Terms & Conditions HTA Circuit Booking, Inc. Applicable for contractual partners in the US.

Terms and Conditions

These General Terms & Conditions only apply for users based in the United States of America and Canada. User based outside of the US or Canada please switch to our non-US General Terms & Conditions.

General Terms & Conditions HTA Circuit Booking, Inc

First section: General provisions

§ 1 General - Scope

(1) These General Terms and Conditions set forth the terms and conditions under which the Services (as defined below) provided by HTA Circuit Booking, Inc., a Delaware Incorporation, with its principal place of business at 443 S. Mason, St. Louis, MO 63141 (referred to below as "circuit-booking.com" or "we" or "us"), offered on and through the Internet address http://www.circuit-booking.com (the "Site), can be used by you ("you" or "your" or "user").

(2) Only our General Terms and Conditions apply to the Site and the Services (as defined below). We do not acknowledge, and explicitly reject, any terms or conditions of the user of the Site, including, without limitation, any purchase orders or invoices, unless we have explicitly consented in writing to any modifications to these General Terms and Conditions.

(3) 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 and rented for temporary use by circuit operators (collectively, the "Services"). circuit-booking.com reserves the right to modify the Services at any time, with or without notice, and any additional Services may be subject to different and/or separate terms and conditions.

(4) All questions or complaints regarding these General Terms and Conditions can be submitted in writing to HTA Circuit Booking Inc., reference: circuit-booking.com, 443 S. Mason, St. Louis, MO 63141.

(5) THESE GENERAL TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND CIRCUIT-BOOKING.COM. BY CLICKING "I ACCEPT" OR USING THE SITE OR THE SERVICES, YOU ARE AGREEING ON BEHALF OF THE COMPANY USING THE SITE AND THE SERVICES THAT SUCH COMPANY WILL BE BOUND BY AND BECOME A PARTY TO THESE GENERAL TERMS AND CONDITIONS AND THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY. IF YOU DO NOT AGREE WITH ALL OF THESE GENERAL TERMS AND CONDITIONS, PLEASE DO NOT CLICK "I ACCEPT" AND DO NOT USE THE SITE OR THE SERVICES.

§ 2 Users, consent

(1) circuit-booking.com's Services are available only to companies.

(2) Use of the Services is subject to prior authorization as a user by circuit-booking.com. For this, the user must register with circuit-booking.com and provide all information required by circuit-booking.com during the registration process completely, accurately and correctly. Once the user has sent an application to circuit-booking.com, circuit-booking.com will process such application within a reasonable period of time from the date of receipt by circuitbooking.com. circuit-booking.com has the right, in circuit-booking.com's sole discretion, to approve or reject an application. If circuit-booking.com approves the user's application, then circuit-booking.com will send the user the relevant authorization in the form of an email.

(3) When registering, the user must choose a user name and a password. The user name must not infringe or violate any third-party rights or ethical principles (e.g., must not be defamatory, threatening, hateful, racially, ethnically, or otherwise offensive, explicit or obscene). The user undertakes to make sure that his password is not disclosed to unauthorised third parties. The user is responsible for maintaining the confidentiality of the user's password, and the user is responsible for all activities that occur using the user's password. If the user's password is lost, stolen or disclosed to an unauthorized third party or if the user suspects there has been an unauthorized use of the user's password, the user must notify circuit-booking.com immediately.

(4) Registration for the Site is free. The user has no entitlement to having authorization or continued authorization to access and use the Site and the Services. circuit-booking.com has the right, in circuit-booking.com's sole discretion, to revoke the user's authorization and to terminate the user's access to the Site at any time, without stating reasons or providing any notice, including, without limitation, specifically for any or all of the following reasons:

presumed false data submitted by the user when registering for the Site,
presumed or obvious misuse of the Services by the user,
damage to or functional impairment of the Site or the Services by the user, or
any other violation of these General Terms and Conditions.
In addition to circuit-booking.com's right to terminate the user's authorization and access to the Site, circuit-booking.com explicitly reserves the right to assert damage claims arising out of or related to the use of the Site or the Services by the user prior to such termination. Any user whose authorization 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.

(5) A user may retract the user's application for authorization or deactivate the user's account at any time by notifying circuit-booking.com in writing at the address stated above in § 1 (4). Upon circuit-booking.com's receipt of notice to cancel a user account, circuit-booking.com requires a reasonable amount of time to process the request from the date of receipt of notice.

(6) You agree that circuit-booking.com may store and use any personal information that you provide to us for use in processing your order for applications, billing fees to your credit or debit card and as otherwise permitted under applicable law. Please refer to our Privacy Policy (http://www.circuit-booking.com/privacy.php) (the "Privacy Policy") for more information regarding circuit-booking.com's collection, use and storage of your personal information that you provide to circuit-booking.com. You hereby agree that we may use the personal information that you provide to circuit-booking.com in accordance with the terms of the Privacy Policy.

§ 3 Rights of users; Restrictions

(1) Subject to the terms and conditions of these General Terms and Conditions, the user hereby receives a non-exclusive, non-transferable, personal right to access and use, limited to the term of the business relationship and to the use of the Site and the Services and use the content, information, text, images, graphics, user and visual interfaces, applications, software, and other materials displayed thereon and therein (collectively, the "Content") solely for your personal use or internal business purposes You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use any portion of the Site, the Service or any Content except as expressly set forth in these General Terms and Conditions. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of these General Terms and Conditions, your authorization to use the Site, the Service and all Content automatically terminates without notice to you, and you must immediately destroy any copies of the Content in your possession.(4) You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site, the Service or any Content or otherwise attempt to gain unauthorized access to any portion or feature of the Site, the Service or any Content or any other systems or networks connected to the Site, or to any server of circuit-booking.com or its third party service providers, by hacking, password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site, the Service or any Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or the Service, or with any other person's use of the Site or the Service; (d) breach any security measures implemented on the Site or the Service or in any of the Content; (e) track or seek to trace any information on any other person who visits the Site or the Service; (f) use the Site, the Service or any Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these General Terms and Conditions or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (g) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site, the Service or any Content, or otherwise made available to you in connection with the Site, the Service or any Content.

(2) Except as expressly otherwise stated in these General Terms and Conditions, circuit-booking.com does not grant the user any license to any of circuit-booking.com's intellectual property rights, including, without limitation, copyright or trademark rights. The rights granted to you in these General Terms and Conditions only apply to the Services on this Site, and these General Terms and Conditions do not give you any rights or license to any other products or services that circuit-booking.com currently offers or may offer in the future.

(3) Certain information and other content on the Site may be provided by third party licensors and suppliers to circuit-booking.com, such as user product catalogues ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your internal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. All ownership of the Third Party Content remains with the third party owner.

Second section: Online booking procedure

§ 4 Rental & reservation of circuit days

(1) As part of the Services, circuit-booking.com offers all users of the Site, under the terms of these General Terms and Conditions, a booking platform through which users can rent or reserve or offer for rental, for a defined period of time, one or several circuit days at a specific race circuit as well as book certain associated services (collectively referred to herein as "Circuit Days"), all for a fixed price. The Circuit Days booked via the Site must not be used for public racing events attended by spectators.

(2) If approved by the applicable circuit operator, the user has the option of reserving instead of actually booking Circuit Days. Reservations are free-of-charge and can be converted to a binding rental at any time. For the purposes of these General Terms and Conditions, "binding rental" means that the user selects the "Booking" option instead of the "Reservation" option during the booking process and accepts the terms and conditions of these General Terms and Conditions. Circuit Days can also be reserved by several users, provided that priority will be given to each user accordingly based on the time of day and date when such user reserved the Circuit Day through the Site. If reserved Circuit Days, or parts of reserved Circuit Days, are requested by a third party for binding rental, the reservation holder with the highest priority will be notified by email about such rental request and will be allowed 48 hours from the time the email was sent by circuit-booking.com to convert the user's reservation into a binding rental. If the reservation holder with the highest priority converts the reservation into a binding rental, the rental contract will be concluded with the reservation holder with the highest priority, i.e. the user who submitted the reservation before the others. If the reservation holder fails to convert the reservation to a binding 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

(1) The user acknowledges and agrees that the terms and conditions of the circuit operator who is offering the applicable Circuit Day will govern the provision of the Circuit Days and the user's use of the race circuit (a "Rental Contract"). A Rental Contract, entered into pursuant to § 4 when the user makes a binding rental, is entered into directly between the circuit operator and the applicable user. circuit-booking.com is not party to these Rental Contracts. The Services and the Site are only a venue to facilitate the user's and circuit operator's managing the reservation of, and payment for, the rental of Circuit Days. circuit-booking.com shall not be responsible for or liable to any user of the Site, whether a renter or circuit operator, for any of the foregoing: (i) a renter's or circuit operator's breach of the Rental Contract (or any documents referenced therein), (ii) the operation or maintenance of the applicable race circuit and/or the performance of Circuit Days, or (iii) a renter's use of the race circuit or any Circuit Days.

(2) circuit-booking.com notifies the parties that the Rental Contract has been concluded within a reasonable period of time upon the signed originals being received by circuit-booking.com by sending an email to the relevant email addresses as stated.

(3) When the Rental Contract is entered into by you and the applicable circuit operator, the terms and conditions of the Rental Contract apply to you in addition to these General Terms and Conditions. These Rental Contracts normally sets out the payment terms and the terms and conditions governing the use of the race circuit and performance of the Circuit Days. The terms and conditions of the applicable Rental Contract can be viewed on the Site during the booking process and must be accepted by you, as the renter, prior to completing a binding rental through the Services.

§ 6 Fees

circuit-booking.com does not charge users of the Site for the booking procedure. The users pay to circuit-booking.com only the fees stated for Circuit Days specified during the booking process through the Services.

§ 7 Terms of payment

The payment terms are set out in, and governed by, the applicable Rental Contract.

§ 8 Cancellation

(1) Cancellation is governed by the terms and conditions of the applicable circuit operator's Rental Contract.

(2) In case of a cancellation by either party to a Rental Agreement, the amount of the cancellation fee and any terms and conditions related to the payment or reimbursement, if any, of cancellation fees shall be governed by the terms and conditions of the relevant circuit operator's Rental Contract. The renter may be reimbursed with part of a cancellation fee if the cancelled Circuit Days can be successfully re-rented (i.e., booked and paid for by a third party via the Service and payments from such re-rental are made to circuit-booking.com), provided that the applicable rental price for the re-rented Circuit Day must not be less than the difference between the cancellation fee and the original price to be paid by the renter. Were the applicable Circuit Day or Circuit Days successfully re-rented and this reduces the loss incurred by the circuit operator as a result of the cancellation, the applicable circuit operator will directly reimburse the cancellation fee to the user, subject to the following conditions:

The amount for which the renter originally booked is to be deducted from the sum of the cancellation fee and the price paid by the third party who successfully re-rents the applicable Circuit Day. The amount thus determined represents the gross additional proceeds for the applicable circuit operator recuperated by the second booking. The applicable circuit operator 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 renter, provided he or she has paid the due cancellation fee in full.

§ 9 Third Party Websites

The Site provides links to third party websites that are not owned or controlled by circuit-booking.com ("Third Party Sites"). We provide such links solely as a convenience to you, and circuit-booking.com does not review, approve, endorse, or make any representations about, or take responsibility for such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services, including, without limitation, the products or services made available and/or sold through such Third Party Sites. The Third Party Sites linked to this Site have different privacy policies and terms and conditions and business practices than circuit-booking.com. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted on or through such Third Party Sites and your interactions and dealings with the companies or persons who own and/or operate them. YOU AGREE THAT CIRCUIT-BOOKING.COM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS, GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication or organization of any third party does not constitute or imply circuit-booking.com's endorsement or recommendation.

§ 10 Warranty Disclaimer

(1) circuit-booking.com is not party to the Rental Contracts concluded between renters and circuit operators as part of online bookings on the Site. As a result, circuit-booking.com assumes no liability for the Circuit Days offered by circuit operators. This applies in particular for the availability of Circuit Days, about which circuit-booking.com is informed by the applicable circuit operators. In this regard, circuit-booking.com simply forwards information made available to circuit-booking.com by the applicable circuit operator. Circuit-booking.com is not liable to renters should they receive incorrect details about the race circuit, Circuit Days and/or if the circuit operator double books any given Circuit Day in violation of its contractual obligations to circuit-booking.com. (2) In addition, circuit-booking.com does not screen any information submitted by other users of the Site, including renters, in connection with the Site and the Services and circuit-booking.com does not have control over or guarantee
the quality, suitability, truth, accuracy, completeness, timeliness, safety or legality of the information, data and/or explanations provided by users of the Site and the Service, including the circuit operators and renters; and
the identity, reliability, willingness and capability, or the general conduct of the relevant parties to any Rental Contract.
(2) Actions by circuit-booking.com against individual users due to misuse of the Site or the Services are taken exclusively in circuit-booking.com's own legal and commercial interests, and also as part of meeting legal obligations of circuit-booking.com... Any disputes between users of the Site and the Service remain solely between such users. You acknowledge and agree that circuit-booking.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. In the event that you have a dispute with one or more users of the Site or the Service, you release the Circuit-booking.com Parties (as defined below in § 10(6)) from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related with such dispute.(4) 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 assumes no liability for any damages or losses 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 bookings due to technical defects.

(3) circuit-booking.com is not liable for damage sustained by users or third parties through the conduct of other users. A user of the Site and the Services assumes all risks associated with dealing with other users of the Site and the Services, including any and all renters and circuit operators with whom you come in contact through the Site and/or the Services. circuit-booking shall not be responsible for any loss or damage of any kind incurred as a result of any such interactions and/or dealings.

(4) THE SITE, SERVICE, CONTENT AND THIRD PARTY CONTENT ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. CIRCUIT-BOOKING.COM, ON BEHALF OF ITSELF AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "CIRCUIT-BOOKING.COM PARTIES"): (A) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE, CONTENT OR THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE, SERVICE, CONTENT OR THIRD PARTY CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE OR FREE FROM DEFECTS, VIRUSES, INTERFERENCE, HACKING, LOSS, OR CORRUPTION; (C) DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICE, CONTENT OR THIRD PARTY CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE, CONTENT OR THIRD PARTY CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, SERVICE, CONTENT AND THIRD PARTY CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICE, CONTENT AND THIRD PARTY CONTENT. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE CIRCUIT-BOOKING.COM PARTIES' WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

§ 11 Limitation of Liability

(1) IN NO EVENT SHALL ANY CIRCUIT-BOOKING.COM PARTIES PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SITE, SERVICE, CONTENT OR THIRD PARTY CONTENT, OR ANY LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A CIRCUIT-BOOKING.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(2) IF, NOTWITHSTANDING THE FOREGOING, A CIRCUIT-BOOKING.COM PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE, CONTENT OR THIRD PARTY CONTENT, THE RELEVANT CIRCUIT-BOOKING.COM PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID CIRCUIT-BOOKING.COM FOR THE SPECIFIC BOOKING TRANSACTION GIVING RISE TO THE LIABILITY.

(3) NOTHING IN THIS SECTION 11 SHALL EXCLUDE OR LIMIT ANY CIRCUIT-BOOKING.COM PARTY'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH CIRCUIT-BOOKING.COM PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

§ 12 Unauthorized Activities

You shall indemnify and hold the Circuit-booking.com Parties harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) any Circuit-booking.com Party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your or any person using your user account and/or password (including, without limitation, passwords issued in connection to a circuit operator's account) use of the Site and/or the Services (including any content therein or thereon): (i) breaches these General Terms and Conditions, or (ii) infringes, misappropriates or violates the any applicable law, rule or regulation (including, without limitation, any intellectual property rights).

Third section: Final clauses

§ 13 Electronic Communications

Whenever you visit the Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on the Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

§ 14 Arbitration

Except for the right of circuit.booking.com to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary or permanent injunction, or other equitable relief related to the projection of right of circuit.booking.com's intellectual property rights or confidential information, all disputes between you and right of circuit.booking.com relating to or arising from these General Terms and Conditions in any way will be arbitrated according to the rules of the American Arbitration Association (AAA) in Wilmington, Delaware, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrator, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of these General Terms and Conditions, including any contention that all or part of these General Terms and Conditions are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrator. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrator determines, in the arbitrator's sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, and (ii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys' fees. The proceeding and the decision shall be kept confidential by the parties. The arbitration award may be enforced in any court having jurisdiction over the parties and the subject matter of the arbitration.

§ 15 Choice of law

These General Terms and Conditions are governed by the laws of the State of Delaware, without reference to its conflicts of laws principles. The United Nations Convention on International Sale of Goods in its entirety shall not apply.

§ 16 Amendments

circuit-booking.com reserves the right to amend these General Terms and Conditions at any time. When circuit-booking.com makes changes to the General Terms and Conditions, we will post the updated General Terms and Conditions on the Site and circuit-booking.com will notify all registered users by email. We encourage you to review our General Terms and Conditions whenever you visit the Site. By continuing to access and use the Site after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes. If you object to any of the changes, you shall no longer be authorized to use the Site and the Service and you shall immediately deactivate your account and cease your use of the Site and the Service. The Rental Contracts entered into by you prior to the effective date of termination of your account shall continue to be governed by the previous version of the General Terms and Conditions.

§ 17 Miscellaneous

These General Terms and Conditions and the Privacy Policy constitute the entire agreement between you and circuit-booking.com regarding you use of the Site the Service. Circuit-booking.com will not be responsible for failures to fulfil any of its obligations due to causes beyond its control. The failure of circuit-booking.com to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision. If any part of these General Terms and Conditions are held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these General Terms and Conditions, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. These General Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Circuit-booking.com Party shall be a third party beneficiary hereunder. circuit-booking.com may assign or transfer its rights, or delegate any performance, under these General Terms and Conditions to a third party in its sole discretion. You may not assign or otherwise transfer its rights, or delegate its performance, under these General Terms and Conditions to any third party without in each and every case, circuit-booking.com's express prior written consent. All terms which by their nature are intended to survive any termination of these General Terms and Conditions, or any termination of your use of the Site and the Service shall survive such termination.

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