USEFUL INFORMATION FOR PARTICIPATING IN MOTORCYCLE EVENTS
GENERAL TERMS AND CONDITIONS
GASSS GmbH, Timmelsjochstrasse 10, 39013 Moos in Passeier (BZ), Italy
hereinafter known as “Gasss”
1. SCOPE OF APPLICATION
These terms and conditions apply to contracts relating to the organisation and staging of events, training sessions and all related services and goods supplied by Gasss and its contractual partners.
The client’s terms and conditions shall only apply if they have been expressly agreed in advance, in writing.
In the event of legal disputes, the place of jurisdiction shall always be the Gasss registered office. Italian law shall apply.
Registrations for Gasss events can be made using the online booking system or by e-mail.
The contract is deemed concluded and the registration becomes binding once the client receives written confirmation of their registration from Gasss.
If the participant is a minor, the consent of their legal guardian(s) is mandatory.
3. SERVICE AND PRICE
The scope of the contractual services is stipulated in the description of services provided for the relevant event, as well as in the corresponding details in the event confirmation/invoice, and is binding.
All services that are not expressly listed here are either not available or must be paid for separately.
Unless otherwise stipulated, prices are given per person, in Euro.
In the event that additional costs are incurred for us as the organisers, we reserve the right to increase our prices. These new prices will be communicated to you as soon as possible.
Changes or deviations to individual services that become necessary once the contract has been concluded are only permitted if they are not significant and do not affect the event you have booked.
Gasss reserves the right to amend programmes or individual services if unforeseen circumstances require such changes.
4. PAYMENT CONDITIONS
The participant undertakes to pay the corresponding participation fee, plus any fees incurred for additional services booked, within the specified period.
If payment is not received within the agreed payment period, Gasss reserves the right to cancel the booking without further request for payment, or to withdraw from the contract.
The booking can also be secured with the payment of a deposit in an amount agreed upon prior to booking.
The exact methods of payment are listed in the booking confirmation.
5. CANCELLATION BY THE EVENT ORGANISER
Gasss may withdraw from the contract in the event of force majeure, e.g.: extreme weather conditions, unrest, strikes, cancellation by the race track operator, failure to reach the minimum number of participants or for other significant reasons. In such cases, the participant will receive a full refund of the participation fee. Further claims against Gasss on the part of the participant are rejected. Gasss is not liable for any reduction of track time due to crashes, other disruptions to driving, bad weather conditions or similar. In such cases, the participant is neither entitled to a full nor a partial refund of the participation fee.
6. CANCELLATION BY THE PARTICIPANT
In all cases, booked events may only be cancelled in writing or by e-mailing Gasss directly on firstname.lastname@example.org.
The following cancellation fees will then be payable:
- Cancellation before the payment deadline – no cancellation fees.
- Cancellation up to 30 days before the start of the event: EUR 30 – the remainder will be transferred to the customer’s Gasss credit account and can be used for further bookings.
- Cancellation between 29 and 15 days before the start of the event: EUR 50 – the remainder will be transferred to the customer’s Gasss credit account and can be used for further bookings.
- Cancellation within 14 days of the start of the event and in the event of a no-show on the part of the client, 100% of the total invoice for the event is payable.
If the participant is able to provide a replacement driver, the cancellation fees shall not apply.
Each Gasss client’s credit account is recorded in their client profile.
The credit account and the management of same is free of charge. Fees will not be applied to existing credit. The credit account cannot be overdrawn.
Upon the client’s request, an existing credit balance can be transferred (this must be carried out in writing). A payout in cash is not possible.
The credit shall not expire.
The credit account contains credits from cancellations (minus any corresponding fees payable in each instance) and from monies paid or overpaid that cannot (yet) be assigned to an event.
Existing credit will be deducted automatically from the participation fees when a client registers for an event.
7. LIABILITY DISCLAIMER
The participant takes part in events organised by Gasss at their own risk.
Gasss is not liable for any accidents involving its clients. Each client is responsible and liable for their own driving style and choice of racing line, even when following an instructor.
Under civil and criminal law, the participant is solely responsible for any damage caused by them or by the vehicle they use.
The participant waives any claims against other participants (drivers or passengers), their assistants and the owners or keepers of the other vehicles for damages of any kind related to the training or competitions.
The participant personally assumes liability, with respect to the organiser, that they alone shall drive the vehicle they have registered. The participant shall also be liable for any damage to persons and property caused by third parties using their vehicle during the event. Each participant is personally responsible for damages caused to their own vehicle, even if these damages are caused by third parties.
By submitting their registration, the participant declares that they waive all claims for damages of any kind against the organiser, track marshals, medical personnel, track owners, sponsors, race services and other persons connected with the organisation of the event, including their vicarious agents, arising in connection with the events.
Gasss does not assume any liability for the condition of the racetrack and the associated equipment.
The participant is responsible for ensuring that they possess a sufficient level of insurance cover (e.g.: accident, liability, medical expenses, disability, automobile and health insurance). Each participant must be in possession of medical insurance when attending any events that we host. For events held abroad, supplementary health insurance is required. By submitting their registration form, the participant confirms that they have acquired this. The organiser reserves the right to charge the injured party for any medical expenses incurred away from the racetrack (transport to the hospital, etc.). First aid treatment at the racetrack is included in the participation fee. Gasss is not obliged to take out insurance.
8. PROTECTIVE CLOTHING
Each participant is obliged to provide themselves with suitable protective clothing to serve as protection against injuries arising from an accident or similar.
Suitable protective clothing is mandatory for all events organised by Gasss, including:
- Full-face helmet
- Back protector
- Leather suit with protectors (a one-piece or two-piece connected by a zip)
- Motorcycle boots
- Motorcycle gloves
Compliance with these basic rules is essential for ensuring safety. Failure to do so will entitle Gasss to deny the participant permission to participate in the event without prior warning. In such cases, the participation fee will neither be refunded nor will any discount be granted.
9. TECHNICAL CONDITIONS
In principle, the vehicle used must be in perfect, safe operating condition.
This particularly, but not exclusively, applies to the following points:
- the volume of your vehicle may not exceed the limit set for that particular racetrack.
- the starting number allocated to you must be clearly visible on the front of your vehicle.
- Gasss offers at least one obligatory driver’s meeting at each event, during which information is provided about the technical regulations in effect, the programme and any special conditions to look out for.
- mirrors and registration plates must be removed.
- indicators, headlights, reversing lights and brake lights must be removed or covered with non-transparent adhesive tape.
- the participant must remove any objects attached to the vehicle and other protruding parts before the start of the event.
- both sets of brakes must be working correctly.
- only clean water may be present in the cooling system – no antifreeze.
The participant is personally responsible for ensuring that their vehicle is in proper working condition.
Compliance with these basic rules is essential for ensuring safety. Gasss is entitled to exclude the participant from participation in the event without prior warning if these rules are contravened. In such a case, the participation fee will neither be reimbursed nor discounted.
10. CONDUCT DURING THE EVENT
During an event, each participant must conduct themselves in such a manner that other participants are not endangered by their behaviour.
This particularly, but not exclusively, applies to the following points:
for the duration of the event, the participant must follow all instructions given by Gasss’ employees and the race organisers.
should a participant require medical assistance during an event, the participant shall release the medical staff from their doctor-patient confidentiality obligations towards the Gasss-staff.
the consumption of alcohol is not permitted at any time during the entire event. If you drink alcohol, take drugs or take medication that may impair your ability to drive, you will be banned from driving for the entire day. The driver must be in good physical condition.
- in practice or during the races themselves, it is possible for drivers driving at different speeds to collide with each other. You are, therefore, required to exercise caution and consideration for other participants. Stopping on the track for any reason is strictly prohibited.
- the use of drones is strictly prohibited.
- participants (incl. newcomers) may only use the racetrack and participate in the event if they have accepted the General Terms and Conditions and the liability disclaimer.
- participants must be familiar with the on-track rules (flags, hand signals etc.).
- Gasss offers at least one obligatory driver’s meeting at each event, during which information is provided about the technical regulations in effect, the programme and any special conditions to look out for. Complaints, suggestions and wishes are also accepted. Compliance with these basic rules is essential for ensuring safety. Gasss is entitled to exclude the participant from participation in the event without prior warning if these rules are contravened. In such a case, the participation fee will neither be reimbursed nor discounted.
Each participant’s vehicle will be fitted with a transponder. Lap times are recorded for the sole purpose of ensuring that the participant is in the correct group and are not compared for competitive reasons. For safety reasons, participants not in possession of a vehicle with a transponder may not take part in the event. Transponders will only be provided if the participant provides a document (insurance card or licence) as a deposit. If the transponder is lost or damaged while in use by the participant, the participant is liable for its replacement or repair. If the participant does not return the transponder at the conclusion of the event, their deposit will be held until its return.
12. RECORDING OF IMAGES, FILM AND VIDEO MATERIALS / PUBLICATION OF LAP TIMES
All photographs taken or slides and videos made by Gasss representatives during the events are the copyrighted property of Gasss.
Gasss is authorised to use this material for advertising purposes, even if the client and their guests can be identified in it. Gasss is not obligated to pay any royalties to the client or their guests in such cases.
Gasss may publish any photo and video recordings they make without requiring any further consent on the part of the participant; in particular, Gasss may post such material on Facebook/Instagram, etc. for the purposes of viewing and download.
By taking part in the event, the participant is deemed to have given their consent to this.
The participant agrees that Gasss may publish any lap times they achieve during the event online (on the Gasss homepage, on Facebook, etc.), at the venue on posters and/or monitors, and in publicly accessible databases (e.g.: live timing, etc.).
13. RIGHT TO REFUSE ENTRY
Gasss reserves the right to exercise its right to refuse visitors, participants and third parties the use of the site without prior warning if they are found to have contravened the terms and conditions set out herein or for any other instance of unacceptable behaviour.
Any commercial sales carried out at the venue, regardless of by whom, are prohibited without Gasss express written consent. If any of these terms are contavened, Gasss is entitled to ban participants from taking part without prior warning.
Any participant who contavenes these conditions may be excluded from the event without prior warning. In such a case, the participation fee will neither be reimbursed nor discounted.
14. DATA PROTECTION
When initiating, concluding, processing and rescinding a contract with Gasss, Gass will collect, store and process data according to the statutory provisions. By taking part in the event, the participant is deemed to have given their consent to this.
Gasss guarantees that the participant’s personal data will not be passed on to third parties, unless Gasss is legally obliged to do so or the participant has expressly consented to this in advance. If Gasss uses the services of third parties to implement and process data, the provisions of the Data Protection Act shall be observed. The personal data the participant provides to Gasss, upon registration or by e-mail, will only be used for correspondence with the participant and solely for the purpose for which it was provided to Gasss.
Gasss shall only pass the participant’s data on to shipping companies commissioned to deliver goods, and only if doing so is necessary for the delivery of said goods.
In order to process payments, Gasss passes on the participant’s payment data to the bank commissioned to handle the payment.
Personal data provided to Gasss via its website will only be stored until it has been used for the purpose for which it was provided. As far as commercial and tax retention periods are concerned, the data may be stored for up to ten years.
When visiting the Gasss website, the IP address used by the participant’s computer or device at the time of the visit, the date and time, the browser type, the user’s operating system and the pages the participant views are logged. This does not, however, enable Gasss to draw conclusions about personal data, nor is it intended to do so.
Should the participant wish to withdraw consent regarding the storage of their personal data, Gasss will, when instructed to do so and according to the statutory provisions, delete, correct or block the participant’s data, including with third parties as far as this is possible.
Upon request, the participant will receive information concerning all their personal data stored by Gasss free of charge. If you have any questions about the collection, processing or use of your personal data or to obtain information about, block or delete your data, please do not hesitate to contact us. Our details are as follows: Gasss GmbH
15. PLACE OF JURISDICTION / FINAL PROVISIONS
These General Terms and Conditions have been translated into, and published in, multiple languages. In the event of disputes regarding the interpretation of the General Terms and Conditions, the wording in German shall prevail. The parties agree that Italian law shall apply. The place of jurisdiction for all disputes is Bozen (BZ – Italy).
If one or more provisions within these General Terms and Conditions becomes invalid or if loopholes become apparent, the validity of the remaining provisions is not affected. In such cases, the contracting parties are obligated to replace any invalid provisions with ones that come as close as possible to the economic intent of the invalid provisions, or which close the loophole.
The statutory provisions shall apply unless all circumstances are regulated by the aforementioned provisions.
All previously published General Terms and Conditions shall be replaced by this version and are thereby rendered invalid.
Managing Director: Etschmann Agathe Christie
39013 Moos in Passeier (BZ) – Italy
Phone: 0039 348 7436487
Commercial Register: Bozen
District Court: Bozen
VAT Number: IT 03039830215