Right of Withdrawal
As customer, you have the right to withdraw your order (contractual statement) within two weeks after receipt of the voucher by written letter or fax without a statement of reasons according to § 312d BGB (German law). The voucher has to be sent back. The deadline starts after receipt of the written withdrawal, but not before receipt of the good at the addressee and the fulfilment of our duty to supply information according to § 312c para. 2 BGB in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV as well as our duties according to § 312 e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. The sending of the withdrawal or the good in time is sufficient for the observing of the cancellation period. Please send the withdrawal or good to:
RS-Racingteam, Christian Goebel and Sven Rau GBR, Marie-Curie-Straße 3, D-68519 Viernheim
Phone: + 49 (0) 6204 / 60 20 52
Fax: + 49 (0) 6204 / 60 20 53
Internet: www.rs-racingteam.com
E-Mail: info@rs-racingteam.com
In the case of an effectual withdrawal, both received accomplishments have to be granted back as well as possible uses. The right of withdrawal does not apply of the voucher has been used already. The purchase price will be compensated to the buyer without the use of cash in case of a withdrawal. The account details have to be stated by the customer for this reason. The right of withdrawal expires prematurely if the accomplishment of service has started before the end of the withdrawal period with your explicit consent or if you have initiated it yourself ( § 312d para. 3-2). If the customer is general merchant, he has no right of withdrawal or refund according to § 312d BGB.
Consequences of Revocation
In the event of a valid revocation of this agreement each party shall return to the respective other party the service and benefits received. If you cannot supply the received good at all or in a worse condition, you will have to grant a compensation for the lost value. It does not apply for the surrender of goods, if the decline of the quality appeared while controlled (i.e. when sold in a shop). Incidentally, you may avoid a decline in quality and the duty of a valid revocation when you do not treat the good as your own when handling it, so that its value is not interrogated at all. Packed goods are to be sent back on our own risk. You will have to bear the costs for the return if the delivered goods comply with the ordered goods, if the price of the returned goods is below 40 EUR or if you have not returned the service received or realised a down payment at the time of withdrawal if the price of the good is higher. In this case, please state on the package: “Payment born by recipient.” The duty to reimburse has to be fulfilled within 30 days. The deadline for you starts with the supply of the goods or the withdrawal, for us when receiving it. The right of withdrawal does not apply when the voucher has been used.
Privacy
RS-Racingteam appreciates your confidence and takes the protection of your personal data seriously. It is part of our high quality requirements. RS-Racingteam emphasises especially the protection of your moral rights while proceeding and using information. Therefore, we would like to inform you accordingly:
1. General Information about Data Privacy and Protection
RS-Racingteam data protection is used in accordance with the data protection rules of the German Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the German Broadcast Media Act (Telemediengesetz – TMG).
2. Which Information is collected by RS-Racingteam and how is it used?
You may get to know RS-Racingteam Events without making any statements about your person. A registration is not necessary.
If you place an order or booking, you will have to give your personal information like your name, E-Mail address and your postal address. You do not need to give your account or credit card details as the payment is done via invoice or cash on delivery (COD).
3. Implementation and Maintainance of Data Protection
RS-Racingteam does not give any personal data to third parties in general. However, there are exceptions in case of the misuse of an offer that leads to the transfer of information to national investigation offices or other criminal prosecution agencies if requested. We use your personal data without your explicit approval for the fulfilment and proceeding of your order/booking. Your data is only given to external service partners (i.e. Deutsche Post AG, forwarding company, dispatching agency etc.) that carry out an order in our name. Those companies are bound to carry out the order according to the German Data Protection Act and therefore do not count as third party regarding data protection. The transfer of data is done according to the rules of the German Data Protection Act (BDSG). The extent is limited to the necessary minimum. RS-Racingteam does not use the data stated on the website if you do not agree to it explicitly. RS-Racingteam always informs you about how your data is used according to §34 BDSG. Please use the contact form.
4. Other
RS-Racingteam advises you that you may get to websites of third parties via our website. The external websites were checked on illegality and criminal liability when the links were set. However, amendments of contents cannot be excluded whatsoever afterwards. RS-Racingteam is not committed to verify them continuously and therefore does not take any liability for the private policy of those websites. Please read through their private policy carefully for your own protection.
5. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
General Terms and Conditions (AGB – Allgemeine Geschäftsbedingungen)
§ 1 Order/Conditions of Payment
We check the availability of your order or event package after receiving it. You then receive a confirmation/invoice according to your order. The invoice has to be paid within 14 days after receipt via bank transfer. If your tickets are not available when ordered, we will offer you an according alternative. You may withdraw your order if you do not agree to our suggestion. Your order is binding after the expiration of the revocation period and cannot be cancelled according §7 General Terms and Conditions (AGB). The ordered services are reserved until the agreed date of payment. If tickets are not available after payment within the date of payment, you will be offered alternative dates.
RS-Racingteam has the right to give away tickets or to cancel an invoice if they are not paid within the date of payment period. You will have to bear 10% cancellation fee on the overall amount. RS-Racingteam does not have to provide any services if the payment was not effected in the date of payment period or if not paid at all. All services have to be paid in advance without any exception.
§ 2 Pricing / Packaging and Transport
Invoices are written in EUR. The price includes 19% VAT. The offered price of a voucher or event on the RS-Racingteam website is binding. All stated prices are gross prices plus packaging and transport costs. Our basic flat fees include the agreed contractual services without any exceptions.
§ 3 Delivery / Loss of Vouchers or Event Documents
The vouchers / event documents are sent free of charge 2-4 days (vouchers) after ordering or 2 weeks before an event at the latest, depending on the booking period. Special conditions apply for the transport to European neighbour countries or worldwide. These conditions are agreed on in advance, depending on the country. RS-Racingteam explicitly reserves the right to deliver the documents personally on the date of the event or to deposit them in exceptional cases. The terms of delivery are for the time of the delay extended in case of a strike or act of God. The same applies if your do not fulfil the obligation to co-operate. You have to inform RS-Racingteam immediately in case of loss, assumed loss, theft or the risk of misuse in order to block a voucher. RS-Racingteam does not assume any liability for the illegitimate use of a voucher without any notice given. Please contact RS-Racingteam immediately in case of loss:
RS-Racingteam, Christian Goebel and Sven Rau GBR, Marie-Curie-Straße 3, D-68519 Viernheim
Phone: + 49 (0) 6204 / 60 20 52 / Fax: + 49 (0) 6204 / 60 20 53 / Internet: www.rs-racingteam.com / E-Mail: info@rs-racingteam.com
The availability of RS-Racingteam may vary. The normal office hours are Monday to Thursday 8:00 to 16:00 p.m. and Friday 8:00 to 12:00 a.m.
Our office is closed at the weekends and on public holidays.
§ 4 Resale
The commercial resale of RS-Racingteam vouchers is forbidden if no other written agreement has been fixed. RS-Racingteam reserves all rights and requirements according to § 4, especially the claim for compensation. The user is obliged to pay a fine of 1.000 EUR for every single case of violation of the regulation § 4 and with the exclusion of the plea and continuation of offence. Moreover, RS-Racingteam reserves the right for further compensation.
§ 5 Commitment/Contractual Partner
All bookings of racing taxis, events or other ticket orders are binding for the customer. You place an offer according to civil law with the booking/order which leads to a contract with our confirmation (offer and acceptance). If you receive a different confirmation to your order, it is a new offer from RS-Racingteam which is binding for 5 days. The contract is based on this new offer if you accept it within the appropriate time limit. There will be no contract if you do not accept the new offer.
The booking customer is immediately informed about alternatives by RS-Racingteam if the requested date is already fully booked at the time of registration. If the booking customer agrees to the amendments suggested, they are binding for both parties after the according confirmation. You may only claim the reserved dates and events when they have been confirmed explicitly.
§ 6 Payment/ Travel- and Event-Packages / Vouchers
Payment of the ordered goods is done only by invoice or cash on delivery. The amount is due 14 days after issuing the invoice. Different payment dates are only valid if agreed on separately. There is no obligation to deliver the goods or service if the invoice has not been paid. Furthermore, the rules of § 651 k, para. 3 BGB. RS-Racingteam are entitled to cancel the booking if not paid in time and after an adequate respite and to charge the damage according to the price-scale.
§ 7 Cancellation/Revocation Costs for Individual Event-Packages
You may always withdraw from the contract before the booked event. The informal withdrawal is basically possible, but we do recommend a written cancellation (preservation of evidence) in your own interest in order to avoid misunderstandings. If you cancel an event or product, RS-Racingteam is entitled to ask for an adequate compensation for the preparation and expenses of the event. The generally saved costs as well as the possible further usage of the event are taken into consideration when the compensation is calculated as flat fee. The booking customer still has the possibility to proof by evidence that no or less damage has occurred as the flat fee calculated by us.
According to the flat fee mentioned, the following price schedule applies depending on when the customers cancelled the event:
Up to 60 days before the event free of charge
from 59 to 30 days before the event 30%
from 29 to 15 days before the event 45%
from 14 to 8 days before the event 60%
from 7 days before the event 95% of the price.
Already calculated amounts (deposit invoices i.e.) will not be reimbursed and do not underlie the price-schedule!
§ 8 Liability/Compensation
RS-Racingteam underlies an obligation for executive care as established merchant: the detailed preparation of the service, the accurate choice and surveillance of funding sources as well as the accurate provision of the services agreed on in the contract. We do not assume liabilities for the interference with performance of an obligation that we conveyed as third-party services and that are marked as third-party services explicitly in the offer, even if our team members participate at the event. Our liabilities according to damages that are not individual, are limited to the price of the event, 1. as long as the damage of the passengers have not been caused deliberately or grossly negligent or if the organiser is responsible fort he damage of a customer only due to the default of a funding source.
The liability of RS-Racingteam is excluded or limited as long as a travel service from a funding source applies according to international arrangements or similar statutory provisions. RS-Racingteam is entitled to refer to these provisions when dealing with the customer. Motorsport is a dangerous kind of sport. This also applies for the viewers. The customer knows that racing events are not carried out by RS-Racingteam, but by national racing sport organisers. Act of God, terroristic attacks or slight changes by motor sport authorities do not entitle to ask for a compensation of the booking price.
RS-Racingteam does not take any liabilities for transfer delays due to traffic. There is no claim for the compensation of a proportionate price because of the cancellation of the race or qualifying session, inhibiting the race course or delays in transfer. RS-Racingteam does not take any liabilities for the execution and course of the event. They are not liable for printing mistakes in the flyer.
Instructions by the team members, the organising personnel or assistants have to be followed. If you do not follow this rule or act in a dangerous way you may be excluded from the event.
Defects that entitle for a minimum compensation have to be claimed at the location, so that RS-Racingteam or the cooperating partner has the possibility to minimize or eliminate it. The customer has to state claims of one or more services that were not supplied within one month after the event ended. After the expiry of the date, the customer may only claim if he is not able to keep the deadline independent of his negligence. We do recommend in your own interest to send a written claim (written evidence), but you may also state an informal claim. Claims prescribe after one year according to §§ 651c to 651f BGB. The deadline starts with the day the event ended according to the contract. If there are pending negotiations between RS-Racingteam and the customer about the claim or its circumstances, the prescription is inhibited until RS-Racingteam or the customer refuses the continuation of negotiations. The prescription starts three months after the end of the inhibit at the earliest.
§ 9 Changes in Programme
Changes or variations of single booked services agreed on in the contract are allowed if they are necessary after conclusion of a contract and effected in good faith. They should not affect the overall package of services booked. This does explicitly apply for transfer services and departing time schedules. Warranty claims are not applicable if the amended services have defects. RS-Racingteam does not take any liability and cannot be claimed for compensation if the contractual service cannot be supplied due to act of God, cancellation of a race, the event or qualifying courses or inhibit of the race course.
§ 10 Specification
The description of the event on the RS-Racingtream website is correct at the time of the allocation. The content, however, might be slightly amended. RS-Racingteam always tries to update the amendments in the general descriptions of the events on the website. The customer may always receive a current description by phone in the office. The used photos are to visualise the events. The images of vehicles, planes, items, persons and locations are not binding and may vary. The time lines regarding the duration of the event are only an indicator for the time period that you need to calculate for the event. You may spend the event with other participants. Therefore, you need to calculate waiting periods. The time lines stated on the RS-Racingteam website are not binding for this reason and may vary. RS-Racingteam does not grant a guarantee for the character and accuracy of shown data or map details.
RS-Racingteam reserves the right to offer an alternative if a certain vehicle or technical equipment or participation of a certain person is not available but mentioned in the description of the event. RS-Racingteam also reserves the right to cancel an event if no alternative can be offered.
RS-Racingteam welcomes the participation of disabled persons. We do point out, however, that the participation at some events may be difficult or not possible at all. RS-Racingteam therefore asks you to inform them on the disability of the participant when booking the event.
§ 11 Withdrawal / Cancellation
If a voucher cannot be redeemed within the validity period, it is up to the buyer to use it differently (i.e. by handing it on to someone else). The cancellation or withdrawal of the contract with RS-Racingteam after the expiry of the revocation period is not possible without the evidence of a legal reason. You will have to inform RS-Racingteam immediately if you pass on the voucher to someone else.
§ 12 Usage of RS-Racingteam Website
You use the RS-Racingteam website on your own risk. The download or use of contents referring to the RS-Racingteam website is on your own risk. You are the only responsible for damages on your computer system, for the loss of data, usage of technical equipment or other damages that might result from the download or other transactions from the RS-Racingteam website. The liability of RS-Racingteam – no matter for which legal reason and regardless of the rules mentioned above – is limited in any case to damages that were provoked by grossly negligent behaviour or contractual breach of a main duty. Damages that rely on a grossly negligent behaviour of not essential contractual duties or duties in the framework of contractual negotiations, the liability for indirect and consequential damages are excluded and limited to the extent of a typical average contractual damage. The possible compulsory liability according to the Product Liability Act is not affected. Verbal or written advice or information you receive from RS-Racingteam while using the RS-Racingteam website does not grant any warranty if not agreed upon explicitly.
§ 13 Jurisdiction/Applicable Law
The contract is subject to German law. Jurisdiction for all disputes referring to the event is Darmstadt (Hess – Germany). The ineffectiveness of a part of these contractual conditions does not affect the virtue of all other conditions.
§ 14 Other
Errors and amendments are excepted. Legally relevant explanations or statements that you will have to give RS-Racingteam or third parties need to be in written form. RS-Racingteam reserves the right to amend or complete these General Terms and Conditions (AGB). The General Terms and Conditions in its latest version are valid on the RS-Racingteam website, even if no special indication has been stated.
General Terms and Conditions of:
RS-Racingteam
Christian Goebel and Sven Rau GBR
Marie-Curie-Straße 3
D-68519 Viernheim
Phone: + 49 (0) 6204 / 60 20 52
Fax: + 49 (0) 6204 / 60 20 53
Internet: www.rs-racingteam.com
E-Mail: info@rs-racingteam.com
