1. Scope of Application

This includes, in particular, driver training, instructor training, driving tests, vehicle presentations, driving events, incentive programs, racetrack events, ADAS services as well as other consulting, training, and event services.
These General Terms and Conditions (hereinafter “GTC”) apply regardless of whether Driving Concept (hereinafter “Driving Concept”) provides the services as an organizer, coordinator, service provider, or on behalf of or in the name of third parties.
Unless expressly agreed otherwise, the place of performance shall be the respective event, service, or deployment location.

2. General Provisions

2.1 For all disputes arising from the contractual relationship, if the contractual partner of Driving Concept is a merchant, a legal entity under public law, or a special fund under public law, legal action shall be brought before the court having jurisdiction over the registered office of Driving Concept.
This place of jurisdiction shall also be deemed agreed if the party to be sued moves its domicile or habitual residence outside the scope of the German Code of Civil Procedure after conclusion of the contract, or if its domicile or habitual residence is unknown at the time the action is filed.

2.2 All contractual relationships shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This also applies if the contractual partner is based abroad.

2.3 The invalidity of one or more clauses of these GTC shall not result in the invalidity of the remaining clauses. Both parties expressly agree that the clauses unaffected by the invalidity shall remain fully effective. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.

2.4 These terms shall also apply to all future business relationships with the contractual partner, even if not expressly agreed again.

2.5 Deviating terms and conditions of the contractual partner shall not apply unless Driving Concept expressly agrees to their validity in writing.

3. Conclusion of Contract

3.1 Offers from Driving Concept are non-binding and subject to change.

3.2 Bookings for training sessions or events can be made in writing, by telephone, by email, or via an online booking system.

3.3 The contract shall only come into effect upon written or electronic confirmation or booking confirmation by Driving Concept.

3.4 Side agreements as well as changes and additions to existing agreements must be made at least in text form (e.g. email) to be effective.

3.5 Agents of Driving Concept are not authorized to make verbal side agreements or give verbal assurances that go beyond the content of the written contract.

3.6 Driving Concept reserves the right to reject booking requests if operational, organizational, safety-related, or other objective reasons prevent acceptance.

4. Services

4.1 The scope of services is defined in the respective service description, the offer, or the booking contract.

4.2 Changes to the program, schedule, or individual service components for organizational, safety-related, or weather-related reasons are reserved, provided that the overall character of the event is not significantly altered.

5. Prices and Payment Terms

5.1 The services of Driving Concept shall be billed in accordance with the contractual agreement either at fixed prices or based on time and effort. Unless otherwise agreed, billing shall be based on time and effort. The following general provisions apply to all billing methods:

5.2 Additional services, changes in services, or extra expenses requested by the contractual partner or resulting from circumstances for which Driving Concept is not responsible shall be charged separately based on time and effort, provided the contractual partner has been informed in advance where possible.

5.3 Payments made by the contractual partner to agents of Driving Concept shall not discharge the contractual partner’s obligations toward Driving Concept. Exceptions require a separate agreement.

5.4 Variable costs, the amount of which is only determined after the end of the event, become due upon receipt of the invoice, which will be issued immediately after the event.

5.5 Both the agreed prices and the variable costs must be paid without any deductions to the payment office specified by Driving Concept. In particular, deduction of discounts is not permitted.

5.6 All invoices are due for payment without deduction. The contractual partner shall be in default no later than 31 days after the due date and receipt of the invoice. In the event of default, statutory default interest pursuant to Section 288 of the German Civil Code (BGB) shall apply. The assertion of further damages caused by default remains reserved.

5.7 The contractual partner may only offset claims or assert retention rights with regard to claims that are undisputed or have been legally established. Retention rights may only be asserted if they are based on the same contractual relationship.

5.8 If, after conclusion of the contract, circumstances become known that significantly impair the financial standing or creditworthiness of the contractual partner, Driving Concept shall be entitled to perform outstanding services only against advance payment or appropriate security. Furthermore, outstanding claims may be declared immediately due within the limits permitted by law.

6. Cancellation Terms

Cancellations or withdrawals by the client must be made at least in text form (e.g. email).

6.1 In the event of cancellation, the following flat-rate cancellation fees based on the agreed order value shall apply:
• After conclusion of the contract: 10%
• Up to the 60th calendar day before the start of the event: 15%
• Between the 60th and 30th calendar day before the start of the event: 50%
• Between the 30th and 16th calendar day before the start of the event: 70%
• Within the last 15 calendar days before the start of the event: 100%

The client retains the right to prove that Driving Concept has incurred no or a lower loss.

6.2 Third-party services and costs (e.g. catering, technology, location, printed materials, hotel or event bookings) commissioned by Driving Concept on behalf of the client and which can no longer be canceled free of charge must be reimbursed by the client in full.

6.3 For events, vehicle presentations, driving events, and comparable services, Driving Concept is entitled to request reasonable advance payments if advance services must be rendered or binding bookings must be made with third parties.

6.4 The amount of the advance payment depends on the expected third-party and project costs and shall be agreed individually.

6.5 Advance payments made shall be offset against the actual costs incurred. If advance payments exceed the verifiable costs incurred, the difference shall be refunded.

6.6 Further statutory or contractually agreed claims of Driving Concept remain unaffected.#

7. Cancellation or Postponement by Driving Concept

7.1 Driving Concept is entitled to cancel, postpone, interrupt, or terminate events for organizational or safety reasons. Safety reasons include, in particular, extreme weather conditions such as snow, ice, heavy rain, storms, fog, or similar conditions that impair or make the safe execution of driver training, instructor training, driving tests, or comparable events impossible.

7.2 The decision on the safe execution of the event and the assessment of the associated risks lies exclusively with the event management of Driving Concept.

7.3 In the event of postponement, participants/clients will be offered an alternative date. If the alternative date cannot be attended, the participant/client may withdraw from the contract. Costs already incurred pursuant to clause 6.2 may be charged to the client.

7.4 In the event of justified cancellation, postponement, interruption, or termination in accordance with the above provisions, no claims for damages shall arise against Driving Concept, insofar as legally permissible. Mandatory statutory liability claims remain unaffected.

8. Termination Due to Force Majeure

8.1 Driving Concept is entitled to cancel or postpone events in cases of force majeure. Force majeure is an external event with no operational connection that cannot be prevented even with the utmost reasonable care.

8.2 Cases of force majeure include, in particular, war, terrorist attacks, natural disasters, pandemics, epidemics, official orders, strikes, lockouts, power outages, track closures, and other unforeseeable events beyond the control of Driving Concept.

9. Photo, Film and Media Recordings

9.1 During events, photo, film, audio, and drone recordings may be made.

9.2 Driving Concept is entitled to use these recordings for websites, social media, press work, reference projects, company presentations, print media, as well as advertising and marketing purposes.

9.3 Participants may object at any time, with effect for the future, to the publication of recordings containing personal data.

9.4 The processing of personal data takes place in accordance with the privacy policy. Where necessary, separate consent will be obtained.

10. Liability

10.1 Participation in events takes place at the participant’s own risk. Before the event begins, each participant must sign a separate liability waiver. This includes in particular the following provisions: Driving Concept or its vicarious agents shall be liable for claims for damages by the contractual partner or participants arising from breach of contractual obligations, culpa in contrahendo, and tort as follows:

• Liability for personal injury shall be governed by statutory provisions.
• Liability for property damage is limited to the amount of coverage of Driving Concept’s event liability insurance.
• Liability for financial losses is excluded.

The limitations of liability shall not apply in cases of damage to privately used items under the Product Liability Act, or in cases of intent or gross negligence, or breach of essential contractual obligations, or absence of guaranteed characteristics, where liability for typical and foreseeable damages is mandatory.

10.2 If the contractual partner is not identical to the event participant, the contractual partner shall indemnify Driving Concept and its agents, to the extent permitted by law, against any liability toward participants.

11. Insurance

11.1 Driving Concept has taken out event organizer liability insurance and participant accident insurance. For events abroad, each participant must have valid private international health insurance. Depending on the type of event, optional comprehensive insurance may be available. If comprehensive insurance already exists, the client should verify in advance whether it covers the specific event.

11.2 Participation in racetrack events, driving on oval tracks, or handling courses must not aim at achieving maximum speeds. For events involving “free driving,” the conclusion of accident insurance covering this risk is strongly recommended.

11.3 For all cross-country journeys as well as driving on public roads, the provisions of the German Road Traffic Regulations (StVO) apply without restriction and must be complied with at all times by all participants.

12. Final Provisions

Amendments and additions to these GTC must be made in text form.

13. Data Protection

Please refer to our privacy policy for information regarding data protection.