Speer Racing

General Terms and Conditions of Speer Racing GmbH (‘organiser’), Wannweiler Strasse 65, 72770 Reutlingen, Germany. Effective April 2011.

1.    Scope
These terms and conditions apply to all agreements relating to the organisation and execution of events, training sessions (riding safety, getting started, instructor-led training, sports rider training, Monday training, race training, the Euro Cup, the Regio Cup, Tony Mang Training, Gunti Racing) as well as all services related to these events supplied by Speer Racing GmbH and its contractual partners (Tony Mang Training, Gunti Racing, Switzerland). Terms and conditions of the customer (‘participant’ or ‘rider’) are only applicable if these have been expressly agreed in advance.

2.    Contractual agreement, contract content and cancellation by organiser
Contracts are not valid until Speer Racing GmbH has accepted or confirmed them in writing to the participant. The scope of contractually agreed services is binding and is limited to those services specified in the outline of services in the offer for the duration of the event, as well as the related details specified on the event confirmation/invoice. Brochures and leaflets produced separately by hotels or other service providers have no bearing on the scope of Speer Racing GmbH services. Employees of Speer Racing GmbH are not authorised to enter into alternative verbal agreements.

The organiser may withdraw from a contract at any point due to force majeure, extreme weather conditions, track operator cancellation, a failure to reach the minimum number of participants, or any other important reason. In the event of cancellation, the participant is entitled to a refund of the event fee minus an administrative fee of 15 euros. No further claims may be made by the participant to the organiser, unless resulting from deliberate or grossly negligent action on behalf of the organiser or its agents. The organiser cannot be held responsible for lost time on the track resulting from a fall, a crash, other driving restrictions, vehicle damage or adverse weather conditions. Under such circumstances, the participant is not entitled to a refund (either whole or partial) of the event fee.

3.  Payment options and deadlines
Authorised third-party direct debit: The participant authorises their bank to allow Speer Racing GmbH to make a one-time deduction from their account, covering the event fee plus the cost of any other booked services.

Bank transfer: The participant transfers the event fee plus the cost of any other booked services to the account of Speer Racing GmbH (without reminder by the organiser) by the stated deadline.

Cheque: Cheques should be included with the registration form. Speer Racing GmbH will pay in the cheque within the stated period. Cheques from banks outside Germany are subject to a banking fee of 15 euros.

Cash payments: Cash payments must be made by the stated deadline.

On confirmation of registration, the participant is obliged to pay the arranged fee plus the cost of any other booked services by the stated deadline. The fee plus the costs of any other booked services are due two months before the event begins. Under certain circumstances, which will be communicated in advance by the organiser, Speer Racing GmbH reserves the right to request pay three months before an event. If a participant registers after this deadline has elapsed, then the fee must be paid immediately. If payment is not received by the stated deadline, Speer Racing reserves the right to cancel an event booking or withdraw from the contract without further demand of payment.

4.  Cancellation
Once participation in an event has been booked and confirmed, it may only be cancelled in writing or by sending an email to Speer Racing GmbH.

If participation in an event is cancelled four to eight before the event is due to begin, the cancellation fee is 20 euros. If participation in an event is cancelled two to four weeks before the event is due to begin, the cancellation fee is 40 euros. If participation in an event is cancelled less than two weeks before the event is due to begin, the cancellation fee is the full participation fee, even if it has not yet been paid in full. If the participant can name a replacement rider for the cancelled event, the cancellation fee is 40 euros.

5.  Liability disclaimer
The participant takes part in a Speer Racing GmbH event entirely at his or her own risk.

In keeping with civil and penal law, the participant has sole responsibility for any damage that they cause or their vehicle causes, unless otherwise indicated in these general terms and conditions.

By registering for an event, the rider waives the right to make any claims for damages resulting from an event, be this against the organiser, race stewards, medical personnel, the race track owner, sponsors, racing services or other parties involved in the organisation of the event, including the organiser’s agents and persons contracted by the organiser within its obligations.

This disclaimer does not apply to damages arising from injury to life, limb or health resulting from a deliberate or grossly negligent breach of obligation, including breaches by legal representatives/the organiser’s agents who are otherwise absolved of obligation. Nor does it apply to any other damages resulting from a deliberate or grossly negligent breach of obligation, including breaches by legal representatives or the organiser’s agents who are otherwise absolved of obligation.

The rider waives any claims against other participants – riders, passengers, the organiser’s agents, owners or keepers of other vehicles – of any nature resulting from training sessions or competitions. This does not apply to damages arising from injury to life, limb or health resulting from a deliberate or grossly negligent breach of obligation, including breaches by legal representatives/the organiser’s agents who are otherwise absolved of obligation. Nor does it apply to any other damages resulting from a deliberate or grossly negligent breach of obligation, including breaches by legal representatives or the organiser’s agents who are otherwise absolved of obligation.

The rider is responsible to the event organiser for ensuring that he or she is the only person permitted to drive the vehicle he or she has registered for the event.

The rider is responsible for organising sufficient insurance cover (vehicle, private liability, health insurance).

6.  Technical specifications and protective clothing
The rider must wear protective clothing as required (undamaged full face helmet, protective two-piece leather suit, leather boots and leather gloves) as well as a back protector (if not already integrated into the protective suit). If a rider turns up to an event without protective clothing suitable for the race track, he or she may be excluded from the event without the right to a refund (either whole or partial). Mirrors, trunks and other protruding bike fittings must be removed by the participant before the start of the event.

Sharp edges (such as sawn-off tubes) are forbidden and must be removed. Indicators and mirrors must be removed. Headlights, rear lights and brake lights must be completely covered up with non-transparent tape. There are no regulations covering the type of exhaust system. Vehicle noise must not exceed the limit for the track. The noise when riding must adhere to the noise limit laid down by the track owners. The rider number must be attached to the front of the motorcycle so it is clearly visible.

At all events involving racing, the oil drain screw must also be secured with wire, and the cooling system must only contain pure water (no antifreeze). The event organiser reserves the right to exclude vehicles from events if they do not meet the required technical specifications. Riders are not entitled to a refund or a reduction in the participation fee if they fail to adhere to requirements.

The participant must follow the instructions of Speer Racing GmbH staff and the race track operator for the duration of the event. The participant is obliged to attend the riders’ briefings. Failure to attend may result in the participant being barred from the event by the organiser, without the right to a refund or a reduction in the fee. The organiser cannot be held responsible for the condition of the race track and its facilities. During events, the rider must not endanger other participants through his or her actions. Bikes must be ridden at a walking pace throughout the entire paddock and box area. It is strictly forbidden to stop on the track, for whatever reason. Training sessions often involve riders of different abilities, so riders must be attentive at all times and show consideration for others.

No alcohol may be consumed for the duration of the event (0.0% blood alcohol content). Anyone who consumes alcohol, drugs or medication which affects their ability to ride is forbidden from riding for the whole day. This rule must be adhered to at all times to ensure safety. In the event of a violation, Speer Racing GmbH reserves the right to bar participants from the entire event. Riders are not entitled to a refund or a reduction in the participation fee if they fail to adhere to this requirement.

7.  Photography
Speer Racing GmbH reserves the right to publish photographs and video footage of riders participating in events and people accompanying riders without further permission. This applies in particular to the Speer Racing GmbH Facebook page, where pictures may be uploaded for public access and viewing. By agreeing to participate in an event, the rider waives the validity of applicable copyright law (Section 22 of the German Kunsturheberrechtsgesetz).

8.  Miscellaneous
Electronic data submitted by participants may be stored and processed on computers at Speer Racing GmbH and its business partners.

9.  Final provisions
Zahlungsort ist der Sitz der Speer Racing GmbH, Reutlingen.     

Payments must be made to the Speer Racing GmbH office in Reutlingen.

The sole court of jurisdiction, including for disputes relating to cheque payments and other transactions pertaining to commercial dealings, is in Reutlingen, where Speer Racing GmbH is based. Insofar as a sub-contractor fulfils the requirements of Section 38, Paragraph 1 of the German Code of Civil Procedure (ZPO) and is not governed by general court of jurisdiction in Germany, the court of jurisdiction is Reutlingen.

Contracts are subject to German jurisdiction with the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of a mutual trade contract, the sole court of jurisdiction is Reutlingen, where Speer Racing GmbH is based.

Should any of the provisions of these terms and conditions become void or include an omission, this does not affect the validity of the remaining provisions. In such circumstances, the contractual parties are obliged to replace invalid provisions with alternative provisions that meet the commercial requirements of the invalid provisions as closely as possible, or which rectify the omission.

Speer Racing GmbH, Wannweiler Strasse 65, 72770 Reutlingen, Germany

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