In these terms and conditions, the following definitions shall apply:
a. BRP: Bleekemolens Race Planet, including the following companies: Race Planet Amsterdam, Race Planet Delft, Race Planet Zandvoort and affiliated enterprises.
b. Customer: any natural or legal person with whom BRP enters a contract, directly or indirectly, including anyone who visits or participates in a BRP event.
c. Event: services, supplies, activities regulated in the contract.
d. General Conditions: BRPs current general conditions.
2.1 These General Conditions apply to all BRP offers, sales and contracts, unless otherwise agreed to expressly and in writing.
2.2 General conditions or other conditions applied by the Customer shall not apply.
2.3 If one or more provisions of the General Conditions are, at any moment, partially or totally annulled, the validity of the remaining provisions will not be affected and the relevant provision will be replaced by a provision that is as close as possible to the meaning of the original provision.
3. OFFERS AND SALES
3.1 BRP offers and sales are non-committal, unless expressly agreed otherwise.
3.2 BRP is not bound to honouring the offers or sales, when Customer can reasonably deduce that the offer or sale contains a manifest error or clerical error.
3.3 The fees mentioned in an offer or sale are exclusive of VAT and other public charges set by the national authorities, including postage and administrative costs, unless otherwise stated by BRP.
4. IMPLEMENTATION OF AND AMENDMENTS TO CONTRACTS
4.1 BRP has the power to change, reschedule, or cancel an event and/or to change or replace things that have been provided for with an alternative that is deemed equivalent in the view of BRP. BRP is entitled to do this in case they deem it necessary to ensure proper functioning and/or to ensure the safety of people. In these events, no compensation is owed to the Customer.
4.2 When implementing the contract, BRP has the power to involve third parties, without notifying the Customer.
4.3 BRP has the power to host multiple events with multiple Customers simultaneously, at the same location, provided the size of the location permits this.
4.4 BRP has the power to demand that a waiver form is signed by the Customer (and/or the (legal) representative, in case of minors), before participating in an event. In the event that the Customer does not sign this waiver, BRP has the right to exclude the Customer from participation.
5.1 Participation in activities and the entry of locations used by BRP to implement her contracts (such as circuits, go-kart tracks, paddocks and catering rooms) are at the Customer’s risk.
5.2 BRP cannot be held liable for any damage suffered directly or indirectly by the Customer, caused during an event. This includes injuries, broken bones, physical or mental harm, or damage as a result of death.
5.3 BRP is not liable for loss, theft or damage of properties.
5.4 In the event that BRP be liable, then the liability of BRP is limited to the amount paid by her insurance, plus the amount of the deductible as stated in the policy conditions. If, for whichever reason, the insurance does not pay, then the liability is limited at all times to the invoiced amount with a maximum of € 10.000.-.
5.5 The liability of BRP is limited at all times to direct damage. BRM is not liable for indirect damage, including consequential damage.
5.6 Customer is expected to be aware that the vehicles at an event are not insured according to the Dutch law on third-party insurance for motor vehicles (WAM). In case of damage as a result of collisions, crashes and reckless driving, the Customer can be held liable.
5.7 BRP can hold the Customer liable in the event that a vehicle (go-kart, quad, buggy, car, formula car etc.) is damaged, because the Customer acts carelessly.
5.8 Parents or legal representatives bear full risk of damage at all times and accept this increased risk when a minor (< 18 years of age) visits an event or participates in one.
5.9 BRP is not obliged to reimburse any damage when the Customer does not comply with his obligations, as stated in article 6 of the General Conditions. This includes incorrect or incomplete information provided by the Customer to BRP.
5.10 The limitations of liability, as mentioned in article 5.1 to 5.9 do not apply insofar the damage is the result of intent or deliberate recklessness of BRP or her superiors.
5.11 Before the event, the Customer has to sign a waiver, then the content of the waiver always takes precedence over the General Conditions.
6. OBLLIGATIONS CUSTOMER
6.1 Customer is obliged to comply with BRP instructions, requirements, and house rules at all times, and to treat all things provided to him with utmost care.
6.2 Customer will cooperate and provide information necessary for or needed by BRP in a timely fashion, enabling BRP to provide the services or make the deliveries.
6.3 Customer is obliged to be in good health upon participation in BRP activities. Customer cannot participate in an event when suffering from health problems, such as back, neck or heart problems, shortness of breath, in case of pregnancy or when under the influence of medicine, drugs or alcohol.
6.4 Pets are not allowed at an event.
6.5 If a Customer drives vehicles that correspond with cars within the meaning of the law (such as racing cars, formula cars, passenger cars, sports cars, etc.) the Customer is obliged to hold a valid Dutch driving license B, or a foreign equivalent, in case of foreign participants.
6.6 BRP is powered to exclude the Customer from (further) participation when the Customer fails to comply with any instruction or rule, or when the Customer is, in the view of BRP, unable to participate in an event responsibly. In case of exclusion of participation, the Customer is not entitled to restitution of any payment already made, nor otherwise to reimbursement of damage or costs.
7.1 Payments should be made within 8 days after the date of invoicing, unless otherwise agreed.
7.2 Customer should pay any residual amounts as invoiced upon recalculation (extra participants and/or consumptions) within 8 days after the date of invoicing, unless otherwise agreed.
7.3 In case the Customer fails to make a timely payment, then the Customer is automatically in default. In that case, the Customer owes BRP a monthly interest of 1%, unless the statutory interest is higher, in which case the statutory interest is owed.
7.4 In case the Customer fails to pay the invoice in a timely manner, BRP has the right to dissolve the contract and pass on the cancellation costs, in accordance with article 8 of these General Conditions.
7.5 In case the Customer continues to fail payment of the owed amount plus statutory rate, after a letter of formal notice has been sent, BRP can relinquish the claim to debt collection. In that case, the Customer should reimburse all extrajudicial costs (minimum of 15& of the principal), on top of the payment of the principal plus statutory rate and potential judiciary expenses and potential legally established costs.
8.1 In case of a private programme (individual race experience/racing course) the Customer owes a percentage of the invoiced amount in the event of a cancellation or postponement of an activity.
– When an event is postponed up to 4 weeks before the date of the event: 1 time free of charge, additional postponements will be at a surcharge of 10%.
– When an event is cancelled up to 4 weeks before the date of the event: 25% of the invoiced amount.
– When an event is cancelled or postponed within 4 weeks before the date of the event: 50% of the invoiced amount.
– When an event is cancelled or postponed on the day itself or the day before, or in case the Customer does not show up on day of the event: 100% of the invoiced amount.
8.2.1 In case of group packages (Race Planet Amsterdam and/or Delft), the Customer owes a percentage of the invoiced amount in the event of a cancellation:
– When an event is cancelled up to 4 weeks before the date of the event: 0% of the invoiced amount.
– When an event is cancelled up to 2 weeks before the date of the event: 50% of the invoiced amount.
– When an event is cancelled within 2 weeks before the date of the event: 100% of the invoiced amount.
– Changes in the number of participations are possible with a maximum of 10%.
8.2.2 In case of group packages (Race Planet Zandvoort), the Customer owes a percentage of the invoiced amount in the event of a cancellation:
– In case of cancellation after signing the offer/agreement: 25% of the invoice amount.
– In case of cancellation within 6 weeks before the event: 50% of the invoice amount.
– In case of cancellation within 4 weeks before the event: 75% of the invoice amount.
– In case of cancellation within 2 weeks before the event: 100% of the invoice amount.
– Changes in the number of participations are not possible unless otherwise agreed in writing.
8.3 In case of the catering of group packages, the Customer owes a percentage of the invoiced amount in the event of a change in the number of people prior to the event:
– When changes are made up to 1 week before the event: 0% of the invoiced amount.
– When changes are made within 1 week before the event: 100% of the invoiced amount.
8.4 When cancelling products that have been purchased, or ordered specifically for the Customer, or when things have been branded specifically for the Customer, the full invoiced amount is owed.
8.5 The provisions as mentioned in the article do not apply when BRP and Customer have expressly made other arrangements.
9. FORCE MAJEURE
9.1 BRP is entitled to postpone or cancel an event or a part of it at all times, due to force majeure.
9.2 In the event stated in Article 9.1, the Customer cannot claim any form of compensation.
9.3 If the Customer is of the opinion that there is force majeure for whatever reason, he cannot participate in an event or part thereof, then the cancellation conditions of Article 8 apply.
10. SUSPENSION AND DISSOLUTION
10.1. BRP is powered to suspend or dissolve the contract in case:
– The Customer does not comply with any obligation fully, or partially.
– The Customer has not paid the deposit.
– There is legitimate reason to fear that the Customer will fail to comply with his obligations properly.
10.2. The Customer applies for suspension of payments, enters debt restructuring, files for bankruptcy, or in case the Customer no longer has free access to his assets. In these cases, BRP is powered to dissolve the contract with immediate effect.
10.3. In the event that BRP dissolves the contract, all claims shall become immediately payable. In the event that BRP suspends the compliance of her obligations, she will retain her claims under national law and contract. BRP always retains the right to claim compensation from the Customer.
11. INTELLECTUAL PROPERTIES
11.1 The Customer shall fully respect BRP’s intellectual property rights at all times.
11.2 During an event, BRP is powered to take images or record audio on which the Customer can be identified and to publish these.
12.1 All complaints shall be made known to BRP within 8 days after their occurrence, in writing and reasoned. After the deadline for submitting complains, the Customer is deemed to have approved the product of service delivered by BRP.
12.2 Complaints about invoices shall be made known in writing within 8 days after the date of the invoice. After the deadline for submitting complaints, the Customer is deemed to have approved the invoice.
13.1 Dutch law applies to all contracts and other legal relationships with BRP.
13.2 Conflicts will only be settled by the competent Dutch court. The case will be presented to the competent court in Amsterdam.
13.3 The Dutch copy of these General Conditions shall be leading when interpreting the General Conditions.
Version valid from 01-01-2020