and the price paid by the third party. The amount thus determined represents the gross additional proceeds for the circuit operator concerned recuperated by the second booking. The circuit operator concerned is entitled to 30% of these gross additional proceeds to offset the extra expenditure incurred by the second booking and the associated third-party costs.
- 70% of the gross additional proceeds will be reimbursed to the customer, provided he has paid the due cancellation fee in full.
- Parts of a booked circuit day can be sub-rented via the circuit-booking.com trading system. The associated costs for the bidder can be found in the current price list of circuit-booking.com. In all other cases, including in the case of sub-renting, the rules of these General Terms and Conditions apply, subject to (i) a sub-rental contract being concluded between the user that has rented the circuit date concerned and the sub-renting user and (ii) the sub-rental payment only being able to be made via the circuit-booking.com trading system.
§ 9 Guarantee / liability
- circuit-booking.com is not party to the contracts concluded as part of online bookings. As a result, circuit-booking.com assumes no liability for the circuit days offered there. This applies in particular for the availability of circuit days, about which circuit-booking.com is continuously informed by the circuits concerned. In this regard, circuit-booking.com simply forwards availability information from the circuit. It is not liable to users should they receive incorrect details about the circuit or the circuit operator assigns the circuit day elsewhere contrary to the contractual regulations with circuit-booking.com.
- circuit-booking.com does not guarantee
- the accuracy and completeness of the data and explanations provided by the circuit operators and/or sub-renters and
- the identity, reliability, willingness and capability, or the general conduct of the relevant parties to the rental contract.
- Actions by circuit-booking.com against individual users due to misuse of the platform are taken exclusively in its own legal and commercial interests, and also as part of meeting legal obligations of circuit-booking.com. This does not give rise to any entitlement for the individual users.
- According to the current state of technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely error-free and rule out every imponderable in connection with the Internet as a medium (referred to below in short as "technical defects"). circuit-booking.com therefore provides no guarantee of continuous, uninterrupted availability of its websites and technical systems. Neither does circuit-booking.com assume any liability for loss incurred by users or third parties as a result of using circuit-booking.com services. Specifically, circuit-booking.com is not liable for any loss brought about by the failure to fully present circuit days or parts thereof as offered as part of online auctions due to technical defects.
- circuit-booking.com is not liable for damage sustained by users or third parties through the conduct of other users.
- Furthermore, circuit-booking.com is liable only for loss caused by a deliberate or grossly negligent breach of contract by circuit-booking.com, its legal representatives and agents. This also applies for loss ensuing from a breach of obligations during contractual negotiations and also from carrying out inadmissible actions. The limited liability, however, does not apply for loss ensuing from injuries to life, body or health, which are based on a deliberate or negligent breach of obligation - including on the part of a legal representative or agent of the exempted persons. If key contractual obligations are infringed, circuit-booking.com shall be liable if it is held to blame. Apart from intent or gross negligence, circuit-booking.com shall not however be liable for indirect loss, specifically not for lost profit. In this case, the liability amount is limited to the loss that was typically foreseeable on conclusion of the contract.
- Where circuit-booking.com is insured against the aforementioned loss, circuit-booking.com can also assign any insurance claims to the claimant.
- No other claims against circuit-booking.com shall be recognised. Mandatory legal conditions, however, that establish a further liability of circuit-booking.com, remain unaffected.
Third section: Final clauses
§ 10 Choice of law
The use of circuit-booking.com services, especially the holding of all online auctions and these General Terms and Conditions are governed by German law. The UN Purchase Contract Law shall not be applied.
§ 11 Amendments
circuit-booking.com reserves the right to amend these General Terms and Conditions at any time. circuit-booking.com will notify all users immediately by email. If a user fails to object to the amendments to the General Terms and Conditions within two weeks of receiving the amendment notice via communication to the address stated under § 1 (4), the amended General Terms and Conditions are deemed accepted by the user concerned. If a user objects to the amendments, circuit-booking.com shall revoke his registration. circuit-booking.com will advise the user of these circumstances in connection with an amendment to the General Terms and Conditions in the amendment notice. The auctions started or bids submitted at the time of the amendment shall continue to be governed by the previous version of the General Terms and Conditions.
§ 12 Place of jurisdiction, severability clause
- The exclusive place of jurisdiction is Munich.
- Should individual provisions of these General Terms and Conditions be or become legally ineffective, either in whole or part, the General Terms and Conditions as a whole shall remain unaffected. The ineffective regulation shall be replaced by the legal provisions. The same applies insofar as the General Terms and Conditions contain an unforeseen loophole.