General terms and conditions


GENERAL CONDITIONS FOR BITROCK TEAM EVENTS

1. The Contract

1.1.

A contract for the supply of the event booked with BITROCK TEAM S.à r.l. Rue du Puits Romain 41, L-8070 Bertrange, Luxembourg, VAT number LU36503748 (hereinafter referred to as ‘Bitrock Team’) will only be made upon the client (hereinafter referred to as ‘the Client’) receiving confirmation from Bitrock Team that his booking (hereinafter referred to as ‘Booking’) has been accepted. Once the Booking has been accepted and full payment has been made, a legally binding contract (hereinafter referred to as ‘the Contract’) shall exist between both parties (hereinafter referred to as ‘Parties’ and individually as ‘Party’). This also means that as long as the Client’s payment has not been made, the Client will not have a reservation for the event.

2. The Price and payment

2.1.

The price (hereinafter referred to as ‘the Price’) for the event shall be advertised on the website or in promotional literature. Bitrock Team reserves the right to alter the Price at any time prior to acceptance of the Booking if such is necessary. In such circumstances the Client shall have the right to cancel his Booking and receive a full refund.

2.2.

Unless otherwise agreed by both Parties, payment of the Price for the event in full must be made by bank transfer or credit card via Bitrock official e-commerce platform.

3. Privacy Statement

Bitrock Team attaches great importance to the protection of the Client’s privacy and is acting in this instance as the controller of personal data which the Client provides to Bitrock Team via its website, during our events or via emails.

The Client warrants that the data he provides to Bitrock Team are his personal data, or that he has the explicit consent from the corresponding individual to use and disclose it to Bitrock Team in accordance with applicable data protection legislation. Bitrock Team shall not be liable for any consequences of providing inaccurate data.

3.1. Why does Bitrock Team process the Client’s data?

Bitrock Team may use the personal or business data provided by the Client for the following purposes:

Bitrock Team uses the Client’s personal data for customer management purposes, for instance to allow the Client to book and/or participate in Bitrock Team events or to be able to respond to the Client’s questions or requests.
Bitrock Team uses pictures based on its legitimate interest to capture moments from its events. However, whenever a right to image can be invoked (e.g., when someone is clearly the main subject of the picture), pictures will only be processed based on the corresponding data subject’s consent.
If the Client has given his consent thereto, Bitrock Team may also use his personal data for direct marketing purposes by contacting the Client via email, phone, post, etc. with newsletters containing information about Bitrock Team and Bitrock Team partners and specific communication relating to Bitrock Team events the Client subscribed to.
The Client’s personal data may also be used for other marketing purposes, statistical research and to better tailor the Bitrock Team products and services to suit the Client’s needs, based on Bitrock Team’s legitimate interest to carry out such activities.

3.2. How long will Bitrock Team store the Client’s personal data?

The Client’s personal data will be stored for as long as required to comply with data retention obligations (e.g., bookkeeping), for as long as needed for insurance purposes and in order to duly address responsibility and liability claims, and for as long as required to answer to the Client’s questions or requests.
Whenever the Client has provided his consent for a certain data processing activity (e.g., direct marketing), his personal data will be stored for as long as he has not withdrawn his consent.

3.3. To whom may Bitrock Team disclose the Client’s personal data?

Bitrock Team may pass on the Client’s data to third parties in the event of a legal obligation or a request by the police or judicial authorities, or if the Client has given his consent for sharing his data.

3.4. What are the Client’s rights?

The Client has the right to request Bitrock Team access to and rectification or erasure of his personal data or restriction of processing concerning the Client or to object to processing as well as the right to data portability and the right to lodge a complaint with a supervisory authority.
Where the processing of the Client’s personal data is based on consent, he has the right to withdraw his consent at any time.
The Client has the right to object, on grounds relating to his particular situation, to the processing of his personal data based on Bitrock Team’s legitimate interests, including profiling based on such interests.
The Client has the right to object free of charge to the further processing of his personal data for direct marketing purposes.

He can exercise his rights by contacting Bitrock Team as indicated in the section “How to contact Bitrock Team” below.

3.5. How to contact Bitrock Team?

If the Client has any questions, concerns, or comments regarding this Privacy Statement or if he wants to exercise his GDPR-related rights, please contact Bitrock Team via email at info@bitrockteam.com or by writing to:

BITROCK TEAM S.à r.l.
Rue du Puits Romain 41
L-8070 BERTRANGE
Luxembourg

4. Right for the client to cancel

4.1

The Client may cancel his Booking by notifying Bitrock Team in writing or email at any time up to 30 days prior to the event. In this case Bitrock Team shall refund to the Client any booking fee paid as follows:

If Bitrock Team receives a cancellation notice more than 60 days prior to the event then the Client will receive a full refund of monies paid.
If a cancellation notice is received by Bitrock Team more than 40 days but less than 60 days prior to the event, then the Client will receive a full refund less an administration charge equal to 30% of the price. If a cancellation notice is received by Bitrock Team more than 30 days but less than 40 days prior to the event, then the Client will receive a full refund less an administration charge equal to 50% of the price.

Once accepted by Bitrock Team and save as otherwise provided in these conditions, the Client may not cancel his Booking less than 30 days prior to the event for any reason.

5. Cancellation by Bitrock Team

Bitrock Team will use its best efforts to comply with this Contract.

Nevertheless, Bitrock Team reserves the right to cancel the Contract at any time between the Parties if:

(a) insufficient bookings have been taken to justify proceeding with the event (in that case we will inform the Client as soon as possible); or

(b) the tracks/organizers that Bitrock Team has used cancel or materially change the services offered by them; or

(c) any other matters beyond Bitrock Team’s reasonable control arise.

Bitrock Team shall endeavor to give as much notice as possible of cancellation and, if cancelled, any booking fee shall be refunded to the Client in full or alternatively Bitrock Team shall, if possible, offer alternative dates or venues.

Under no circumstances will Bitrock Team be obliged to offer any additional compensation for disappointment suffered.

6. Operating procedures and specific track requirements

6.1.

Bitrock Team organizes car events (e.g. passenger rides, driver training, …) and offer the Client a ride or drive in a car on a race track.

Bitrock Team also understands car events can be dangerous if there are no rules and if Bitrock Team allows everyone to behave irresponsibly during a car event.

Bitrock Team’s obligation (best effort obligation) is to offer the Client a correct environment where the Client can enjoy his car event.

The Client has to respect the rules Bitrock Team might send to the Client before the event and (2) all the regulations imposed by the circuit owner/operator.

The briefing (normally the day of the event – exact location and timing will be sent to the Client prior to the event) is also mandatory, as potential additional information might be communicated during this briefing.

Failure to comply with the rules or non-attendance at the briefing on the day is a serious breach of contract.

As a result :

Bitrock Team can ban this Client and/or his passengers/Client’s Participants from the circuit and, in such circumstances, Bitrock Team shall not be obliged to offer any compensation.
Bitrock Team can never be liable for any damage suffered by the Client or the Client’s Participants
The Client can be liable for any damage suffered by Bitrock Team or others

6.2.

As already mentioned, the Client is fully responsible for the obligation of the Client’s Participants to follow the Rules.

6.3.

In addition the Client, his passengers/Client’s Participants and the Client’s vehicle must comply with any rules and regulations imposed by the circuit (example: noise limits in dB). The Client, his passengers and the Client’s Participants will also be required to sign an indemnity/waiver with the following text on the day of the event : Waiver

6.4.

Again, Bitrock Team shall not be obliged to offer any compensation if the circuit, in its absolute discretion, refuses to allow the Client, his passengers, the Client’s Participants or the Client’s vehicle onto the track.

7. Liability

7.1.

Vehicles travelling at speed can be dangerous and cause damage. This risk can never be avoided, and the Client has to be aware of this.

Accidents can always occur, Bitrock Team is not liable for these accidents and any damage to any vehicle or other property following these accidents. Consequently, if the Client is concerned for his vehicle or third party liability he must ensure that it is insured for track use.

Bitrock Team is only liable in case of proven fault/gross negligence/fraud.

7.2.

The Client is liable for any damage suffered by Bitrock Team in case of breach of contract by the Client/the Client’s Participants.

7.3.

Bitrock Team shall have no liability to the Client for any failure to honor or for any delay to his Booking that is caused by any event or circumstance beyond Bitrock Team’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or flood, fire, explosion, accident or pandemic. In particular no refunds (either for travel or the cost of the track day/event) will be given in the event of the track being unfit for use as a result of inclement weather or other circumstances beyond Bitrock Team’s reasonable control. Likewise Bitrock Team shall not be liable if travel delays result in a failure to arrive at the track on time or at all. No refunds (either for travel or the cost of the car event) will be given in the event of the Client or his vehicle being declared unfit to use.

7.4.

Save as precluded by law, none of the Parties will be liable to the other Party for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising.

7.5.

If one of the Parties would be liable in any way, this liability will always be limited to a maximum amount equal to the Price (except in the case of proven fraud).

This limitation does not include potential damage to the circuit or road infrastructure in case of an accident. In that case the Client is fully responsible for any potential damage he, his passengers or the Client’s Participants may cause to the circuit facilities, in particular the guard rails, or any other facilities rented for the event, and agrees to reimburse the costs and / or other expenses thus incurred, based on a quote established by the operating company of the circuit or rented facility.

7.6.

Nothing in these terms and conditions is intended to limit any rights one of the Parties might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit Bitrock Team’s liability to the Client for any death or personal injury resulting from Bitrock Team’s gross negligence.

8. Invalidity

If any part of these terms and conditions is unenforceable the enforceability of any other part of these conditions will not be affected.

9. Entire agreement

These terms and conditions, together with Bitrock Team’s current prices and contact details set out the whole of the Contract relating to the supply of the services to the Client by Bitrock Team. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature of the services offered by Bitrock Team.

Save for fraud or fraudulent misrepresentation, Bitrock Team shall have no liability for any such representation being untrue or misleading.

10. Notices

All notices from the Client to Bitrock Team must be in writing and sent to Bitrock Team’s contact address at BITROCK TEAM S.à r.l. Rue du Puits Romain 41, L-8070 Bertrange, Luxembourg, and all notices from Bitrock Team to the Client will be sent by email or to the address set out on the booking form.

11. Governing law – competent courts

The Contract be governed by and interpreted in accordance with Luxembourg law and the competent Luxembourg courts shall have jurisdiction to resolve any disputes between Parties.