Terms and Conditions of the Porsche

Transcription

1 Terms and Conditions of the Porsche Driving Experience Winter The Tour Operator and your contractual partner shall be exclusively _wige EVENT gmbh. Pursuant to an agreement with Dr. Ing. h.c. F. Porsche AG (hereinafter referred to as Porsche), _wige EVENT gmbh (hereinafter referred to as wige EVENT) shall be entitled to provide certain services under the name Porsche Driving Experience Winter. This registration does not constitute a contractual relationship between you and Porsche. Dear Guest, wige EVENT as Tour Operator is working in conjunction with Porsche to provide the events described in the catalogue under the name Porsche Driving Experience Winter. Please read these Terms and Conditions carefully, as by making your booking, you recognise that these Terms and Conditions, which will be transmitted to you prior to your booking, will apply to you. They apply to all programmes of Porsche Driving Experience Winter. In addition, sections of these Terms and Conditions will also apply to any additional services that you book at your destination during the service (e.g. snowmobile tour). These Terms and Conditions supplement Articles 651 a-m of the BGB (Bürgerliches Gesetzbuch German Civil Code) as well as Articles 4-11 of the BGB- InfoV (Ordinance on the Requirement to Provide Information and Supporting Documents in Civil Law) Please note that a precondition for participating in any event of Porsche Driving Experience Winter as a driver is that the relevant driver must be able to identify himself/herself with a valid driver s license there on site, immediately before the start of the event. Preamble / training objectives of Porsche Driving Experience Winter The events of Porsche Driving Experience Winter aim at improving the driving skills and the driving safety of the participants to ensure better safety in the daily traffic and thus contribute to the improvement of the general accident statistics. Consequently, the events have the following objectives: - improvement of vehicle control and reactions - early recognition of dangerous situations (in particular concerning special weather conditions) - correct reactions to dangerous situations The courses are not aimed at achieving maximum speeds nor are they intended to encourage competitive behaviour. In order to achieve 1 these training objectives, homogenous groups, as far as possible, of up to a maximum of 12 participants are formed which are supervised by up to 2 instructors for each group. 1. Conclusion of the agreement 1.1 With the registration, the participant offers the Tour Operator the conclusion of a binding contract. The contract is binding when the Tour Operator receives the declaration of acceptance. Such declaration does not require a certain form. Upon or immediately after the conclusion of the contract, the Tour Operator will send the participant a written confirmation. He shall not be obliged to do that if participant s booking is made less than 7 work days before the start of the event. 1.2 The written confirmation which participant receives immediately after the conclusion of the contract will contain all essential information on the services booked by the participant. 1.3 If the content of the Tour Operator s confirmation of acceptance differs from the content of the booking, this constitutes a new offer on the part of the Tour Operator to which he is bound for a period of 10 days. The contract comes into effect on the basis of the new offer, if the participant declares his/her acceptance to the Tour Operator within this binding period by way of a clear declaration, by making a deposit or by paying the outstanding balance. 1.4 The participant is accountable for all contractual obligations of people travelling with him/her for whom the booking was made, as he/she is accountable for his/her own, insofar as he/she has accepted this obligation by way of a clear and separate declaration. 1.5 All participants must identify themselves with a valid driver s license there on site, immediately before the vehicle is handed over. Furthermore, the participants assure that no official driving ban has been imposed on them The following driver s licenses are accepted: - EU driver s licenses - national driver s licenses in the German / English language

2 - national driver s licenses from non EU countries in another language than the English language only with a certified German or English translation - international driver s licenses only together with a national driver s license Participants who are unable to produce a valid driver s license or have been officially banned from driving shall not be entitled to take part in the driving programme of the respective Porsche Driving Experience Winter event. In these cases, the participation prices will not be reimbursed. 1.6 Third parties (e.g. hotels, travel agencies or transport companies) are not authorised by the Tour Operator to make agreements, to provide information or to make assurances which alter the agreed content of the contract, go beyond the contractually promised services of the Tour Operator or contradict the event offer. 1.7 Local and hotel brochures not issued by the Tour Operator are not binding for the Tour Operator or his service obligation, unless they were made the subject matter of the event offer by an express agreement with the participant or the content of the service obligation of the Tour Operator. 1.8 Insofar as the participant only books one additional service (e.g. snowmobile tour) from a third party provider without any other services, the Tour Operator will only act as an agent for an external service. The purchase of mediated external services means that a contractual relation will be created exclusively between the participant and relevant provider. The name of the provider in question is disclosed on the issued service voucher. 1.9 Preconditions for the event There are no preconditions for the participation in a Warm-up or Precision Training Camp Participation in a Performance Training Camp4S requires a completed Precision Training of Porsche Driving Experience Winter Participation in a Master Ice-Force or Special Training Ice-ForceS requires a completed Performance Training with Porsche Driving Experience Winter Payment 2.1 Tour Operator and travel agent may only request or accept payments on the participation price before the end of the event if the participant has been given a Sicherungsschein [Safeguarding Certificate] (insolvency insurance with the association Deutscher Reisepreis Sicherungsverein VVaG (DRS)). After the conclusion of the contract, a deposit of 25% of the participation price will become due when the Sicherungsschein is handed out. The balance must be paid 30 days before the start of the event and without another request, insofar as the Sicherungsschein has been handed out and it is certain that the event will be performed as booked (cf. section 3). 2.2 The amounts for the deposit and balance and any applicable cancellation charge are shown in the confirmation/invoice. The charges in the event of a cancellation (cf. section 9), change of booking or handling fees (cf. sections 9, 11) as well as charges for individual event arrangements (cf. section 7) are payable immediately. 2.3 The prices are stated in Euro including legal turnover tax. The invoice amount is payable without any deductions. Payments by transfer to the account of the Porsche Driving Experience Winter can only be made in Euro. In case of money transfers from foreign countries, the participant shall bear the charges arising from such transfer. 2.4 The participant may also pay the respective invoice by credit card. In these cases, the credit card details will be requested separately during booking. The Tour Operator will also need the address of the participant or, where relevant, the address of the person receiving the documents as well as the participant s authorisation to charge his/her current account through the credit card. 2.5 Changes of the agreed payment mode may only be made up until 35 days before the start of the event. 2.6 If the participant has not received the event documents 4 days before the start of the event, at the latest, he/she shall

3 immediately contact Porsche Driving Experience Winter. In case of short notice bookings made within 7 days before the start of the event, the participant will receive the documents as agreed with the project management of Porsche Driving Experience Winter. In your own interest, we would ask you to check your event documents carefully upon receipt. 2.7 If payments are not made or not made in full in line with the agreed maturities and if the participant fails to make payment even after a reminder with payment deadline, the Tour Operator may withdraw from the relevant contract. Unless a significant deficiency of the event exists as of that time already. 2.8 In the event of a withdrawal from the contract as mentioned in the sentence above, the Tour Operator can demand payment of cancellation charges as compensation in line with section 9 of these Terms and Conditions. If the participant does not make the payments despite being in arrears, the Tour Operator reserves the additional right to charge a dunning cost fee of 10 Euro for the second reminder. The participant s right to prove that substantially lower or no costs were incurred remains unaffected. 2.9 Costs for additional services, such as visa applications, etc. are not included in the participation price, unless expressly itemised in the service specification. If such costs are incurred, they will be invoiced separately. 3. Services / Prices 3.1 The contractually agreed services are found in the service specifications (e.g. catalogue, flyer, Internet) and in the details in the written confirmation which relate to such. 3.2 The following services of Porsche Driving Experience Winter shall be covered by the participation price: - Training fees for the relevant training contents - Circuit hire incl. track safety measures - Provision of a rental car of the Porsche brand (incl. fuel) according to the event offer and a rental 3 agreement to be entered into separately (see 4.) - Technical support of the vehicles - Medical care and assistance - Local taxes - Accident insurance - Cancellation cost insurance - Motor vehicle liability insurance (see 4.3 to 4.5) - Event documents - Driving programme and instructors - Project management. 3.3 The following costs shall be borne by the participant: - Costs for arrival and departure (unless described otherwise in the documents) 3.4 The Tour Operator may make changes to the service descriptions at any time before the conclusion of the contract, the participant will naturally be informed of such prior to booking. 4. Rental Car of the Porsche Brand 4.1 In the context of events of Porsche Driving Experience Winter, wige EVENT makes rental cars available for participation in the relevant event. Precondition for the provision of a car is that the participant enters into a separate car rental agreement with wige EVENT. The participant shall have no claim to be provided with a certain car of the Porsche brand. Each car will be staffed by two persons. The option to drive one car alone ( Single Driver ) is possible depending on the availability and against a surcharge and in agreement with wige EVENT. 4.2 Apart from a valid driver s license, the participant has to submit their identity card / passport as well as a valid credit card on upon check-in on the day of arrival. The data as well as the private address of the participant will be incorporated in the car rental agreement of wige EVENT. This agreement shall be signed by the participant as a prerequisite for participation. 4.3 The rental cars of the Porsche brand are covered by motor vehicle liability insurances. 4.4 No fully comprehensive insurance applies to the rental cars of the Porsche brand in the context of a Porsche

4 Driving Experience Winter event. However, in case of any damage, participants will be put in a position as if a fully comprehensive insurance applied to the car. The amount of the deductible is disclosed in the relevant rental agreement with wige EVENT and can be inquired after in advance from Porsche Driving Experience Winter. The amount of the deductible depends on the respective event: - Camp4: 2,500 Euro - Camp4S: 5,000 Euro - Ice-Force/Ice-ForceS: 10,000 Euro 4.5 If the liability insurance company is released from making payments as the participant has acted with intent or gross negligence or if the liability insurance company can make a recourse against wige EVENT due to this behaviour of the participant or if damage occurs as a result of a fault on the part of the participant which is not covered under the motor vehicle liability insurance, the participant shall be liable for any and all damage caused by him/her which is not covered by the motor vehicle liability insurance. In the case of gross negligence, the Tour Operator and Porsche shall be entitled to assert claims against the participants in a scope which corresponds to the severity of the fault, up to the amount of the total damage. 6.2 It is not permitted to use mobile devices or to smoke while driving. 6.3 In the case of gross infringements of the driving discipline the event manager shall be permitted to exclude the participant from any further participation. In such cases the participation price will not be reimbursed. 6.4 During the events of Porsche Driving Experience Winter an absolute prohibition of alcohol (0.0 per mil) as well as a prohibition of drugs or other intoxicating substances which impair or might impair driving ability will apply. By showing proper behaviour even before the event, each participant shall ensure that their compliance with these requirements. The event manager shall be allowed to exclude a participant from any further participation in the case of a justified suspicion of alcohol consumption or the consumption of drugs or other intoxicating substances. In such cases the participation price will not be reimbursed. 6.5 Events of Porsche Driving Experience Winter partly take place on public roads. Participants shall assume sole responsibility for their behaviour. Any infringements of the StVO [Straßenverkehrsordnung, German Road Traffic Regulations] will be passed on by wige EVENT to the participant and the address of the participant will be disclosed to the authorities, if necessary. 5. Accompanying Persons Each vehicle will be staffed by two drivers/full payers. Therefore, no accompanying persons are planned to take part in the driving programme. Children from the age of 12 may, in exceptional cases, participate in the event and travel as accompanying persons of their parents in the passenger s seat of the rental car (participation price upon request). The person or persons having care and custody of the child must sign a liability disclaimer for the minor child. 6. Safety Precautions 6.1 The instructions given by wige EVENT employees shall be complied with during the entire period of each event. It is mandatory to wear seatbelts Integration of Flight Offers / Special Requests 7.1 In case of Integration of Flight Offers In accordance with the EU Regulation for the Information of Passengers on the Identity of the Operating Company, the Tour Operator is obliged to inform the participant about the identity of the airline company performing any and all airline transport services to be rendered during the booked event, upon booking. If the operating airline company has not been determined at the time of booking, the Tour Operator shall be obliged to inform the participant about the airline company/companies that will probably be responsible for the flight. As soon as the Tour Operator knows which airline company will perform the flight, he shall inform the participant.

5 If the airline company disclosed to participant as operating airline company changes, the Tour Operator must inform the participant about such change. He must immediately take all appropriate steps to ensure that the participant is informed about the change as quickly as possible. For a list of airline companies which are subject to an operating ban in the EU (community list) please go to Flights will be with scheduled airlines. The participant will travel in economy class, a transfer to First Class or Business Class is possible on payment of the appropriate supplement. Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider which can be furnished upon request. We strongly recommend that money, valuables, technical equipment and medication be carried exclusively in your hand baggage. 7.2 Special Requests Porsche Driving Experience Winter may only accept the handling of special requests if these declare themselves to be non-binding. The Tour Operator will make all efforts to accommodate the request for special arrangements that are not described in the service description (e.g. neighbouring rooms or rooms in a certain location) In addition to the events described in the event programmes, the Tour Operator will be happy to cater to your personal programme requests (à la carte services) as a separate Porsche Driving Experience Winter service. Such à la carte services relate to all event modules which do not correspond to a catalogue service If the participant wishes to stay longer at the place of the event, he/she should contact the event manager or the team of Porsche Driving Experience Winter there on site, as soon as possible. We are happy to extend your stay if the relevant accommodation and return transport options are available. The costs for extending the stay are payable at the destination. Please have a close look at the applicable rates and conditions for 5 your return transport as well as the period of validity of your travel insurances and any possible visa requirements For the offered events, the participant will be looked after at the destination by the tour guides of the Porsche Driving Experience Winter. For details, addresses and phone numbers, please refer to your event documents. In the event of complaints, please refer to the special notes under section Insofar as the participant booked any additional services after the first invoicing or at the destination during the event, wige EVENT reserves the right to cancel the original invoice and send a new invoice to the participant. 8. Changes to Services and Prices Any changes and deviations of individual services from the agreed contents as specified in the contract which may become necessary after conclusion of the contract and are not due to actions on the part of the Tour Operator involving a breach of good faith are permissible only to the extent that they are of minor significance and do not impair the overall nature of the event booked. In case of booked flights, flight times are as shown on the flight ticket In case of exceptional weather conditions the Tour Operator is allowed to adapt the driving programme to the changed conditions (e.g. by choice of vehicles of the Porsche brand, tyres or choice of section) to guarantee the safety of the participants. These adaptations have no impact on the agreed travel price as long as they do not result in a significant change of the booked event. 8.2 Any warranty claims remain unaffected, in particular insofar as the changed services are subject to deficiencies. The Tour Operator shall be obliged to inform the participant immediately concerning changes in or deviations from the services. If appropriate, the Tour Operator will offer the participant the opportunity of rebooking or cancelling the contract, free of charge. If a changed flight also involves a change in the airport, the participant will also be entitled to the Rail &

6 Fly ticket included in his/her event documents. 8.3 In the event of an increase of the transport costs or duties for certain services such as port or airport taxes after the conclusion of the contract, the Tour Operator reserves the right to change the agreed participation price as follows: If the transport costs, in particular, fuel costs, rise above the costs at the time of concluding the contract, the Tour Operator can increase the participation price according to the following calculation: a) In the case of cost increases charged to the Tour Operator on a seat basis, the Tour Operator can charge the participant the relevant increase. b) In other cases, the additional transport costs charged by the transport provider per means of transport are divided by the number of seats of the contractual means of transport. The Tour Operator can charge the participant the resultant increase per seat calculated in this manner If charges such as port or airport charges that the Tour Operator has to pay are increased above the costs as at the time of concluding the contract, the participation price can be increased by the corresponding pro-rata amount Charging increased costs in accordance with the paragraphs mentioned above, is only permitted if the interval between the conclusion of the contract and the agreed date of the event is more than 4 months and the circumstances leading to the increase had not occurred nor could be foreseen by the Tour Operator before the contract was concluded. 8.4 In the case of a retrospective change of the participation price, the Tour Operator shall inform the participant immediately. Price increases from the 21st day before the start of the event shall be ineffective. In the case of price increases exceeding 5%, the participant shall be entitled to withdraw from the contract or to request the participation in another event that is at least of the same value as the event in question, provided the Tour Operator is able to offer such an event at no extra cost for the participant from his offer range. The mutual rights and duties referred to in this paragraph also apply 6 in the case of a permitted change to a main service. 8.5 The participant shall assert his/her rights immediately towards the Tour Operator after being notified by the Tour Operator about the price increases and/or the change to the service. 9. Start of Event / Cancellation Charges 9.1 The participant may cancel the event at any time prior to the start of the event. The date of the receipt by the Tour Operator (for the address, please refer to the end of these Terms and Conditions) of the notice of cancellation is decisive for complying with this period. The participant is obliged to submit the cancellation in writing. 9.2 If the participant cancels the event or fails to take part in the event, the Tour Operator loses the entitlement to the participation price. Instead, the Tour Operator, as long as he is not responsible for the cancellation or the failure to undertake the tour and a case of force majeure does not exist, can demand reasonable compensation depending on the respective participation price (incl. any additional services booked) for the making of the event arrangements up to the cancellation/failure to attend and his costs (cancellation charges). A flat-rate of the cancellation charges is disclosed in the following paragraphs on a percentage basis in relation to the participation price (incl. any additional services booked), according to the proximity of the date of cancellation to the date of the contractually agreed start of the event. Such calculation will take into account any normally saved expenditure and customary possible alternatives for using the services. 9.3 Cancellation charges are also due if a participant does not appear punctually at the times specified in the event documents at the relevant airport or place of departure or if the participant cannot take part in the event due to the absence of the relevant travel documents, such as e.g. passport or necessary visa, for a reason for which the Tour Operator is not responsible.

7 9.4 The participant s right to provide proof that no or significantly lower costs were incurred in the context of the cancellation or no-show than the costs imposed by the Tour Operator when implementing the flat-rates applicable in the individual case shall remain unaffected. 9.5 The flat-rate claim for cancellation charges per person in case of cancellation of events of Porsche Driving Experience Winter is: Camp4/Ice-ForceS: For cancellations up until 01 November 2014, 75% of the participation price, from 02 November 2014, 90% of the participation price. Camp4S/Ice-Force: For cancellations up until 01 December 2014, 75% of the participation price, from 02 December 2014, 90% of the participation price. For cancellations on the day on which the event begins or in the case of a noshow to the event, 90% of the participation price. 9.6 In the case of flight-only scheduled flights per person until the 31st day before departure, the flat-rate claim for cancellation charges amounts to 50 Euro; from the 30th day before departure 150 Euro. This provision only applies to cancellation of flight only scheduled flights, and not to the cancellation of combined events. 9.7 Only in the case of mediated additional services, e.g. snowmobile tour (cf. section 1), the cancellation provisions of the relevant service provider shall apply, the participant will be advised accordingly when making the booking. 9.8 The Tour Operator reserves the right to request a higher concrete reimbursement, in deviation from the abovementioned flat-rates. In this event, the Tour Operator shall be obliged to specify and prove a concrete number for the requested compensation, taking into account any saved expenditure and any possible alternative use of the service. 10. Ordering vouchers / Gift Certificates If a voucher for a given value that has already been issued is returned, a handling fee of 5% of the value of the voucher will be charged. Payment will only be made to the person who ordered the voucher. Participant s right to furnish proof that the costs were lower or nonexistent, shall remain unaffected. The right to provide a substitute participant (see section 11) remains unaffected by the above provisions The voucher can be redeemed only for the services of Porsche Driving Experience. The voucher cannot be redeemed for extra services, such as e.g. flights or for paying any rebooking or cancellation costs. The voucher can be redeemed only when booking through Porsche Driving Experience or wige EVENT. The voucher can be divided across several bookings. Any remaining value of the voucher cannot be paid out in cash. Remaining amounts of less than 50 Euro will not be reimbursed and lapse. Vouchers for a remaining amount of less than 50 Euro will not be issued Vouchers and their redemption are subject to the laws of the Federal Republic of Germany. Vouchers shall be valid for a period of 3 years from the end of the year in which they are issued. 11. Rebooking / Substitute 11.1 Until the 31 st day before the start of the event, the Tour Operator will, upon request, and insofar as this is feasible, amend the confirmation (rebooking). A charge of 50 Euro will be charged per person. Rebooking means e.g. change of the date of the event, the destination/place of the event, the place where the event starts, accommodation or transport; for scheduled flights, additional changes of the time of departure, as soon as the ticket has been issued. Changes made that fall within the deadlines referred to above (e.g. for flightbased/standard charges from the 30 th day before the start of the event) as well as amendments that go beyond the period of validity of the service description under section 3 upon which the booking is based can only be made by cancelling the contract under the provisions in section 9 and with an immediate new registration. This also applies to flight-

8 only travel on scheduled flights in the case of a change of carrier initiated at the participant s request Until the start of the event, the participant may request that a third party will be assigned the rights and duties under the contract. The Tour Operator must be notified accordingly in writing. The Tour Operator can object to the third person substituting the participant, if the third person does not fulfil the necessary requirements of the event or if statutory or official regulations or directives prevent this third person s participation If a third person replaces the booked participant, the Tour Operator shall be entitled to charge a flat-rate handling fee of 50 Euro to cover the costs arising from the participation of the substitute. The participant s right to furnish proof that substantially lower or no costs were incurred shall remain unaffected The booked participant and the substitute are jointly liable for the participation price and the extra costs arising as a result of the inclusion of the substitute. 12. Insurance Events of Porsche Driving Experience Winter generally include an insurance package, including cancellation cost insurance and accident insurance. 13. Cancellation and Termination by the Tour Operator 13.1 The Tour Operator can terminate the contract without notice if the participant continues to disturb the event despite proper admonishment by the Tour Operator. This also applies if a participant s conduct violates the contract to an extent that an immediate termination of the contract is justified. The Tour Operator has, however, the right to retain the participation price. Extra costs for return travel shall also be borne by the disruptive participant. However, the Tour Operator must make due cost adjustments to take into account the value of any saved expenditures as well as those benefits profited from for services not availed of by the participant and put to other use, 8 including any refunds received from the service provider The Tour Operator can cancel the event up to 5 weeks (receipt by participant) before the start of the event, if the minimum number of participants is not reached. The Tour Operator will, of course, inform the participant, if it becomes apparent at an earlier time that the minimum number of participants will not be reached. The notice of cancellation will be delivered to the participant immediately. The participant will be immediately refunded the participation price paid In the event of the Tour Operator cancelling the contract, the participant shall be entitled to request his/her participation in another event of at least equal value, provided that the Tour Operator is able to offer such an event without extra costs for the participant from his offer. The participant shall assert this right towards the Tour Operator immediately after having received the termination from the Tour Operator. If the participant does not exercise this right to participate in an event of equal value, he/she shall immediately be refunded the participation price paid. 14. Extraordinary Circumstances / Force Majeure 14.1 We refer to Art. 651j of the BGB in the case of a termination of the contract due to force majeure. The wording of this Article is as follows: (1) If the trip is substantially impaired, jeopardised or adversely affected as a result of force majeure not foreseeable when the agreement was entered into, both the tour operator and the traveller may terminate the agreement solely under these provisions. (2) If the contract is cancelled in line with paragraph 1 above, the provisions of Article 651e para. 3 sentence 1 and 2, para. 4 sentence 1 of the BGB shall apply. The extra costs for return transport are shared equally between the parties. Otherwise, the traveller bears the extra costs of return transport You will find travel advisories from the German Foreign Office on the Internet as well as by

9 calling the phone number Redress / Price Reduction / Termination 15.1 If a service is not fulfilled or not fulfilled according to the contract, the participant shall be entitled to demand redress. The participant shall be obliged to immediately inform the Tour Operator of any deficiency of the event. If the participant fails to do that on account of a fault on his/her part, no reduction of the participation price will be made. This shall only not apply in the event that the information is recognisably futile or unreasonable for other reasons The participant shall be obliged to immediately inform the event manager at the place of the event about their complaint. If no event manager is available at the place of the event, the Tour Operator shall be informed about any deficiencies of the event at his place of business. Participants are advised of the contact information of the event management or the Tour Operator in the service description, or in the event documents, at the latest. The event manager is ordered to provide redress, insofar as this is possible, he shall, however not be authorised to accept claims made by the participant The Tour Operator may also provide redress by rendering a service of equal or higher value. The Tour Operator can refuse to provide redress if this would involve unreasonable expenditure After returning from the event, the participant may request a reduction of the participation price, if services were not provided in conformity with the contract and he/she did not culpably omit to notify about the deficiency immediately (without undue delay) If the event is seriously impaired as a result of a deficiency and the Tour Operator does not provide redress within a reasonable period, the participant may terminate the contract in line with the statutory provisions it is recommended to put the notice in writing, in your own interest and in order to document it as evidence. The same applies if the participant cannot be reasonably expected to participate in the event as a result of a 9 deficiency for a good cause acknowledged by the Tour Operator. A reasonable deadline for providing redress does not apply if redress is impossible or the Tour Operator refuses to provide redress or if the immediate termination of the contract is justified in the participant s special interest. If the contract is terminated in this way, the participant shall be entitled to return transport. The participant shall only owe the Tour Operator that part of the participation price which is allocated to the services he/she used, if such services were of interest to him/her. 16. Liability 16.1 Any participation in events of Porsche Driving Experience Winter is done so at the participant s own risk If a deficiency exists, the participant is, irrespective of the reduction of the participation price (reduction) or the termination, entitled to claim damages, unless the deficiency of the event was caused by circumstances beyond the Tour Operator s control. The participant may also claim damages for wasted holiday time if the holiday was ruined or seriously impaired Contractual Claims for Damages: The Tour Operator s contractual liability for damages other than personal injury is limited to three times the amount of the participation price, as far as the damage suffered by the participant was not caused by the Tour Operator intentionally or by gross negligence. The limitation of the liability to three times the participation price also applies insofar as the Tour Operator is only responsible for a damage caused to the participant, other than personal injury, because of the fault of the service provider Claims for Damages Based on Tort: Claims for damages asserted against the Tour Operator for tort that are not due to intentional acts or acts of gross negligence, are limited with respect to damage to property to the amount of three times the participation price. These maximum liability amounts apply per participant and event. Possible claims related to baggage in accordance with the Montreal Convention which might go

10 beyond such amount remain unaffected by this limitation The Tour Operator shall not be liable for interruptions of the service, personal injury and property damage related to services for which he acted merely as agent for external services (e.g. trips, sports events, theatre visits, exhibitions, transport services from and to the specified places of departure and destinations), if these services were explicitly designated in the event description and the booking confirmation as external services in such a way that they are discernible to the participant as not being part of the service rendered by the Tour Operator The Tour Operator is, however, liable for services which include the transport of participants from the specified place of departure of the event to the specified destination, interim transport during the event and the accommodation during the event, if and insofar as the damage suffered by the participant was caused by the Tour Operator breaching his obligations to inform, advise and organise The participant is solely responsible for their participation in sports and other free-time activities. The participant should inspect the sports facilities, devices and vehicles before using them. The Tour Operator will only be liable for accidents that occur in the course of sports events and other free-time activities, if caused by him. The Tour Operator recommends the conclusion of an accident insurance Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider, these can be furnished upon request. The terms and conditions of the German railway company Deutsche Bahn AG as shown on the reverse side of the train ticket documents do not apply to the contract between the participant and wige EVENT. The rights and duties of the Tour Operator and the participant in accordance with the German travel legislation and these comprehensive Terms and Conditions are not restricted by the terms and conditions of the relevant transport provider If specified in the service descriptions (section 3), the event documents include Rail & Fly tickets of Deutsche Bahn AG 10 and an additional leaflet Drive & Fly of the association Verband Deutscher Verkehrsunternehmen Each participant is solely responsible for arriving in good time at the departure airport, unless their late arrival is the result of an intentional or grossly negligent action on the part of the Tour Operator. 17. Duty to Cooperate / Complaints 17.1 In the event of disruptions to services, each participant shall be obliged to cooperate in avoiding or minimising possible damage within the framework of the statutory provisions While a complaint to the service provider might often be helpful, it does, however, not release the participant from the duty to make a complaint to the Tour Operator. The participant will find the necessary phone numbers and fax numbers as well as addresses in their event documents or in the service descriptions. In the event of damage to or delays in the delivery of baggage or goods after a flight, the Tour Operator recommends that the participant immediately notifies the respective air carrier at the airport by completing and submitting the Passenger Irregularity Report (PIR), however, at the latest within 7 days after discovering the damage in case of travel baggage, within 14 days after the acceptance in case of goods, or, in case of a delay, 21 days after the baggage or the goods were provided to the participant. As a rule, airlines refuse to pay compensation if the PIR was not completed and submitted. In addition, the loss of, damage to or faulty transport of baggage should be notified to the event manager. If the participant culpably omits to report a defect, he/she shall not have any right to assert claims. 18. Exclusion of Claims, Statute of Limitations and Assignment 18.1 Claims on account of the event not being provided in accordance with the contract (Articles 651 c-f of the BGB) must be asserted with the Tour Operator within one month after the end of the event as specified in the contract (for address see end). This should be made in writing, in

11 the interest of the participant. The participant may only assert a claim after the expiry of the period, if he/she was prevented from doing so earlier without own fault. The day of the end of the event will not be included in the calculation of the month s deadline. See section 16 for the notification of any damage to baggage, delays in return of baggage or the loss of baggage Claims of the participant under Articles 651 c-f of the BGB arising from fatal injury, bodily harm or damage to health which were caused by a wilful or negligent breach of duty on the part of the Tour Operator or a legal representative or vicarious agent of the Tour Operator will lapse according to the statute of limitation after 2 years. This also applies to claims for compensation for other damages that arise from a wilful or grossly negligent breach of duty of the Tour Operator or a legal representative or vicarious agent of the Tour Operator All other claims under Articles 651 c-f of the BGB lapse after 1 year according to the statute of limitation The determining date for the lapse of claims under the paragraphs above is based on the day that follows the day on which the contractual event ends Claims arising from unlawful acts lapse after 3 years If there are ongoing negotiations between the participant and the Tour Operator regarding the claim or the circumstances underlying the claim, the period after which the claims will lapse will be suspended for as long as until the participant or the Tour Operator refuse to continue the negotiations. The claims will lapse 3 months after the end of the suspension, at the earliest Third parties will only act as agents at the conclusion of the contract. They are not authorised to receive the registration of claims for warranty and damages through the participant after the end of the event. 19. Passport, Visa, Customs, Foreign Currency and Health Requirements 19.1 The Tour Operator will be responsible for notifying nationals of the country in which the event is offered of any requirements concerning passport, visa and health regulations, as well as any amendments to such regulations before the start of the event. Nationals from other countries should contact the respective embassy/consulate responsible for them. The participant receives essential information on necessary formalities of his/her event in the event offer, in the service descriptions and the event documents. Please take note of this information and contact your travel agent should you require more detailed information If the Tour Operator was entrusted with the visa application by the participant, the Tour Operator himself will not be liable for ensuring that the visas are issued by the relevant consular authorities and received in good time, unless the Tour Operator was ultimately responsible for the delay. The participant should allow approximately 8 weeks for the processing of visa applications, etc. by the relevant authorities The participant alone is responsible for complying with all regulations necessary for the performance of the event. All disadvantages, in particular the payment of cancellation charges arising from the non-compliance with these regulations, shall be at the expense of the participant, with the exception of consequences due to culpably incorrect or deficient information provided by the Tour Operator Consult the catalogue and contact Porsche Driving Experience Winter, to find out whether you need a passport for your event or whether an ID card suffices, and please ensure that your passport or your ID card are valid beyond the event. Depending on the travel destination children under the age of 12 years may require a child passport. A child passport only authorizes for entry in the USA without a visa if it was issued before 26 October 2006 and if it contains a photo. For a child passport issued after this date the child needs a visa Some countries apply very strict customs and currency regulations. Make 11

12 sure that you are well informed and abide by the regulations Some countries demand certain vaccination certificates that may not be less than 8 days old and not more than 3 years old (smallpox) or 10 years (yellow fever). Such vaccination certificates must also be produced to the German authorities after returning from certain countries (e.g. Africa, Middle East). For relevant information, please consult the catalogue and contact Porsche Driving Experience Winter in case of questions. 20. Data Protection Personal data provided by the participant to the Tour Operator will be stored in a central database managed by the Tour Operator. Any data provided will be used by wige EVENT and the Dr. Ing. H.c. F. Porsche AG in accordance with the data protection regulations, for the sole purpose of contract handling, customer management, market and opinion research as well as for proprietary promotion campaigns in connection with Porsche Driving Experience Winter. 21. Place of Jurisdiction / General Information 21.1 The recipient of the contract documents and the written confirmation is obliged to check the documents received immediately to ensure that they are correctly issued (name, event data, destination of event, etc.) and to immediately make a complaint if they are incorrectly issued If individual provisions of the contract are ineffective, the effectiveness of the entire contract shall remain unaffected. The same shall apply to these Terms and Conditions The contractual relationship between the participant and the Tour Operator shall exclusively be subject to German law. The same shall apply to the entire legal relationship Insofar as legal action is taken by the participant against the Tour Operator in foreign countries and German law is not applied to the liability of the Tour Operator on account of the reason of the action, then German law shall apply exclusively to the legal consequences, in particular, to type, scope and amount of the claims of the participant The participant can take legal action against the Tour Operator only at the place where the Tour Operator has its registered office Any legal action taken by the Tour Operator against the participant must be made at the place where the participant has its domicile. For any legal action against a participant or contract partner to a contract, who are merchants, legal persons under public or private law, or persons who are domiciled or have their habitual residence in a foreign country or whose domicile or habitual residence is unknown at the time the action is taken, the place where the Tour Operator has its registered office is agreed as the place of jurisdiction The aforementioned conditions on the choice of law and the place of jurisdiction do not apply, a) if and insofar as something else applies in favour of the participant on the basis of contractually non-modifiable regulations of international agreements which are applicable to the contract between the participant and the Tour Operator; or b) if and insofar as non-modifiable regulations in the member state of the EU to which the participant belongs are applicable to this contract and are more favourable to the participant than the regulations in these Terms and Conditions or the applicable German provisions. These Terms and Conditions and Information apply to the Tour Operator: _wige EVENT gmbh Stuttgart Registration Court: Cologne, HRB Contact: Porsche Driving Experience Winter Tour Operator: _wige EVENT gmbh Stammheimer Straße Stuttgart Phone: +49 (0) Fax: +49 (0) info@porschedrivingexperience.de Internet: Bank details:

13 SÜDWESTBANK AG Account no.: Sort code: IBAN: DE BIC: SWBSDESS Validity of the programme offer from 08/2014 until 06/2015 Printing September