Terms and Conditions

 

Adventure contract terms of adventure motorcycle
1. Scope
The following general travel conditions (short: travel terms and conditions) apply to all trips or special events as well as for other services between AdventureMotorcycle, Felice Mario Salerno, Erikaweg 7d, D-42697 Solingen, hereinafter referred to as "Organizer" and you as a customer. Customers are consumers in accordance with § 13 BGB and entrepreneurs in accordance with § 14 BGB.

We hereby expressly contradict any deviating conditions of the contractual partner, unless we have expressly agreed to these conditions.

2. Travel services
(1) Our travel offers are subject to change. The basis of the respective offer is the travel description and the related further information of the respective trip, insofar as this is available to the customer. Any local and / or hotel brochures as well as internet descriptions are not binding for the organizer, unless these have been expressly agreed with the customer and made the basis of the travel contract.

(2) Any changes or deviations from individual travel services that deviate from the agreed travel content after the conclusion of the contract, but which are necessary and were not brought about by the organizer in good faith, are only permitted if they are not significant changes and they provide the overall cut not interfere with the trip. Any warranty claims remain unaffected, as far as the changed travel services are defective. In the event of such changes or deviations in performance, the organizer is obliged to inform the customer immediately. In the event of a significant change, the customer has the right to withdraw from the travel contract free of charge. If it is possible for the organizer, the organizer will offer the customer a free rebooking for an at least equivalent trip.

3. Conclusion of contract / travel confirmation
(1) A binding travel registration (booking) can be made verbally, in writing, by phone, by fax or electronically (email, internet).

In the case of booking by electronic means, the customer must enter the desired trip and the required information on the registration form. By clicking the "Submit" button, the customer then submits a binding travel registration (booking) for the travel services stored under the respective travel number (tour number) within the meaning of § 145 BGB. Before booking, the customer can correct all of the entries that he has made. Corrections are possible by using the keyboard and mouse functions during the registration process. Before making a binding booking, the booking can be canceled at any time by closing the Internet browser or by using the "Back button" of the Internet browser. The customer receives confirmation of receipt of his booking from the organizer by email immediately after submitting his booking. This confirmation of receipt does not yet represent the acceptance of the booking order by the organizer. A travel contract for the booked trip only comes into existence if the organizer sends the customer a travel confirmation (booking confirmation) within ten days of sending his registration.

(2) If the travel confirmation from the organizer deviates from the booking of the customer, the customer is no longer bound to his booking. In this case, the travel confirmation from the organizer is a new offer to which the organizer is bound for a period of ten days. The contract is concluded on the basis of this new offer, provided the customer declares acceptance to the organizer within these ten days by express declaration, down payment or final payment.

(3) If the customer books a trip for other people, the customer is liable for all resulting contractual obligations of the other people he has registered with, provided that he has expressly assumed this obligation and by means of a separate declaration.

(4) Upon receipt of the declaration of acceptance (travel confirmation), the travel contract is concluded. The travel confirmation does not require any special form. Upon or immediately after the conclusion of the contract for the respective trip, the customer will receive a written travel confirmation. A written travel confirmation can be waived and is also not mandatory if the customer's booking is made less than 7 working days before the start of the trip (§ 6 BGB-InfoV).

(5) These general travel conditions, the order data and the consumer information are saved by the organizer. The storage of the data is limited, which is why the customer may have to print or save it himself.

4. Prices / payment
After the conclusion of the contract and if the customer has already been given a security certificate, a down payment of 25% of the travel price, up to a maximum of 350€ per travel participant, is due for payment. The remaining payment of the travel price is due no later than 28 days before the start of the trip. For bookings made less than 28 days before the start of the trip, the entire travel price is payable upon delivery of the security certificate and if the trip can no longer be canceled in accordance with No. 9 of these Terms and Conditions (minimum number of participants).

5. Cancellation by the traveler before the start of the trip / cancellation fees
(1) The customer can withdraw from the trip at any time before the start of the trip. The cancellation towards the organizer must be made to: AdventureMotorbike, Felice Mario Salerno, Erikaweg 7d, D-42697 Solingen

(2) If the customer withdraws from the travel contract before the start of the trip or does not start the trip, the organizer can instead of the travel price demand adequate compensation for the travel arrangements and expenses made up to the cancellation depending on the respective travel price. The organizer can only claim this compensation if the organizer is not responsible for the customer's withdrawal or if there is a case of force majeure.

(3) The compensation is staggered in time after the customer's declared withdrawal before the contractually agreed start of the trip. The compensation is calculated as a percentage in relation to the travel price. When calculating the compensation, saved expenses for travel services are usually taken into account by the organizer. The compensation is calculated as follows after receipt of the customer's cancellation notice for package tours:
up to the 31st day before departure 25%
30% from the 30th day before departure
from the 20th day before departure 50%
from the 10th day before departure 70%
from the 7th day before the start of the trip up to the day of the start of the trip and in the event of no-show 90% of the travel price.

(4) The compensation is calculated after receipt of the customer's declaration of cancellation for individual trips: up to the 31st day before the start of the trip 25%
30% from the 30th day before departure
from the 20th day before departure 50%
from the 10th day before departure 70%
from the 7th day before the start of the trip up to the day of the start of the trip and in the event of no-show 90% of the travel price.
(5) The costs incurred for individual travel for flights, trains or ferry tickets as well as the proportionate cancellation costs for hotel bookings and services are to be paid in full to the organizer of the costs incurred.

(6) The customer is allowed to prove that the organizer has incurred no damage or only significantly less damage than the claimed flat rate. Regardless of the above conditions, the customer has the right to provide a replacement participant.


6. Notification of defects / remedy / reduction
(1) The customer can request remedial action from the organizer if the trip is not provided by the organizer in accordance with the contract. In this case, the customer is obliged to immediately report any travel defects. If the customer culpably fails to do this, there is no entitlement to a reduction in the travel price. This does not apply if the advertisement is visibly hopeless or is unreasonable for other reasons. The customer is also obliged to immediately notify the tour guide of the defect at the holiday destination / during the trip. If a tour guide is not available, the notice of defects must be brought to the attention of the organizer. The customer will be informed accordingly in the service description or at the latest upon receipt of the travel documents about the availability of the tour guide or the organizer for the duration of the trip. The organizer and the tour guide of the organizer will, if possible, provide appropriate remedies. However, the tour guide from the organizer is not entitled to recognize any claims by the customer.

(2) Before the customer cancels the travel contract due to a lack of travel referred to in §651c BGB (German Civil Code) according to §651e BGB or for an important reason recognizable to the organizer due to unreasonableness, the organizer must be given a reasonable time to remedy the situation. If the remedy is impossible or the organizer refuses to remedy the situation, the deadline for remedial action does not apply. The same applies if the immediate termination of the travel contract is justified by a special and recognizable interest of the customer.

7. Substitute traveler
(1) The customer can name a replacement traveler who enters into the rights and obligations arising from the travel contract. This requires notification to the organizer. The organizer can object to the entry of the substitute traveler if the substitute traveler does not meet the special travel requirements or if his participation is contrary to legal regulations or official orders.

(2) If a third party (substitute traveler) replaces the registered travel participant (customer), the organizer is entitled to charge a flat fee of 50€ for the processing costs incurred by the substitute participant. Proof remains that the organizer has not suffered any damage or has suffered significantly less damage than the flat rate claimed.

8. Travel insurance
The organizer recommends the conclusion of appropriate travel insurance packages and, if necessary, travel cancellation insurance, including the cost recovery of repatriation in the event of illness or accident. Accident insurance is also recommended by the organizer.

9. Cancellation and termination by the organizer / minimum participants
(1) The organizer reserves the right to cancel a trip because the minimum number of participants has not been reached and to withdraw from the travel contract if the organizer has specified the minimum number of participants in the respective travel description and if a time is specified, up to which point in time before the contractually agreed start of the trip for the customer the declaration of cancellation / termination must have been received. In addition, the organizer must clearly indicate in the travel confirmation the minimum number of participants and the latest cancellation date (cancellation deadline) or refer to the corresponding travel description (travel services).

Cancellation must be declared to the customer at the latest on the 21st day before the contractually agreed start of travel. If the organizer can be seen earlier that the minimum number of participants cannot be reached, the organizer will immediately exercise his right of withdrawal. In the event of cancellation / cancellation of the trip by the organizer, the customer will be informed immediately and any payments made will be refunded immediately.

(2) If the customer does not pay the down payment and / or the remaining travel price on time, the organizer is entitled to withdraw from the travel contract after giving a corresponding warning. In this case, the organizer is entitled to reimburse the customer for the cancellation costs in accordance with No. 5 of these travel terms and conditions (cancellation fees).

(3) The organizer is also entitled to terminate the travel contract without notice for an important reason. There is an important reason if the customer, despite a warning from the organizer, permanently disrupts the trip or the itinerary. The same applies if the customer behaves contrary to the contract in such a way that the immediate cancellation of the travel contract is justified. If the organizer cancels, the organizer retains the right to the travel price; The organizer must, however, have the amount credited for what the organizer obtains due to any other use of the services not used, including the amounts saved or credited by any service providers.

10. Termination due to exceptional circumstances - force majeure
In the event of termination of the travel contract due to force majeure, the organizer refers to § 651j BGB. This has the following wording:
"(1) If the trip is considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the tour operator and the traveler can terminate the contract solely in accordance with this provision.
(2) If the contract is terminated in accordance with paragraph 1, the provisions of section 651e paragraph 3 sentences 1 and 2, paragraph 4 sentence 1 apply. The parties bear half of the additional costs for the return transport. In all other cases the traveler is responsible for additional expenses."

11. Liability
(1) The contractual liability of the organizer for damages for damage that is not physical damage is limited to three times the travel price, provided that the organizer has not caused the damage intentionally or through gross negligence. This restriction also applies insofar as the organizer is solely responsible for any damage incurred by the customer that is not physical injury due to the fault of a service provider.

(2) The organizer is not liable for service disruptions, personal injury and property damage in connection with third-party services that are merely arranged as such (e.g. excursions, sporting events, theater visits, exhibitions, transport services, etc.), provided that these third-party services are expressly stated in the travel description and the booking confirmation and with the intermediary of the contractual partner of the external service being clearly identified as such an external service, so that they are clearly not seen by the customer as part of the travel contract and the travel services included. The above disclaimer does not apply to services that include the transportation of the customer from the contractual point of departure to the contractual destination of the trip, contractually provided intermediate transportation during the trip and / or contractually provided accommodation for the duration of the trip, if and insofar as damage to the Customers the violation of information, information or organizational obligations by the organizer has caused this.

12. Exclusion of claims / limitation
(1) Claims of the customer according to §§ 651c to 651f must be asserted against the organizer at the address given above within one month after the contractually stipulated end of the trip. Section 174 BGB is not applicable. After the expiry of the deadline, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own.

(2) Claims of the customer according to §§ 651c to 651f expire after two years. The limitation period begins on the day on which the trip should end according to the contract.

13. Passport, Visa, Customs, Foreign Exchange and Health Regulations
(1) The organizer informs the customer about the respective provisions of passport, visa, customs and health regulations of the respective travel country before the contract is concluded and about any changes before the start of the trip. If the customer is not a national of a member state of the European Community, the responsible consulate will provide the relevant information. The customer is obliged to inform the organizer in good time about special features in the person of the customer or any fellow passengers (e.g. dual citizenship, etc.).

(2) The customer is responsible for the existence and carrying of any travel documents required by the authorities. This also includes necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages that arise for the customer or the organizer due to non-compliance with such regulations, e.g. the payment of cancellation costs etc. are at the customer's expense. This does not apply if the organizer has not informed the customer about it, inadequately or incorrectly.

14. Applicable law / place of jurisdiction
(1) This contract is subject to the law of the Federal Republic of Germany. This choice of law applies to consumers only insofar as the protection granted is not withdrawn by mandatory provisions of the state in which the consumer is habitually resident.

(2) The place of jurisdiction for disputes arising from the travel contract between the organizer and the customer is the company headquarters of the organizer insofar as the customer is a registered trader, legal entity under public law or special fund under public law or has no general place of jurisdiction in Germany. However, the organizer is also entitled to sue the customer at his place of residence and / or business.

(3) Should individual regulations of these terms and conditions be or become ineffective or not feasible in whole or in part or should there be gaps in the regulations, the remaining provisions remain unaffected.

(4) The contract language is German.

 

 

 

DISCLAIMER AND BASIC RULES FOR RACETRACK TRAINING

The participant takes part in the events of AdventureMotorcycle (Felice Salerno) at their own risk.

The participant bears sole civil and criminal responsibility for all damage caused by him or by the vehicle he uses, unless otherwise stated in these general terms and conditions.

By submitting his registration, the participant declares waiving any claims for damage that may arise in connection with the events, namely against the organizer, the marshals, the medical staff, the race track owners, sponsors, racing services and other persons involved with the Organization of the event are related, including their vicarious agents.

This exclusion of liability does not apply to damage resulting from injury to life, limb or health, which is based on an intentional or negligent breach of duty - also by a legal representative or a vicarious agent of the released group of people - and not for other damage which is based on an intentional or gross negligent breach of duty - also by a legal representative or a vicarious agent of the released group of people - are based.

Against the other participants (drivers or passengers), their helpers, the owners or owners of the other vehicles, the participants waive all claims for damages that arise in connection with the training or the competitions. This exclusion of liability does not apply to damage resulting from injury to life, limb or health, which is based on an intentional or negligent breach of duty - also by a legal representative or a vicarious agent of the released group of people - and not for other damage which is based on an intentional or gross negligent breach of duty - also by a legal representative or a vicarious agent of the released group of people - are based.

The participant himself is liable to the organizer for the fact that only he himself drives the vehicle he has registered.

Adventure motorcycle (Felice Salerno) does not guarantee the condition of the racetrack and the associated facilities.

The participant is responsible for sufficient insurance protection (e.g. accident, liability, possibly car and health insurance).

 

protection clothes

Basically, every participant is obliged to protect himself from the consequences of an accident or the like by using optimal protective clothing. to protect!

Suitable protective clothing is compulsory at all events of Adventure Motorbike (Felice Salerno); For motorcycle events where the participants have to drive on a race track, these consist of:

  • helmet
  • back protector
  • Leather suit with protectors (one-piece, two-piece suit must be connected with a zipper)
  • Motorcycle boots (overlap boots - pants must be provided)
  • Motorcycle gloves (glove overlap - sleeves must be present)

For motorcycle training that takes place outside of racetracks (e.g. driving safety training, incline training), textile clothing is also permitted if it has protectors.
Following these basic rules is essential to ensure security. In the event of violations, Speer Racing GmbH is entitled without further warning to exclude the participant from participating in the event. In such cases, the participation fee will not be reimbursed or reduced.

TECHNICAL PROVISIONS

Basically, the following applies: the vehicle used (whether motorbike or scooter) must be in perfect, operationally safe condition; there must be no immediate danger from the vehicle itself; this applies in particular - but not only - to the following points, both for motorcycles and motor scooters:

  • The driving noise must not exceed the limit applicable for the racetrack.
  • The assigned start number must be attached to the vehicle so that it is clearly visible from the front.
  • AbentuerMotorrad or its contractual partner offers at least one driver's briefing at each event, at which information is provided about the applicable technical regulations, the daily routine and any special features; Experienced participants are strongly advised to attend.
  • A camera attached to the vehicle must be additionally secured against loss ("safety line", additional wire protection, etc.)

The following rules also apply to motorcycles:

  • Mirrors and license plates must be removed.
  • Turn signals, headlights as well as rear and brake lights must be covered with opaque adhesive tape over a large area.
  • Objects attached to the vehicle such as Suitcases and other protruding parts on the vehicle must be removed by the participant before the start of the event.
  • At events lasting several days where races are offered and carried out, the oil drain plug must also be secured with wire and only pure water (no antifreeze) must be in the cooling system.

The participant is solely responsible for the correct technical condition of his vehicle!

Following these basic rules is essential to ensure security. In the event of violations, AdventureMotorcycle (Felice Salerno) or its contractual partner is entitled without further warning to exclude the participant from participating in the event. In such cases, the participation fee will not be reimbursed or reduced.

 

BEHAVIOR DURING THE EVENT

Basically, every participant must behave during the entire event in such a way that other participants are not endangered by their behavior; this applies in particular - but not only - to the following points:

  • During the entire duration of the event, the participant must follow the instructions of the employees of AbenteuerMotorrad and its contractual partners as well as the route operator.
  • Alcohol is strictly prohibited during the entire event (0.0 per mille). If you drink alcohol, drugs or medication that affects your ability to drive, you are prohibited from driving all day.
  • Drivers of different speeds can meet in training and possibly also in races, so special caution and mutual respect are advised. Stopping on the route - for whatever reason - is strictly prohibited.
  • The use of drones - for whatever purpose - is strictly prohibited! Adventure motorcycles (Felice Salerno) or their contract partners offer at least one driver's briefing at each event, at which information is provided about the applicable rules, the daily routine and any special features; Experienced participants are strongly advised to attend.

Following these basic rules is essential to ensure security. In the event of violations, AdventureMotorcycle (Felice Salerno) or its contractual partner is entitled without further warning to exclude the participant from participating in the event. In such cases, the participation fee will not be reimbursed or reduced.


9. TRANSPONDER

Each participant's vehicle is equipped with a transponder. The registration of the lap times is only used to check the correct group assignment of the individual participant and not for sporting comparison. For security reasons, a participant whose vehicle is not equipped with a transponder cannot take part in the event. Lap times will only be published at the request of the individual participant and for a fee. In principle, the transponder is only released against a deposit / deposit from the participant. If the transponder is damaged by the participant during use (for whatever reason, such as improper installation, fall, collision or the like) or is lost, the participant has to pay for repair or replacement. If a participant does not return the transponder after the end of the event, a usage fee of EUR 5.00 per day will be charged up to the time of the actual return, which the participant must then pay when returning it to the company AbenteuerMotorrad (Felice Salerno) ; only then will he get his deposit back.