TERMS AND CONDITIONS OF PARTICIPATION
TERMS AND CONDITIONS OF PARTICIPATION / ENTRY CONDITION
1. Type of events
a) ALPINA Burkard Bovensiepen GmbH + Co. KG holds events, in which participants are given the opportunity to receive lessons on driving safety on grounds closed to the public
b) The active driving elements of ALPINA Burkard Bovensiepen GmbH + Co. KG events are not competitive by nature, but are aimed at improving participants’ driving skills and driving safety in order to ensure greater safety in everyday traffic, thereby contributing to an improvement in the general accident statistics (enhanced technical knowledge, improved vehicle control and responsiveness, early recognition of and correct response to dangerous situations or special weather conditions). The active driving content is not geared towards achieving maximum speeds or determining the shortest driving time. Any kind of timekeeping is expressly prohibited.
2. Goals of events
a) Improving driving skills
b) Driving safety (interaction human – car – street)
c) Promotion of security awareness
d) Improvement of technical knowledge
e) Improvement of ability to react
f) Early recognition of and correct reaction in dangerous situations (also weather-related situations)
g) Correct reaction in dangerous situations
3. Registration for participation
By registering, the participant is making ALPINA Burkard Bovensiepen GmbH + Co. KG a binding offer to conclude a contract. Registration can take place using the registration form. The contract is concluded upon ALPINA Burkard Bovensiepen GmbH + Co. KG’s acceptance of the offer. If ALPINA Burkard Bovensiepen GmbH + Co. KG accepts the offer, it will send written confirmation of participation within two weeks.
4. Requirements of participation
a) Participants in the event must be at least 18 years of age.
b) The event is only open to holders of a valid driving licence that has not been banned from driving. A racing licence does not exempt potential participants from the above requirements.
c) The participant confirms by registering that he/she holds a valid driving licence. The participant is also obliged to show his/her driving licence to the event organiser at the start of the event. Participants not in possession of an EU driving licence or a Swiss driving licence must prove their eligibility to drive by means of their national driving licence and an international driving licence or their national driving licence and an official translation (German or English).
d) Please note that participation is only possible with a BMW ALPINA automobile with all-wheel drive and winter tyres (minimum tread depth of 4 mm in Austria) (participation is not possible with vehicles that have been issued with red transit plates or temporary number plates). The automobile has to be roadworthy and in perfect technical condition. There must be no open services dates. The participant must be the owner and holder of the automobile. It is highly recommended to carry a tow hook in the vehicle.
By registering, the participant confirms that he/she has taken out valid motor vehicle liability insurance for the vehicle that he/she will be using.
e) Noise measurements will be taken; vehicles exceeding the noise limits permitted by the circuit operator may be barred.
f) The participant agrees to follow the instructions of the organisers during the event. In particular, he or she shall observe all applicable rules that are relevant for the event related to the coronavirus pandemic and the associated hygiene requirements and hygiene measures, even if these go beyond the statutory measures in force at the time of the event.
g) The event organiser reserves the right to exclude from the event any participants or vehicles not meeting the requirements listed under 4. a) – f) above.
5. Accompanying persons
a) The prices for accompanying persons can be found on the event website.
b) Accompanying persons must also be at least 18 years of age. The same conditions apply to accompanying persons as to the other participants, unless otherwise specified.
c) Accompanying persons are prohibited from driving any vehicles themselves.
d) Accompanying persons are not entitled to a ride as a passenger when they are not registered as active passenger.
6. Pets
Pets are not allowed.
7. Payment
a) The prices for the event can be found on the event website. Prices are in euros and include statutory VAT. The following services are covered in the participation fee:
Winter driving training from experienced instructors (via radio communication) on closed-off, freshly prepared terrain
- 1x overnight stay in the 5-star hotel “Das Central” in Sölden with breakfast buffet and use of the wellness area
- 2x three-course lunch with drinks
- 1x five-course dinner menu with drinks and ALPINA wine accompaniment
- 1x coffee break
- Toll fees for the Ötztal Glacier Road
- Winterfahrtraining durch erfahrene Instruktoren (via Funk verbunden) auf abgesperrten, frisch präparierten Flächen
b) The participation fee must be paid in advance before the event and is due immediately upon receipt of the invoice. Payments should be made by bank transfer to the bank account specified.
c) If ALPINA Burkard Bovensiepen GmbH + Co. KG does not receive the full payment on time and if it remains unpaid after a period set in a reminder, ALPINA Burkard Bovensiepen GmbH + Co. KG may withdraw from the contract and claim the cancellation fees specified under 8. c) (Cancellation).
d) Further claims on the part of ALPINA Burkard Bovensiepen GmbH + Co. KG remain unaffected by this.
8. Cancellation
a) The participant may withdraw from the contract at any time prior to the beginning of event (cancellation). The registration must be cancelled in writing. The timeliness of the cancellation will be determined by the date of its receipt.
b) If the participant cancels his/her registration, the following cancellation fees will be charged as a proportion of the participation fee as compensation in accordance with Section 651i (3) of the German Civil Code (BGB):
- Cancellation up to 60 days before the event: 25 %
- Cancellation up to 21 days before the event: 60 %
- Cancellation 20 days before the event: 90 %
The right of the cancelling participant to prove that ALPINA Burkard Bovensiepen GmbH + Co. KG has not suffered any damage at all or considerably less damage remains unaffected.
c) Instead of the flat-rate cancellation fees specified in 8. b), ALPINA Burkard Bovensiepen GmbH + Co. KG may, at its discretion, also demand compensation for the specific damage (loss) incurred.
d) If the event is cancelled because the minimum number of participants has not been reached, or because tightened Corona (SARS-CoV-2) safety and travel regulations has been enacted from the government, no loss will be claimed – either as a flat-rate (8. b) or specific (8. c) cancellation fee. Any payments that have been made will be refunded without undue delay.
e) No travel cancellation insurance is included in the price for the event.
9. Services by ALPINA Burkard Bovensiepen GmbH + Co. KG / Changes to services
a) In principle, the scope of the contractual services is set out on the information page of ALPINA Burkard Bovensiepen GmbH + Co. KG’s homepage and in the confirmation of participation.
b) Changes to individual services and deviations from the agreed content of the event contract that become necessary after the contract has been concluded and that have not been caused in bad faith by ALPINA Burkard Bovensiepen GmbH + Co. KG may only be made by ALPINA Burkard Bovensiepen GmbH + Co. KG if these changes and deviations are not material and do not impair the overall character of the booked event. If the amended services are defective, any warranty rights remain unaffected.
c) The journeys to and from the initial meeting point must be organised by the participants themselves.
d) The participant must organise his/her own vehicle. If the participant’s vehicle suffers technical problems or is damaged during the event, ALPINA Burkard Bovensiepen GmbH + Co. KG will not provide a replacement vehicle. If ALPINA Burkard Bovensiepen GmbH + Co. KG voluntarily offers technical support for the participant’s own vehicle during individual events, any parts used and time spent by the mechatronics engineer will be invoiced. Repair costs are not included in the event price.
10. Safety regulations / Instructors' right to give instructions / Exclusion from participation
a) The participating vehicle must be free from technical defects of any kind, as written in 4. d).
b) The participants are obliged to wear a safety belt and a helmet at all times when driving.
c) The instructors’ directions must be followed unconditionally.
d) The participant must not be under the influence of alcohol and/or other intoxicating substances during the driving periods. This also includes any kind of medicine that may impair the participant’s ability to drive. The consumption of alcohol and/or other intoxicating substances before or during the driving periods is forbidden. ALPINA Burkard Bovensiepen GmbH + Co. KG reserves the right to immediately exclude any suspected alcoholism. Participants suffering from health-related or other restrictions that might in a particular case impair the safety of the event are not eligible to participate. It is forbidden to use mobile phones and/or smoke while driving.
e) The training ground may only be accessed by persons who have been registered as drivers.
f) ALPINA Burkard Bovensiepen GmbH + Co. KG reserves the right to exclude individual participants from the event if they do not meet the requirements for participation under 4. or 10. a) – f) or otherwise endanger themselves or third parties. The participation price will not be refunded in such cases. Any additional costs will be paid by the excluded participant.
11. Termination of the contract due to force majeure / Termination where performance cannot be reasonably expected
a) If the event is made considerably more difficult, jeopardised or impaired as a result of unforeseeable force majeure, both ALPINA Burkard Bovensiepen GmbH + Co. KG and the participant can terminate the contract in accordance with Section 651j BGB. In particular, he or she shall observe all applicable rules that are relevant for the event related to the coronavirus pandemic and the associated hygiene requirements and hygiene measures, even if these go beyond the statutory measures in force at the time of the event.
b) In the event of other circumstances, for which ALPINA Burkard Bovensiepen GmbH + Co. KG is not responsible, and which considerably complicate, endanger or impair the proper execution of the event (e.g. weather conditions, or tightened Corona (SARS-CoV-2) safety and travel regulations has been enacted from the government), ALPINA Burkard Bovensiepen GmbH + Co. KG can refrain from carrying out the event for safety reasons and terminate the contract.
c) If ALPINA Burkard Bovensiepen GmbH + Co. KG or the participant terminates the contract in accordance with 11. a) or 11. b), ALPINA Burkard Bovensiepen GmbH + Co. KG may demand reasonable compensation for the services already rendered and still to be rendered for the termination of the event. ALPINA Burkard Bovensiepen GmbH + Co. KG is obliged to take those actions necessary as a result of the termination.
12. Warranty rights
a) Redress and duties to cooperate
If the event is not provided in accordance with the contract, the participant may demand redress. ALPINA Burkard Bovensiepen GmbH + Co. KG can refuse this redress if it requires a disproportionate effort. The participant is obliged to do everything reasonable to cooperate in remedying the defect and in minimising or completely preventing any potential damage. Specifically, he/she is obliged to notify the event management of any defects without undue delay.
b) Reduction of the event price in accordance with Section 651d BGB
The event price will be reduced for any period of time during which the event is not conducted in accordance with the contract. The reduction will not apply if the participant has culpably failed to notify anyone promptly of the defect, provided that it would have been possible to remedy the defect had notification been received in good time and unless notification was unnecessary for other reasons.
c) Termination of the contract in accordance with Section 651e BGB
If the event is significantly impaired as a result of a defect, the participant may terminate his/her participation in the event within the scope of the statutory provisions. The same applies if, as a result of a defect of this type, the participant cannot be expected to attend the event for a compelling reason discernible by ALPINA Burkard Bovensiepen GmbH + Co. KG. In both cases, termination is only permissible if ALPINA Burkard Bovensiepen GmbH + Co. KG does not provide redress within a reasonable period set by the participant. There is no need to set a grace period if redress is impossible or refused by ALPINA Burkard Bovensiepen GmbH + Co. KG, or if an immediate termination is justified by a special interest on the part of the participant. Even in the event of a termination, the participant will owe ALPINA Burkard Bovensiepen GmbH + Co. KG a proportion of the event price in accordance with the cancellation conditions (7. b).
d) Compensation under Section 651f BGB
If the event is not conducted in accordance with the contract, the participant can claim compensation irrespective of the reduction (11. b) or termination (11. c) unless the shortcoming in the event is due to a circumstance for which ALPINA Burkard Bovensiepen GmbH + Co. KG is not responsible.
e) ALPINA Burkard Bovensiepen GmbH + Co. KG’s contractual liability for damage other than personal injury is limited to three times the event price
ea) provided that any damage suffered by the participant was caused neither deliberately nor through gross negligence on the part of ALPINA Burkard Bovensiepen GmbH + Co. KG or one of its agents, and
eb) provided that ALPINA Burkard Bovensiepen GmbH + Co. KG is responsible for any damage suffered by the participant solely due to the fault of a service provider. If a service to be provided by a service provider is subject to international conventions or statutory provisions based on such conventions, and if, in accordance with these conventions or provisions, a claim for compensation arises or may be asserted only under certain conditions or is excluded under certain conditions, ALPINA Burkard Bovensiepen GmbH + Co. KG may also invoke those conventions or provisions against the participant.
13. Liability of ALPINA Burkard Bovensiepen GmbH + Co. KG
a) Participation in the event as a driver or co-driver/passenger is at the participant’s own risk and responsibility. The participant is fully and solely responsible under civil and criminal law for all damage caused by him/her or the vehicle he/she uses. The participant is aware of the risks and the associated special danger to life an limb.
b) By submitting this registration, the participant agrees to waive any claims for damages of any kind in connection with the event.
c) The provisions of 12. d) and e) apply to contractual compensation claims.
d) ALPINA Burkard Bovensiepen GmbH + Co. KG’s legal representatives, agents, or employees are not personally liable for any damage caused by simple negligence on their part.
e) It is expressly pointed out that this waiver of liability also applies if instructors drive participants’ vehicles at the latter’s request, or if participants ride as passengers in vehicles belonging to the event organizer, other participants or instructors.
14. Exclusion of claims and statute of limitations
a) Contractual claims due to a failure to conduct the event in accordance with the contract (see 12. in particular) must be asserted against ALPINA Burkard Bovensiepen GmbH + Co. KG within one month of the contractually scheduled end of the event, or else they will be excluded. After the expiry of this deadline, the above-mentioned claims may only be asserted if the participant was prevented from meeting the deadline through no fault of his/her own.
b) To avoid evidentiary issues, the warranty rights and compensation claims should be asserted against ALPINA Burkard Bovensiepen GmbH + Co. KG in writing.
c) Contractual and non-contractual claims by the participants will become time-barred after one year. This does not apply to personal injury, nor to damage caused intentionally or by gross negligence. The limitation period begins on the day on which the event is contractually scheduled to end.
15. Vehicle insurance and recourse
Participation with participants’ own vehicles
The participant must arrange for sufficient insurance cover for his/her vehicle. ALPINA Burkard Bovensiepen GmbH + Co. KG does not provide separate car insurance for the participants and their vehicles during the event.
16. Applicable law and contract language
a) The contractual relationship between the participant and ALPINA Burkard Bovensiepen GmbH + Co. KG is subject exclusively to German substantive law, particularly Sections 651a et seq. BGB.
b) The contract language is German. The German version of the contract is and remains the sole legally binding version, including in the event of its translation. It is a matter for the participant alone as to whether he/she arranges for the original version of a contract to be translated. If ALPINA Burkard Bovensiepen GmbH + Co. KG provides the participant with a translation, it will do so with no legal obligation and – with the exception of intent – to the exclusion of any warranty on the part of ALPINA Burkard Bovensiepen GmbH + Co. KG and to the exclusion of any contractual or non-contractual liability on the part of ALPINA Burkard Bovensiepen GmbH + Co. KG.
17. Place of jurisdiction
a) The place of jurisdiction for all claims arising out of this contract is Buchloe (registered office of ALPINA Burkard Bovensiepen GmbH + Co. KG). If the participant is a merchant, as defined in the German Commercial Code (HGB), he/she can also take legal action in other locations, without prejudice to the right of ALPINA Burkard Bovensiepen GmbH + Co. KG. This also applies to the assertion of non-contractual claims, provided that these are at least partially identical to the contractual claims (except in the case of intentional tortious acts).
b) The following applies if the participant is not a merchant: The place of jurisdiction for all claims arising out of this contract and for all non-contractual claims is Buchloe (registered office of ALPINA Burkard Bovensiepen GmbH + Co. KG) if the participant does not have a general place of jurisdiction in Germany, moves his/her domicile or usual place of residence out of Germany after conclusion of the contract, or if his/her domicile or usual place of residence is not known at the time the action is filed.
18. Severability clause
Should a provision of the contract including these conditions of participation be or become legally invalid, the remaining content of the contract or the conditions of participation will not be affected. In such a case, the contracting parties undertake to replace the invalid provision with whichever new, valid provision most closely approximates the economic purpose of the invalid provision. The same procedure must be followed if an omission becomes evident during the implementation of the contract.
19. Event organiser
ALPINA Burkard Bovensiepen GmbH + Co. KG
Alpenstrasse 35-37
86807 Buchloe, Germany
Telephone: + 49 8241 5005-0
Fax: + 49 8241 5005-155
Email: info@alpina.de