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Terms and Conditions


Liability

Competitors participate at their own risk in our event. You, the individual, bear the sole civil and criminal liability for damaged caused to any person or vehicle used. To this extent, hereby no liability is agreed. Participants agree with the entry or the waiver of claims of any kind for any damages arising in connection with the event, against the organizers, marshals, medical staff, the track owners, sponsors, racing services, and other persons involved in the organization The event in communication and the subcontractors and agents of all the aforementioned persons and entities, except for damages resulting from injury to life, limb or health caused by a willful or negligent breach of duty - including a legal representative or an agent of the group of group of people - based, and except for any damage caused by an intentional or grossly negligent breach of duty - including a legal representative or an agent of the group of persons - are based; against the other participants (drivers), their assistants, the owner or holder of the other cars they give up claims of any kind for any damages arising in connection with the training or competitions (qualifying, scoring runs), except for damages resulting from injury to life, limb or health caused by a willful or negligent breach of duty - a legal representative or an agent of the group of persons - are based, and except for any other damages resulting from an intentional or grossly negligent breach of duty - based - including a legal representative or an agent of the group of people released from liability.

The disclaimer is effective against all those involved with the entry. It applies to claims for any legal reason, in particular for damages arising from contractual and non-contractual liability and for claims in tort. Implied liability exclusions shall not be affected by the above disclaimer.

DT Bike Promotion FT GmbH and all persons authorized by them, firms and institutions responsible for implementation of the travel and meeting the prescribed part of the travel offer exclusively within the legal limits. It shall be in accordance with applicable terms and conditions (especially for flights, etc). Consequential demages are excluded from liabilty.

Application

Registration for this event is done by submitting an entry to the organizer at the same time the paying entry. Here, only nominal froms (original or copy) of the operator or an application from on the internet http://www.motorrad-testcenter-andalucia.com are to be used.

Caution! A legal right to participate is not even in payment of the entry fee. Only after sending the final confirmation your application is deemed approved. The confirmation ia always sent after your payment for the event is received.

Insurances

Third party liability insurance

Race track packages include a free third-party liability insurance for every participant automatically. This third-party liability insurance covers injury to life, body or health of other participants. General and specific terms and conditions of insurance apply.

Health insurance

Affixing your signature asseverates the participant has a valid health insurance document for abroad, inasmuch as the event is not taking part in the country of his/her permanent residence.

Casualty insurance

At race track packages participants have the opportunity for additional casualty insurance, which cover permanent disability occurring from accidents on race tracks.

Insurance benefits: EUR 50.000 at invalidity/EUR 100.000 at total disability/EUR 10.000 in the event of death.

Of the daily accident insurance disabilty benefits will only be paid if 2.1.2.2.1. or 2.1.2.2.2 of motorsport accident insurance WRB 200 a degree of disabilty of at least 25% results in accordance with the provisions of the digits. In a modification of the Special Conditions for accident insurance with progressive disbility scale (200%) the power increases until a degree of disabilty of at least 80%.

In case of road tours and off road rides private accident insurance applies.

Travel cancellation insurance

General provisions

Section 1 - Persons insured

Persons insured are in the insurance policy persons mentioned by name or the indicated group of people.

Section 2 Trips insured

  • 1. Insurance cover insists for the insured journey respectively.
  • 2. For the purpose of this insurance conditions all private trips are included. Job-related trips refuse to accept as private trips.

Section 3 Start and end of insurance coverage

Insurance coverage

  • a) has to be concluded for the entire duration of the trip;
  • b) commences on the date agreed;
  • c) expires on the date agreed albeit not later than completion of the insured trip;
  • d) is extended beyond the agreed date if the scheduled termination of the trip is delayed due to reasons the insured persons are not responsible for.

Section 4 Insurance premium

  • 1. The insurance premium is to be due after conclusion of the insurance agreement and to be payed at the delivery of the insurance policy.
  • 2. In case the insurance premium has not been paid in the insured event, the insurance company is free of the obligation of the benefit.

Section 5 Exclusions

Uninsured are

  • a) Damage caused by war, civil war, war-like events, civil commotion, terrorist attacks, nuclear energy or other ionising radiation, strikes and other industrial action, confiscation and other acts of authorities;
  • b) Damages caused intentionally or by act of gross negligence by the insured person.

Insurance

Section 6 Obligations in the insured event

1. Insured persons shall

  • a) avoid everything that comes to unnecessary expenses (sue and labour clause);
  • b) to inform the insurance company about the damage immediately;
  • c) to allow the insurance company every reasonable investigation on reason and amounting of the duty to perform, to customize relevant information truthfully, to submit original documents and as the circumstances require to exonerate doctors in charge of their discretion.

2. In case one of those obligations is harmed the insurance company is freed of its duty of payment. The duty to perform remains in force if the infringement has neither been with intent, nor as an act of gross negligence. In case of the act of gross negligence the assurance benefit remains in effect as the infringement not effects the identifying or the scope of the performance obligation of the insurance company.

Section 7 Compensatory damages

After identifying the duty to perform on the merits and to the extent, disbursal has to be made within two weeks.

Section 8 Claims against third party

1. Claims for compensation against third parties devolve upon the insurance company according to legal standing and hight. 2. If necessary the insured person is committed to assign claims for compensation to the insurance company.

Section 9 Special reasons/Time limit for action

Insurance company is freed of its obligation of payment if a) the insured person acts with malicious deceptions about the circumstances of the insured event, which are significance for the finding of the merits and to the extent or if the person makes a voluntary misstatement, notably at the advice of damage, even though if those facts are uninjurious for the insurance company. b) if the reimbursement is rejected and the entitlement to benefits are not asserted on claims in court. The grace period only commences after the challenge of the right by the insurance company, considering the grace period of the written legal consequence.

Section 10 Jurisdiction/Applicable law

1. Competent court of jurisdiction for actions against the insurance company is Munich or the office of the broker. 2. Where legally permissible, German law applies.

Section 11 Report and declarations of intent

Charges and declarations of intention by the insured person or the insurance company are subject to textual form (e.g. letter, fax, email), if not particularly defined differently. Brokers are not empowered to take delivery.

Travel cancellation insurance

§1 Object insured

1. The insurance company reimburses the contractual cancellation costs to the agreed amount assured forasmuch

  • a) the insured person or persons at particular risk are affected by one of the hereinafter mentioned occurrences,
  • b) the occurrence has not been foreseeable at the event of booking the journey,
  • c) cancellation results from the mentioned event and
  • d) the implementation of the journey therefore has been unreasonable.

2. Insured events are

  • a) Death;
  • b) severe accidental injury;
  • c) unexpected severe illness;
  • d) Pregnancy;
  • e) Incompatibility of vaccination;
  • f) Fracture of prostheses and easing of implanted joints;
  • g) Damage of private ownership due to fire, explosion, storm, thunderbolt, high flood, avalanche, volcanic eruption, earthquake, slumping or criminal offence by third parties, only if the damage is substantial or the attendance of the insured person is necessary for the measure of damages;
  • h) Loss of job due to unexpected made redundant by employer;
  • i) if the person temps-to-perm, forasmuch as the person was reported redundant at the time of travel booking.

3. Persons at particular risk are

  • a) relatives of the insured person. Those are the spouse or domestic partner or longtime companion living in companionship, children, parents, adoptees, parents by adoption, stepchildern, stepparents, grandparents, siblings, grandchildrens, parents-in-law, son- and daughter-in-law as well as brothers-in-law of the insured person;
  • b) those taking care for not-travelling infants or care recipients of the insured person (caregivers);
  • c) fellow passengers including their relatives and caregivers, forasmuch not more than four persons booked the event together. Fellow passengers dependents are always considered as persons at particular risk.

§ 2 Exclusions

Insurance cover becomes void

  • a) inasmuch as the medical condition results from wartime events, civil commotion, act of terrorism, aviation accident or resulting from the apprehension of wartime events, civil commotion or terrorist act;
  • b) with chronic psychologically diseases, also in case occuring spasmodic;
  • c) if the by the insurance company commissioned independent examining doctor (also see § 3 Nr. 3c) does not confirm the inability to travel;
  • d) at medical measures on non-endogenous viscera and other therapeutic appliances.

§ 3 Obligations at the insured event

1. It is mandatory for the insured person to cancel the journey at the vindication of the reason for the cancellation immediately in order minimize cancellation costs.

2. It is mandatory for the insured person to submit the following documents:

  • a) insurance certificate, accounting records and the invoice of the cancellation costs;
  • b) in case of severe accidental injuries, unexpected severe disease, pregnancy, incompatibility of vaccination, fracture of prostheses and easing of implanted joints a medical certificate is required, in case of mental illness a medical certificate of a psychiatric consultant is required;
  • c) in the event of death a death certificate;
  • d) for damage to private ownership a appropriate certificate (e.g. police report);
  • e) at loss of employment the redundancy notice of the employer;
  • f) at admission of an employment relationship the resolution on revocation of the employment agency and a copy of the recent employment agreement by way of proof;
  • g) in case of cancellation of a holiday apartment, campervan, caravan or chartering a boat a confirmation of the lessor about the non-rentability of the property.

3. It is mandatory for the insured person to furnish proof of the insured event by request of the insurance company,

  • a) to submit a certificate of disability plus as the circumstances require a certificate made by the medical specialist;
  • b) to entitle the insurance company to review the question of the non-ability to travel due to serious accidents or unexpected severe illness by a survey of an medical specialist;
  • c) to undergo a medical check by a independent examining doctor commissioned by the insurance company.

4. In the event of the infringement of the mentioned obligations the insurance company is freed of its liabilities. The duty to perform will remain unaffected forasmuch as the infringement results neither from an act of gross negligence nor malice. In case of grossly negligent infringement the insurance company is committed to its insurance benefits as the infringement did not affect the circumferences of the performance obligation of the insurance company.

§ 4 Excess

The excess per insurance case amounts to 20% of the recoverable damage, at least EUR 50 each, and has to be covered by the insured person itself.

§ 5 Insurance value/underinsurance

1. The amount assured per journey has to correspond with the total amount of the journey (actuarial value). Expenses not included (such as add-on programmes) are not co-insured if not considered at the actuarial value).

2. If in insurance case the amount insured is less than the actuarial value (underinsurance) the insurance company only is liable for the proportional value between the amount insured and the actuarial value, deducting the percentage excess.

Closing date

Closing deadline is 20 days before their respective programme segment.

Late applications may be accepted by the organiser individually. Additional charges due to increased air fares may be divided among the participant.

Reimbursement of entry fee in case of cancellation

In case of a refusal of the event by participant the following cancellation terms apply:

without travel cancellation insurance

Commencement of the event is the opening of the registration office at the eve of the first riding day.
Cancellation of the entry until 90 days before the event: entry fee will be partial refunded deducting EUR 300
Cancellation of the entry until 50 days before the event: entry fee will be partial refunded deducting EUR 500
Cancellation of the entry until 10 days before the event: entry fee will be partial refunded deducting EUR 700
From 9 days onward prior to the start of the event a refund of the entry fee is not possible without a valid travel cancellation insurance.

include travel cancellation insurance

For conditions of insurance of the travel cancellation insurance please see "Insurances" (Excess 20%, at least EUR 50)
The travel cancellation insurance is available in the booking process from 49 EUR

General conditions and regulations

The at the event appointed motorcycles and vehicles derive from the 2018 series of models. Factory predefined maximum rev-limit has to stay activated until the minimum mileage has been reached. Only in individual cases the engines of the motorbikes will have been ran-in prior to the event. Motorbikes will have tires mounted, that are appropriate for the purpose of the event. Upon the offered configuration of motorbikes and tires neither the right of resignation nor the claim for refund of DT Bike Promotion Fahrertrainings GmbH, its commissioned persons or companies and institutions or with respect to its partners, arises for the participants.

In case of a cancellation or abandonment of the event for reasons the organiser is not responsible for, participation fee forfeits.

Wearing apparel

It is compulsory to wear appropriate protective gear for all participants (race track: undamaged full-face helmet, leather suit, leather boots, leather gloves, back protector).

Rights

DT Bike Promotion Fahrertrainings GmbH reserves the right to use photos, videos, shootings, etc. made during the event and the usage of the participant's address for own advertising purposes. This includes also disclosure of information to partners of the event.

The riders briefings are compulsory before riding for every participant of the event. A valid time schedule will be posted on site of the event. Schedule is subject to change without prior notice.

General safety restrictions at the racetrack

Access to security zones, especially gravel traps, is strictly prohibited to all unauthorized persons. This also includes pit lane. At the pit lane a strict smoking ban applies. The pit lane is a one-way road. At the pit lane walking speed is compulsory. Motorbikes have to be pushed counter-roads of the pit lane. At the whole paddock area walking speed is compulsory for all vehicles. Offences will be avenged with the immediate exclusion or the expel of the participant of the venue and/or the event. Riding on the pit lane is strictly prohibited for children until the completion of the 14th year of age. This is effective forthwith for waiting at the pit lane. There appears a ban for domestic animals at most race tracks. The site rules of the respective race track applies.

Instructions

Every participant and helper has to follow the instructions of the event's direction and its commissaries. Implications of contraventions and offences against the contents of the terms and the during riders briefings announced rules and manners, especially concerning danger occurring from recklessly riding, will lead to the exclusion of the event. In case of causing permanent damages maliciously at the race track or at the venues surrounding the race track (esp. burn outs etc.) the participant is held responsible for the loss occurred.

Organizer

DT Bike Promotion Fahrertrainings GmbH, Hinter dem Südbahnhof 15A, 07548 Gera, Germany

Date: 2015-10-27 16:00