General terms and conditions

Subject of these general terms and conditions

The subject matter of these contractual terms and conditions is the regulation of rights and obligations in connection with participation in Mercedes-Benz Driving Events and the associated services. For details, please refer to the respective service description for the Mercedes-Benz Driving Event you have selected on our website.

Organizer and contractor

Mercedes-Benz AG has commissioned BKP GmbH to organize the Mercedes-Benz Driving Events. The organizer of the Mercedes-Benz Driving Events and contractual partner of the participant (or registrant) is BKP GmbH, Münchner Straße 24, 85774 Unterföhring (hereinafter referred to as "BKP").

Conclusion of contract

• By registering, the applicant submits a binding contractual declaration (binding offer) to BKP for the conclusion of a contract for the respective event booked, including any travel services offered for this purpose.
• The applicant can select the desired event from the Mercedes-Benz Driving Events and book it online by clicking on the "Register for payment" button. Before submitting the registration, the applicant can change and view the data at any time. However, the registration can only be submitted and transmitted if the registrant agrees to the terms and conditions by clicking on the button "I agree to the General terms and conditions of the organizer BKP GmbH" accepts these contractual conditions and thereby submits his binding offer. Immediately after sending the registration, the applicant will receive an e-mail stating that the registration has been received (confirmation of receipt). This e-mail does not yet constitute acceptance of the contract. BKP will send the applicant a separate confirmation of participation, which at the same time represents the acceptance and thus the conclusion of the contract.
• The registration as well as the general terms and conditions will be stored at BKP and sent to the applicant after conclusion of the contract, including the description of the services booked by the applicant in text form (by e-mail). For the conclusion of the contract the German and English language is available.

Rights and obligations of the participants

• Participation in the events is only permitted to persons who are holders of a valid driving license for driving passenger cars in the country of the event and who have not been banned from driving by the authorities. The participant is obliged to allow inspection of his driving license.
• During the driving events there is an absolute prohibition of drugs and alcohol (0.0 per mille). In the event of violations of this regulation, BKP is entitled at its own discretion to exclude the participant from further participation. A refund of the participation fee will not be made in these cases.
• The participant must behave in a disciplined manner during the driving events and follow the instructions of the instructors without fail. The training vehicles will be provided. There is no entitlement to a specific vehicle.
• The participant is responsible for obtaining and carrying the necessary official travel documents, any required vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from the non-observance of these regulations shall be borne by the participant. This does not apply if BKP has not, insufficiently or incorrectly informed.

Prices and payments

• Details on the prices to be paid for the event can be found in the corresponding service description.
• Payment is due upon receipt of the confirmation of participation and the invoice and, unless otherwise agreed, must be paid within two (2) weeks. For registrations within four (4) weeks prior to the start of the event, the invoice must be paid immediately.
• Prerequisite for the dispatch of airline tickets (if this is the subject of the contract) is the receipt of payment in full of the invoice amount.
• If the invoice is sent at least six (6) weeks prior to the start of the event and not paid in full at least four (4) weeks prior to the start of the event, BKP is entitled to withdraw from the contract and claim damages in the amount of 50 % of the event price if BKP has notified the participant of the due payment within a reasonable period of time, provided that there was not already a defect entitling to withdrawal at that time. The right of the registrant to prove that BKP has not suffered any damage or that the damage is significantly less remains unaffected.

Accompanying persons

• Accompanying persons must be registered. For this, BKP charges a flat rate for meals per accompanying person, the amount of which depends on the selected event. In addition, accommodation and other costs may be incurred. Accompanying persons are not allowed to drive any vehicle. There is no entitlement to a ride as a passenger.
• Spectators and accompanying persons not registered as participants are not permitted on the training grounds; no liability is assumed. Since the team on site is intensively dedicated to the participants during our events, a supervision of spectators and accompanying persons is not possible.

Insurances and deductibles

• The participant fee includes accident insurance for the duration of the training with the following benefits:
• in the event of death: EUR 260,000;
• in case of disability EUR 500.000,- (in case of disability compensation is provided only if the determined degree of disability is more than 33 %);
• Salvage costs allowance up to EUR 10,000.
• In the event of damage to the vehicles provided by BKP for which the participant is responsible, the participant must reimburse an amount of up to EUR 1,000.00 (deductible). The right of the participant to prove that no damage or a reduction in value occurred at all or to a significantly lower extent remains unaffected. BKP can release the participant from this obligation if the damage occurred during a driving exercise in which the participant demonstrably followed the instructor's instructions.
• If the insurer is released from liability as a result of intent or gross negligence on the part of the participant, or if damage occurs as a result of the participant's fault that is not covered under the comprehensive insurance policy, the participant shall be liable for all damage caused by him or his companion.
• It is recommended to take out additional travel cancellation insurance, health, accident and private liability insurance as well as insurance to cover repatriation costs in case of accident or illness.

Right of withdrawal, cancellation fees and substitute participants

• The registrant is entitled to withdraw from the contract at any time before the start of the event (cancellation) in accordance with § 651i BGB. The possible legal right of withdrawal remains unaffected. If the applicant withdraws, the following cancellation fees will be charged instead of the participation fee:
• Cancellation policy for individual participants for summer events:

1. from registration until 71 days before the event: 10 % of the participation fee
2. from the 70th day until the 30th day before the start of the event: 20 % of the participation fee
3. from the 29th day until the 8th day before the start of the event: 30 % of the participation fee
4. from the 7th day until the 4th day before the start of the event: 60 % of the participation fee
5. from the 3rd day before the start of the event: 90 % of the participation fee.

• Cancellation policy for individual participants for winter events:

1. up to 90 days before the start of the event: 20 % of the participation fee
2. from the 89th day until the 30th day before the start of the event: 50 % of the participation fee
3. from the 29th day until the 14th day before the start of the event: 80 % of the participation fee
4. from the 13th day before the start of the event: 90 % of the participation fee.

• Cancellation conditions for group bookings from 5 persons in summer and winter:

1. up to 90 days before the start of the event: 20 % of the participation fee
2. from the 89th day until the 30th day before the start of the event: 50 % of the participation fee
3. from the 29th day until the 14th day before the start of the event: 80 % of the participation fee
4. from the 13th day before the start of the event: 90 % of the participation fee.

• The applicant always has the right to prove that BKP has not suffered any damage or that the damage is significantly lower than the calculated cancellation fee.
• If the booking of the event was made in part or in full on the basis of a value or non-cash voucher and if, in the event of cancellation, the voucher has a residual value after deduction of the cancellation fees incurred, the registrant will receive a value voucher in the amount of the residual value and with the remaining term of the original voucher. The original value or non-cash voucher loses its validity in this case.
• In accordance with § 651b BGB, the participant is entitled to name a substitute participant. As a substitute participant can only be named a person who meets the participation requirements (paragraph 4 of these terms and conditions). The substitute participant is jointly and severally liable with the original participant for the tour price and any additional costs arising from the entry of the substitute participant.

Right of withdrawal

• On the basis of statutory provisions, the applicant shall have a right of revocation - subject to the statutory exceptions set out below - if

1. the contract is concluded by a natural person for a purpose that cannot be attributed to either the commercial or the independent professional activity of the applicant and the contract that comes into existence with acceptance by BKP is therefore a consumer contract within the meaning of Section 312 (1) BGB and
2. the contract is concluded using exclusively means of distance communication (e.g. booking via the Internet, telephone hotline or by e-mail) (distance contract within the meaning of Section 312c (1) of the German Civil Code) or
3. was concluded or initiated outside the business premises of BKP.

• A right of withdrawal does not exist if

1. the contract concluded with BKP via distance selling provides for a specific date or period for the provision of the owed service (e.g. booking of a specific event date already upon registration),
2. the service owed by BKP within the scope of a contract concluded at a distance also includes (at least) an overnight stay in addition to the training and thus a travel service within the meaning of § 651a BGB, or
3. the contract for a travel service within the meaning of § 651a BGB initiated or concluded outside the business premises of BKP is based on verbal negotiations conducted upon prior order of the consumer/registrant.

• In the event of a revocation, any voucher provided shall lose its validity. A return is therefore not necessary. Invalid vouchers must be destroyed immediately and may no longer be used.

CANCELLATION POLICY

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must contact us (BKP GmbH, Münchner Straße 24 85774 Unterföhring, phone +49 (0) 89-950 60 51, fax +49 (0) 89-950 60 79, e-mail: info@mercedes-benz.driving-events.de) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we must return to you all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

END OF THE CANCELLATION POLICY

BKP services and service changes

• If the minimum number of participants specified for the respective event is not reached, BKP reserves the right to postpone or cancel the event up to 14 days before the start of the event. In this case BKP will refund the participant fee. In case of cancellation, the contractual partner can demand participation in an equivalent other training, if BKP is able to offer such a training from the offer without additional costs for the contractual partner (substitute event). The contractual partner must assert this right against BKP immediately after the declaration of the cancellation of the event.
• BKP also reserves the right to cancel events due to weather and weather conditions (e.g. for winter trainings due to lack of snow). In case of cancellations by BKP, BKP will refund the participant fee. Costs for individual travel (if not subject of the contract and performance of BKP), are excluded from reimbursement in this case.  
• If the trip is significantly impeded, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract, both the tour operator and the traveler may terminate the contract (§ 651j BGB). Even in the event of termination, the participant owes BKP the portion of the tour price attributable to the services already used; this does not apply if the services already provided are of no interest to the participant as a result of the termination of the contract. The additional costs for return transportation shall be borne by the parties in equal parts. BKP is obliged to take the necessary measures as a result of the termination of the contract, in particular, if the contract included return transportation, to transport the participant back. The additional costs incurred as a result of these measures shall be borne by BKP. Otherwise, the additional costs shall be borne by the participant.

Defect rights

• If the event is not provided in accordance with the contract, the participant can demand remedy from BKP (§ 651c BGB). The notification of defects must be made immediately to the tour guide. BKP can only refuse the remedy if it requires a disproportionately large effort. The participant is obligated to do everything reasonable to contribute to a remedy of the defect and to keep any resulting damage as low as possible or to avoid it altogether.
• The travel price shall be reduced for the duration of the event if it is not provided in accordance with the contract (§ 651d BGB). However, the reduction does not occur if the participant has culpably failed to report the defect immediately, provided that the remedy would have been possible with a timely notification and the notification was also not dispensable for other reasons.
• If the event is significantly impaired by deficiencies, the participant may terminate his participation in the event within the framework of the statutory provisions. The same applies if the participant cannot reasonably be expected to travel as a result of such a deficiency for an important reason that is recognizable to BKP. In both cases, termination is only permissible if BKP has allowed a reasonable period of time determined by the participant to elapse without taking remedial action. The determination of a deadline is not required if the remedy is impossible or refused by BKP or if the immediate termination of the contract is justified by a special interest of the participant. Even in the event of termination, the participant owes BKP the portion of the travel price attributable to the services already used; this does not apply if the services already provided are of no interest to the participant as a result of the termination of the contract.
• If the event is not provided in accordance with the contract, the participant can demand compensation without prejudice to reduction and termination, unless the defect in the trip is due to a circumstance for which BKP is not responsible.
• A contractual liability of BKP for damages that are not personal injuries is limited to three times the travel price (§651h BGB). The limitation does not apply if damage to the participant was caused intentionally or through gross negligence by BKP or one of its vicarious agents or if BKP is solely responsible for damage incurred by the participant due to the fault of a service provider. If international agreements or legal regulations based on such agreements apply to a travel service to be provided by a service provider, according to which a claim for damages only arises or can only be asserted under certain conditions or limitations or is excluded under certain conditions, BKP can also refer to this vis-à-vis the participant.

Liability

• Participation in the Driving Events is at your own risk.
• Clause 11.5 shall apply to contractual claims for damages.
• For non-contractual claims for damages, in particular those arising from tort, which are not based on intent or gross negligence, BKP is only liable up to the amount of three times the travel price (§ 651h BGB).
• Any further claims for damages shall be excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (so-called cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by BKP, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
• In the event of a breach of material contractual obligations, BKP shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
• If the subject matter of the contract also includes an overnight stay, BKP is liable for contractual damages, which are not bodily injuries, to the triple travel price, insofar as a damage of the participant was caused neither intentionally nor grossly negligently or insofar as BKP is responsible for a damage incurred by the participant solely due to the fault of a service provider.
• The personal liability of BKP's legal representatives, vicarious agents and employees for damage caused by them through simple negligence is excluded.
• Insofar as a claim for damages against the service provider can only be asserted under certain conditions or limitations or is excluded under certain conditions due to international agreements or legal regulations based on such agreements which are applicable to the services to be provided by a service provider, a claim for damages can also not be asserted or can only be asserted against BKP under these conditions.

Exclusion of claims, statute of limitations

• Contractual claims due to non-contractual provision of the event must be asserted against BKP within one month after the contractually stipulated end of the event. Otherwise they are excluded. After expiry of the deadline, the claims can only be asserted if the participant was prevented from meeting the deadline through no fault of his own.
• The assertion of the defect rights should be made in writing or by fax for documentation purposes and to avoid later problems of proof.
• Contractual and non-contractual claims of the participant are subject to a limitation period of one year. This does not apply to personal injury or damage caused intentionally or by gross negligence. The limitation period begins with the day on which the event should end according to the contract.

Privacy

Subject this privacy policy

With this data protection notice, we inform you about the processing of your personal data in connection with registration and participation in our events, as well as about the rights to which you are entitled.

Who is responsible for data protection?

BKP GmbH, Münchner Straße 24, 85774 Unterföhring, Tel.: 0049 (0) 89/ 950 903-0, datenschutz@bkp-gmbh.de (hereinafter referred to as: "BKP").

How can you reach our data protection officer?

BKP GmbH, Münchner Straße 24, 85774 Unterföhring, the data protection officer, Tel.: 089 950 903-0, datenschutz@bkp-gmbh.de.

What data do we process?

BKP only processes personal data that we require in connection with the event and the associated registration. This includes first and last name, date of birth, address, telephone number and e-mail address (participant or registration data) and your billing address as well as advertising and sales data (e.g. to advertise events potentially of interest to you).

What do we process your data for (purpose of processing) and on what legal basis?

Based on your consent to data processing (Art. 6 para. 1 letter a DS-GVO)

If and insofar as you have given your consent to the processing of personal data, the respective consent is the legal basis for the processing mentioned there. This concerns, for example, the receipt of electronic customer information (advertising and sales data). You can revoke consent at any time with effect for the future.

For the fulfillment of contractual obligations (Art. 6 para. 1 letter b DS-GVO)

Your data is processed for the initiation or execution of our event contracts with you, i.e., for example, for the provision of our services (execution of events and booking of trips.

Due to legal requirements (Art. 6 para. 1 lit. c DS-GVO)

BKP is subject to various legal obligations that entail data processing. These include, for example, tax laws, especially in the context of statutory accounting. Thus, we are required by law (German Fiscal Code -AO) to store invoices and accounting data for 10 years.  

Who do we share the data with?

Your data will only be passed on by BKP within the company to those departments of BKP that need it to fulfill their contractual and legal obligations or to perform their respective tasks (e.g. customer consultants, sales and marketing). In addition, external bodies will only receive your data without exception if they have been contractually obligated by us to their duties as processors (Art. 28 DS-GVO) and ensure that they process your data in accordance with our instructions. This includes, for example, payment service providers and service providers in the area of travel and logistics. In addition, we only pass on data to persons for whom you have given us your consent to transfer data.

Do we transfer data to third countries?

Your data will only be processed within the European Union and states within the European Economic Area (EEA). Otherwise, you will always be informed separately in advance by BKP, including the right to separately object to such data transfer at any time. 

How long do we store your data?

BKP stores your personal data only as long as this is necessary for the provision of the associated contractual services. This includes, in addition to the duration of the actual event, data processing in the context of the initiation and execution of the associated contracts as well as data processing for the purpose of subsequent contact and comparison with previous events, but no longer than 5 years after the last communication after the completed event. In addition, BKP is subject to various storage and documentation obligations, which result, among other things, from the German Commercial Code (Handelsgesetzbuch) as well as from tax regulations (Abgabenordnung - AO). The periods specified there for storage and documentation are five to ten years. Finally, the storage period is also assessed according to the statutory limitation periods, which can be two years, for example, according to the German Civil Code.

Is there an obligation to provide the personal data?

Within the scope of our business relationship, you only have to provide the personal data that is required for the establishment, implementation and termination of the event. Otherwise, however, the conclusion of the contract and participation in the events are not possible. The provision of personal data is not required by law beyond this.

Do we use automated decision making in individual cases?

For the establishment and implementation of the business relationship, we generally do not use automated decision-making pursuant to Art. 22 DS-GVO. Should we use these procedures in individual cases, we will inform you about this separately.

To what extent do we use your data for profiling?

BKP does not resort to so-called "profiling" according to Art. 4 No. 4 DS-GVO within the scope of the application and registration process. However, within the scope of our newsletter service, we create a user profile based on the subscriber data. This includes the processing of the zip code, the type of training previously booked (e.g. targeted targeting of professional drivers) and the age (special concepts for young drivers at special prices).   

What rights do you have?

You have the right to request confirmation at any time as to whether we process personal data and the right to information about this personal data. In addition, you have the right to rectification, erasure and restriction of data processing, as well as the right to object to the processing of personal data at any time, or to withdraw consent to data processing at any time, or to request data transfer. In addition, you have the right to complain to a supervisory authority in the event of data protection violations.

Separate notice of your right to object

Final provisions and severability clause

• Contracts between BKP and the contractual partner shall be governed by the laws of the Federal Republic of Germany - in particular §§ 651a et seq. of the German Civil Code (BGB) - to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
• If the contractual partner of BKP is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships is the registered office of BKP.
• The contract language is the German language. Even in the event of a translation of the contract, the German version of the contract alone shall remain legally authoritative. It is the sole responsibility of the participant whether he translates the original German version of a contract. Insofar as BKP provides the participant with a translation, this is done without legal obligation and to the exclusion of any warranty on the part of BKP as well as to the exclusion of any contractual and non-contractual liability on the part of BKP. Excluded from this are cases of intent.

• The European Commission provides an online dispute resolution (ODR) platform that consumers can use to resolve a dispute arising from online contracts with a company established in the EU out of court. This can be found at http://ec.europa.eu/consumers/odr/ .
• Notice pursuant to § 36 Consumer Dispute Settlement Act (VSBG): BKP will not participate in any dispute settlement proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Settlement Act (VSBG) and is not obliged to do so.
• The contract shall remain binding in its remaining parts even if individual points are legally ineffective. In such a case, the contracting parties undertake to replace the invalid provision with a new, valid provision that comes as close as possible to the economic purpose of the invalid provision. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective. The same procedure shall be followed if a loophole becomes apparent during the execution of the contract.