Terms and conditions for the Porsche Leipzig GmbH event programmes
Valid from: 17.02.2017
These terms and conditions apply to the event programmes, including orders placed in the form of vouchers, of Porsche Leipzig GmbH (referred to below as PLG). The terms and conditions of the ordering party will not apply, even if they are not expressly rejected.
a) All PLG offers are subject to confirmation. Registration is to be effected exclusively using the PLG print or online form (www.porsche-leipzig.com).
b) The contract for participation in the event programme comes into effect as soon as PLG confirms the ordering party's registration in writing, or issues an invoice to the ordering party.
c) PLG and the ordering party may agree individual options in relation to specific event dates. The arrangements for the option which are agreed will be binding on both parties. If the ordering party fails to make use of the option, PLG reserves the right to assign the reserved dates to a different ordering party.
a) The PLG price list which is applicable at the time of the order or registration will apply. All prices are stated in euros and include the applicable rate of VAT. Tours of the factory which are implemented in connection with the event programme are already contained in the listed prices.
b) In the case of online reservations the payment options indicated in the online shop are available. c) In other respects the amounts indicated in the confirmation of order/invoice will be payable without deduction within 14 days from receipt of invoice. Payment is to be made to the specified bank account indicating the relevant invoice number. If payment is not made within the specified period the ordering party will be in arrears.
d) PLG will have the right to make a charge of €4 per reminder for the cost of the reminder process once the ordering party is in arrears.
e) In the case of reservations made from outside of Germany, payment will always be by credit card or, at the discretion of PLG, in cash immediately before the start of the relevant part of the event programme.
f) In those cases where it is not possible to invoice a domestic ordering party in good time and payment cannot be guaranteed before the start of the relevant part of the event programme, PLG will have the right at its own discretion to enable payment by credit card or cash on delivery, or in cash immediately before the start of the relevant part of the event programme.
g) PLG will have the right to exclude from the event programme the ordering party or third parties who participate in the programme on behalf of the ordering party, if the invoice amount has not been paid in full at the start of the relevant part of the event programme.
a) Vouchers for the event programme are not sent out until the relevant invoice amount has been credited to PLG.
b) The invoice amount for vouchers for the event programme on a specific date has to be received by PLG at the latest 7 working days before the start of the relevant part of the event programme. If this is not implemented it cannot be guaranteed that vouchers can be delivered in good time by PLG.
c) The voucher can only be redeemed in relation to the PLG event programme. Vouchers can only be redeemed via PLG and on presentation of the original voucher.
d) If a voucher is ordered for a part of the event programme on a specific date (date of redemption), the voucher must be redeemed on the specific date of redemption. In other respects vouchers must be redeemed within 3 years from the end of the calendar year in which they are issued. After that the vouchers will become null and void, without any obligation on the part of PLG to refund them.
e) Vouchers which are issued for a specific category of the event programme will have the value of the price of the event programme (the voucher amount) which is valid on the issue date for the voucher. If the price list is changed, the voucher amount will be offset in full against the new price of the event programme.
f) The voucher amount will be set off against the current price of the event programme. If the voucher amount is lower than the price of the event programme, the ordering party will be invoiced for the balance.
g) A payment in cash or refund of the voucher amount to the ordering party is excluded under normal circumstances.
h) In the event of a withdrawal from events which have been booked by means of vouchers, the following withdrawal fees will apply instead of § 6c:
• Withdrawal up to 3 working days before the event programme is free of charge. The voucher retains its validity.
• If the withdrawal is made within 3 working days before the date of the event programme, the voucher will become null and void. In other respects the terms of withdrawal outlined in § 6 will apply.
PLG will have the right to change the content of the event programme because of force majeure, extreme weather conditions, statutory provisions or in the case of safety considerations and other important facts which could not be foreseen at the time the contract was concluded.
a) Invoices are mailed on receipt of bookings. PLG invoices with no explicit payment date fall due within 14 days of receipt of the invoice.
b) Payment shall be made by bank transfer to PLG's account no. 74 61 505 460, sort code 600 501 01 at BW-Bank Stuttgart, Germany. The invoice number must be stated as the reason for payment.
c) In the event of late payment, default interest may be charged at a rate of 8% above the current basic rate of interest. If the orderer is a consumer as defined in Section 13 of the German Civil Code (BGB), PLG may charge default interest at a rate of 5% above the current basic rate of interest.
d) In the event of delayed payment, PLG has the right to invoice a flat charge of € 15.— for each reminder to cover its dunning expenses. Orderer shall be entitled to prove that lower or no dunning expenses were incurred. PLG shall be entitled to prove that higher dunning expenses were incurred.
e) Bookings received from outside Germany shall be paid by debiting the amount from a credit card or, at the sole discretion of PLG, in cash immediately before the event begins.
f) In the case of late bookings from domestic orderers where there is no guarantee that PLG will be able to issue the invoice or that the orderer will be able to make payment before the event commences, PLG can, at its sole discretion, accept either credit card payment or cash on delivery or cash payment immediately before said event begins.
g) PLG has the right to bar the orderer or third parties who attend on behalf of the orderer from attending the event if PLG has not received full payment of the invoice amount when the event begins.
h) The orderer acknowledges that orders placed via the PLG website cannot be paid for by credit card at the present time.
6.2 Redemption of Vouchers
a) Vouchers shall be valued at the event price valid on the date of issue (hereinafter the "voucher amount"). After changes to the price list, the entire voucher amount shall be credited against the new price.
b) The voucher amount cannot be paid out in cash or refunded.
c) Vouchers must be presented when the participant visits PLG in Leipzig.
d) The voucher amount shall be set off against the price of the event offer. If the voucher amount is less than the price of the event offer, the difference shall be invoiced to the orderer. If the voucher amount is higher than the price of the event offer, the difference i.e. the residual voucher amount cannot, for unavoidable technical reasons, be used for future event bookings at PLG. Nor can the residual voucher amount be paid out in cash or refunded.
a) The orderer can apply to cancel his or her participation. Said application requires the consent of PLG. The cancellation date shall be the date on which PLG gives its consent. PLG shall grant or refuse its consent within three working days after receipt of a request for cancellation.
b) If PLG grants its consent, the cancellation fee shall be as follows:
- Cancellation 14 or more calendar days before the event: no cancellation fee;
- Cancellation 13 or less days before the event: cancellation fee of 50% of the price of the event;
- Cancellation 2 or less days before the event: cancellation fee of 100% of the price of the event.
c) In the event of a non-attendance without a cancellation in due time accepted by PLG, orderer shall be obliged to pay the full price of the event, i.e. no money will be refunded. The same applies if an orderer who has booked the event for several participants reduces the number of participants without notifying or eliciting the consent of PLG.
d) PLG has the right to offset the cancellation fee pursuant to Section 6.3 lit. b) against the price already paid for the event in question.
e) Where vouchers are cancelled, the following terms of cancellation apply in place of Section 6.3 lit. b):
- No charge is made for cancellations up to three calendar days before the event. The voucher remains valid.
- If cancellation is made within three calendar days before the event, the voucher loses its validity.
In all other respects, Section 6.3 remains valid for the cancellation of vouchers.
6.4 Withdrawal by PLG and Postponements
a) PLG has the right to withdraw from the contract for the following reasons:
- If the orderer has not paid PLG the full price for the event offer after the payment date on the invoice has expired or, in the case of invoices which bear no specific payment date, 14 days after the orderer received the invoice plus a reasonable period of grace defined by PLG;
- In cases of force majeure or if other circumstances arise for which PLG is not responsible and which render the performance of the contract impossible or unreasonable for PLG;
- In cases where PLG has reason to believe that the event offer could pose a threat to smooth business operations, security or the public image of PLG or Dr. Ing. h.c. F. Porsche Aktiengesellschaft for which PLG cannot be held responsible;
- If, after concluding the contract, PLG gains knowledge that the orderer and/or participant is an employee or executive employee or member of a governing body of any automotive manufacturer other than Dr. Ing. h.c. F. Porsche Aktiengesellschaft;
- If weather-related influences make it impossible to conduct the respective driving programs.
b) In such cases, the orderer is unless otherwise provided for herein entitled only to a refund of the price for the relevant event offer. Further claims on the part of the orderer and/or participant are precluded. Any liability on the part of PLG pursuant to Section 9 remains unaffected by this provision.
c) Should it be necessary to interrupt the booked event for reasons for which PLG is not responsible, a commensurate proportion of the price shall be refunded to the orderer. Further claims on the part of the orderer and/or participant are precluded. Any liability on the part of PLG pursuant to Section 9 remains unaffected by this provision.
d) PLG has the right to postpone event offers until another date due to operating requirements, in particular reasons of secrecy and security. Within two weeks of receipt of notification of such a postponement, the orderer has the right to withdraw from the event in question. Further claims on the part of the orderer and/or participant are precluded. Any liability on the part of PLG pursuant to Section 9 remains unaffected by this provision.
e) Section 6.4 lit. d) applies mutatis mutandis for all driving programs in cases where weather-related influences make it impossible to conduct said programs.
a) PLG will have the right to withdraw from the contract for the following reasons:
• If the ordering party has, after expiry of the due date for payment of the invoice, failed to pay the price for the relevant event programme to PLG or, in the case of invoices without due date, failed to pay the price within 14 days after receiving the invoice, and after the expiry of a reasonable extension period set by PLG;
• If performance of the contract on the part of PLG is made impossible or unreasonable because of an event of force majeure or other circumstances for which PLG is not responsible;
• If PLG has reasonable grounds for assuming that the event programme will be detrimental to the business operations, safety, security, or public reputation of PLG or Dr. Ing. h.c. F. Porsche Aktiengesellschaft in a way which cannot be attributed to PLG's area of responsibility and organisational scope;
• If after the conclusion of the contract PLG learns that the ordering party and/or a participant is an employee or executive or member of a body belonging to a different automobile manufacturer than Dr. Ing. h.c. F. Porsche Aktiengesellschaft;
• In the case of all driving programmes if weather conditions make the implementation of the relevant programme impossible.
b) In this case – unless agreed otherwise below – the ordering party will only have a claim to a refund of the price of the relevant event programme. Any further claims by the ordering party and/or a participant are excluded; however, this is without prejudice to liability on the part of PLG in terms of § 9 below.
c) PLG will have the right to terminate the contract for the event without notice if the implementation of the event programme is significantly impaired by the participant even after the relevant warning has been provided by PLG. The same will apply if a participant is guilty of a breach of contract to such an extent that the immediate suspension of the contract is justified. In such a case PLG retains its right to the agreed payment.
d) If the event programme which has been booked needs to be discontinued for reasons which are not due to PLG, the relevant proportion of the payment will be refunded to the ordering party. Any further claims by the ordering party and/or participant are excluded; this is without prejudice to any possible liability on the part of PLG in accordance with § 11 below.
e) PLG will have the right to postpone an event programme to a different date, especially for reasons of confidentiality or safety and security considerations. In such a case the ordering party has the right, within two weeks after receiving notification of the postponement, to withdraw from the relevant event programme. The provisions relating to the withdrawal fee in accordance with § 6 c) will not apply in this case. Any further claims by the ordering party and/or participant are excluded; this is without prejudice to any possible liability on the part of PLG in accordance with § 11 below.
a) Participants in an event programme with a driving component in which a vehicle is driven by the participant must have held a valid driving licence for at least three years and provide an assurance at the locality that he or she is currently not subject to a driving ban. On the day of the event participants must produce the originals of their driving licence and ID card.
b) Before a Porsche vehicle is made available to the participant he or she must sign a vehicle rental contract with a personal excess of € 2,500 and, in the case of the 911 GT3 and the 911 Turbo, with a personal excess of 10,000 €.
c) Unless agreed otherwise the language of participation in all Porsche Leipzig event programmes will be German. This also applies to the instructors, drivers and other employees of PLG who provide a service in relation to the individual event programme. A sufficient knowledge of German is a condition for participation in the event programme.
d) In the case of the Porsche Leipzig Pilot, Porsche Leipzig Co-Pilot and Discover Porsche in Leipzig event programmes the instructions given by the PLG instructors must be closely followed. For safety reasons participants in all the above-mentioned driving programmes must wear seatbelts. Exceptions in the case of individual exercises are subject to the express instructions of the responsible PLG instructor.
e) All event programmes which involve driving are subject to an absolute ban on alcohol (0.0 per thousand) and drugs, as well as any other stimulants and sedatives which affect or could affect driving performance.
f) If participation in the driving programme is not by the person ordering the event programme but by a third party, § 8 lit. a) to e) will also apply to such a third party.
g) In the case of any breach of § 8 lit. a) to e) PLG will have the right to exclude the ordering party or participant from any further participation in the relevant event programme; in this case there will be no refund of the price of the event programme.
h) Participation in driving programmes is always at the participant’s own risk. This is without prejudice to § 11.
i) Guided tours of the factory are implemented both when production operations are taking place and when production is at a standstill. A guided tour carried out when production is at a standstill will not represent a defect.
a) If PLG fails to perform the agreed service or does not do so in accordance with the contract, the ordering party can demand redress. However, the ordering party has the obligation of notifying PLG immediately in the event of any defect which arises in relation to the event. If he culpably fails to do so, he will have no claim on any reduction in the price of the event. This will only not be applicable if such notification would demonstratively be without prospect of success, or would be unreasonable on other grounds.
b) PLG can refuse to provide redress if this will involve disproportionate expense.
c) PLG will also have the right to provide redress by providing a substitute service of equal value, if this can be regarded as reasonable for the ordering party.
d) After the event programme the ordering party can demand a reduction in the price of participation if the performance of the event has not been in accordance with the contract and he has not culpably failed to report the defect immediately (without culpable delay).
e) If an event programme is negatively affected to a significant event by a defect, and if PLG fails to provide redress within a reasonable period, the participant will have the right in accordance with statutory provisions to terminate the contract relating to the event. The recommended form for such termination is in writing. The same applies if the event will be unreasonable for the participant because of a significant defect which the organiser should be able to identify. Determining a deadline for the redress to be provided will be unnecessary only in cases where such redress is impossible or is refused by the organiser, or if the interests of the participant justify the immediate termination of the contract. The participant will owe the organiser only that part of the participation fee which is incurred by the services that have been taken advantage of, insofar as these services were of interest to him.
a) Claims on the grounds of failure to perform the event in accordance with the contract (§§ 651 c to 651 f BGB: redress, reduction in price, termination because of defect, compensation) must be registered against PLG within one month after the event has ended. For reasons of proof claims must be made in writing. After the end of this period the participant will only be able to assert a claim if he was unable to meet the prescribed period for reasons which were not within his control. In calculating the one-month period the day on which the event ended is not included.
b) Claims on the part of the participant in accordance with §§ 651 c to 651 f BGB arising from injury to life, limb or health which are due to the malicious or negligent breach of obligations on the part of the organiser, his legal representatives or agents acting on his behalf will become subject to the statute of limitations in 2 years. This also applies to claims for compensation for other damage arising from malicious intent or gross negligent breach of the obligations on the part of the organiser, his legal representatives or agents acting on his behalf.
c) All other claims in accordance with §§ 651 c to 651 f BGB will become subject to the statute of limitations in one year.
d) The period of limitation in accordance with the above paragraphs begins with the day after the day on which the event ends. If the end of the statutory period of limitation falls on a Sunday, a public holiday or a Saturday, this day will be replaced by the next working day.
e) Claims arising from illegal actions will become subject to the statute of limitations in 3 years.
PLG, its legal representatives and agents acting on its behalf will only be liable for damage involving a participant or damage which a participant causes to a third party, if the damage has been caused maliciously or through gross negligence on the part of PLG, its legal representatives or agents acting on its behalf. This restriction does not apply to damage involving injury to the life, limb or health of the participant. It does not apply either to statutory claims for compensation in the event of delay or impossibility for which PLG, its legal representatives or agents acting on its behalf are responsible, or in the case of the negligent breach of significant contractual obligations. Significant contractual obligations are duties, the breach of which will endanger the purpose of the contract and on compliance with which the contractual partner should normally be able to rely. In the case of negligent breach of such a significant contractual obligation, the liability of PLG will be limited to providing compensation for the kind of damage which is typical and foreseeable on the conclusion of the contract. This is without prejudice to claims arising from product liability legislation.
a) The transfer or sale of event programmes by the ordering party is not permitted.
b) In the event of a prohibited sale, transfer or provision of event programmes, PLG will have the right at its own reasonable discretion to declare the affected event programme as invalid for the ordering party or participant involved. In this case PLG will have the right to refuse the ordering party or participant involved access to the relevant event programme.
c) For every breach of the ordering party of § 11 lit. a) PLG may impose a contractual penalty on the ordering party at a level which can be determined by PLG in relation to the seriousness of the infringement, and the appropriateness of which can be judged by a court of law in the event of a dispute. This is without prejudice to further claims for compensation on the part of PLG. In addition PLG reserves the right to exclude any persons who infringe against § 11 lit. a) from ordering event programmes in future.
a) Video and sound recording as well as making any other visual or audio-visual recordings, including the use of mobiles capable of taking photographs, are not permitted on the PLG company site. This applies in particular to the vehicle production area.
b) The ordering party and/or the participant in the event programme will only be permitted to make video and sound recordings and other visual or audiovisual recordings, including the use of a mobile capable of taking photographs for private purposes within the PLG customer centre.
c) Any exception to the above provisions must be applied for in advance by written notification to PLG. If such an exception is approved, the written permit must be submitted to PLG staff on request at all times.
Persons with heart pacemakers and children under the age of 14 are not allowed to enter the PLG vehicle production facility for reasons of safety. In the case of the Discover Porsche in Leipzig and Pole Position Brunch programmes (events on a Sunday and guided tours when production is at a standstill) the minimum age for access to the production facility is 6.
The necessary data for implementing the contractually agreed services will be saved and only processed and used for the purpose of fulfilling the contract. For this purpose the above data will also be made available to the Porsche service company and to the shipping service provider.
The ordering party will only be able to set off his own claim against PLG's claims if this claim is either not disputed or has been legally recognised.
a) If an individual provision of the contract covering a specific event is invalid, this will not affect the validity of the remaining provisions of the contract. The same applies to the present terms of participation.
b) The contractual relationship between the participant and PLG will be subject exclusively to German law.
c) In the event of claims against participants who are entrepreneurs, legal entities under public or private law or persons whose place of permanent domicile or frequent residence is abroad, or whose place of permanent domicile or regular residence is unknown at the time the claim is asserted, the registered location of PLG will be agreed as the place of jurisdiction.
PLG is not willing and not obliged to participate in a dispute settlement procedure before a Consumer Arbitration Service.
Porsche Leipzig GmbH