1. Participants are specified as all of the registered persons, such as the driver, co-driver, service personal and other accompanying people.
2. Conclusion of the event contract
With the registration in writing, the participant provides Offroad Solutions Ltd. with a binding offer to conclude an event contract. The registration is only effected by the return of the completely filled in registration form. Contact made by the participant via e-mail, fax or telephone are only considered preliminary inquiries. The event contract is concluded with the acceptance by Offroad Solutions Ltd., by sending the confirmation of registration. The GTCs are part of the event contract.
3. Remuneration
Payment of the entire participation fee is due upon registration. Is payment not received by Offroad Solutions Ltd. within 8 days after the registration, the event contract isn’t concluded. In case of a cancelation up to the registration deadline, a processing fee of 25 % of the participation fee is retained. Should the cancelation occur later, none of the participation fee will be refunded. Rebooking fees are due promptly after receipt of the invoice. Should Offroad Solutions Ltd. not accept a participant’s registration, Offroad Solutions Ltd. will refund any paid participation fee immediately.
4. Services
The scope of the contractual services results solely from the regulations Offroad Solutions Ltd. composed, as well as those statements in the event confirmation which refer to these. Subsidiary agreements, that change the scope of the services as described by Offroad Solutions Ltd., require expressly written confirmation by Offroad Solutions Ltd.
5. Service changes
Changes or deviations of individual event services from the agreed terms of the event contract, which become neccessary after contract conclusion and which were not caused by Offroad Solutions Ltd. in bad faith, are permissable, insofar the changes and deviations aren’t significant, the overall average of the event isn’t compromised and the event’s realization in the changed form, including the replacement with an equivalent service, is therefore reasonable for the participant. Offroad Solutions Ltd. will communicate service changes or deviations immediately, as long as this is possible and the changes aren’t just minor. If neccessary, Offroad Solutions Ltd. will provide the participant with the possibility to withdraw free of charg
Should the participant withdraw, Offroad Solutions Ltd. will reimburse any payments made until then. Other mutual claims are excluded. Offroad Solutions Ltd. reserves the right to cancel the event, even on short term notice, due to important and for unpredictable reasons (e.g. force majeure, political situation) and will in this case refund the payments made. Beyond that however, the participant does not have any entitlement to damages.
6. Wihdrawal by participant, change of reservation
The participant can withdraw from the event contract in written form at any time before the event starts. Decisive is the receipt of the cancelation by Offroad Solutions Ltd.. If the participant withdraws from the event contract after the deadline, or doesn’t show up for the event without having withdrawn from the event contract, Offroad Solutions Ltd. can withhold the already paid nominal amount in its entirety. In case of cancelation up to 58 days before the event begins (deadline), 25% of the participation fee will be withheld as administrative charge.
7. Services not utilized
Should the participant not utilize individual event services, due to e.g. premature return or for other reasons, Offroad Solutions Ltd. won’t refund any payments.
8. Cancelation of contract due to exceptional circumstances
Should the event be significantly jeopardized or impacted due to force majeure not foreseeable when the contract was concluded, both Offroad Solutions Ltd. as well as the participant, can withdraw from the contract. Is the contract terminated, Offroad Solutions Ltd. can withhold an adequate compensation for the already provided event services or those services necessary to bring the event to an end.
9. Liability of Offroad Solutions Ltd.:
Within the diligence of a prudent businessman, Offroad Solutions Ltd. is liable for:
- the conscientious preparation of the event,
- the thorough monitoring and selection of the service providers,
- the accuracy of the service descriptions,
- the proper provision of the agreed services, taking into account the respective customary particularities, insofar these were part of the event announcement or any other information of Offroad Solutions Ltd., before the event began.
10. Limitation and liability
The participant has to observe the traffic regulations in the respective countries and has to autonomously adapt his/her driving behaviour, in particular the driving speed, to the conditions of the driving route. The participant is expressly advised that he/she is accountable under civil and criminal law for his/her driving behaviour and such damages arising from it against other participants or third parties. With his/her signature the particpant assures that this disclaimer has been duly noted and that he/she is providing adequate insurance coverage. The liability of Offroad Solutions Ltd. is primarily regulated by the waiver of liability which the participant has handed in. Regardless of this, Offroad Solutions Ltd. is not liable in as much as the damage to the participant was not caused in either an intentional or a grossly negligent manner or in as much as Offroad Solutions Ltd. is responsible for the damage to the participant solely due to the fault of one of the service providers. Offroad Solutions Ltd. is not liable for the interference with performance of an obligation in connection with those services considered external services. An entitlement to damages against Offroad Solutions Ltd. is excluded or limited if, on the basis of legal requirements, the liability of the services to be rendered by a service provider, is also excluded or limited.
11. Obligation to co-operate
In case of possibly occuring interferences with performance of an obligation, the participant is obligated to contribute to correcting the interference in a reasonable way and to keep the possibly occuring damages to a minimum. The participant is in particular obligated to notify the local event administration or the respective service provider accordingly, as soon as possible. These will provide relief as far as possible. These will provide relief as far as possible. Should the participant intentionally neglect to notify regarding the deficiency, the claim to decrease is not recognized. The event management or the respective service providers are not entitled do recognize any claims of the participant against Offroad Solutions Ltd.
12. Exclusion of claims and limitation
Claims concerning non-conventionary provision of services have to be asserted towards Offroad Solutions Ltd. within a month after the conclusion of the event, as designated contractually. After the deadline has expired, the participant can only assert claims, if she/he was kept from complying with the deadline independent of negligence.
Claims by the participant become time-barred in 6 months. The statute of limitation begins with the day on which the event ends according to the contract. If the participant has asserted such claims, the statute of limitations is suspended until the day on which Offroad Solutions Ltd. rejects the claim in writing. The statute of limitations on entitlement to damages from bodily injury or death of the participant expires 3 years after the event has ended.
13. Passport, visa, customs, foreign exchange and health regulations
Provided it’s possible for Offroad Solutions Ltd., Offroad Solutions Ltd. will inform the participant of important changes in the general regulations, expressed in the event announcement, before the event begins. Offroad Solutions Ltd. takes no responsibility for the correctness of the given information, it generally only applies to German citizens. Insofar that Offroad Solutions Ltd. Is however liable, numbers 10, 11 and 12 apply accordingly. The participant is responsible for complying with the passport, visa, customs, foreign exchange, health, insurance and other entry regulations the individual countries have. Any and all disadvantages and costs arising from non-compliance with these provisions are assumed by the participant, even if provisions were changed after the registration.
14. Inefficacy of individual clauses
The inefficacy of individual clauses of the event contract does not result in the inefficacy of the entire contract.
15.Jurisdiction
The participant can only sue Offroad Solutions Ltd. in England. For claims by Offroad Solutions Ltd. against the participant, the participant’s place of residence is decisive, unless the claim is brought against general merchants or individuals, whose general place of jurisdiction isn’t located inland, or people, who have transferred their place of residence or main residence abroad, or whose place of residence or main residence is unknown at the time the complaint was filed. In these cases and for the judicial enforcement proceedings, the court of jurisdiction is Manchester.
Offroad Solutions Ltd. ; 8 Wingfield Avenue, Wilmslow, Cheshire SK9 6AL / England
Download: General Terms and Conditions
