General business terms and conditions

General Terms and Conditions of Race Time Pro GmbH

Relating to the Utilisation of Services

(Version of March 2019)

 I.GENERAL

These General Terms and Conditions apply to all contracts made between RaceTimePro GmbH and its contractual partners, who commission the services offered by RaceTimePro GmbH.

These Terms and Conditions apply exclusively. With the acceptance of an offer (order placement) of RaceTimePro GmbH, the contractual partner agrees to these General Terms and Conditions and is bound by them. These Terms and Conditions also apply to all future contracts, even if these Terms and Conditions were not agreed expressly again.

Deviating, conflicting or supplementary terms and conditions, even with knowledge, will not be part of the contract, unless RaceTimePro GmbH expressly agrees their validity in writing.

II.CONCLUSION OF CONTRACT

A contract about the services ordered will only come about with a written confirmation by RaceTimePro GmbH according to their offer based on these Terms and Conditions.

Deviating agreements require written form, whereby employees of RaceTimePro GmbH are not authorized to make collateral agreements. Similarly, the amendment of this written form clause requires to its effectiveness the written form.

The offers of RaceTimePro GmbH are non-binding. The RaceTimePro GmbH reserves the right to make technical changes.

III. DEFINITION OF THE SERVICE

RaceTimePro GmbH provides the timing, data, registration and TV graphics service for sports events. The service employees of the RaceTimePro GmbH exclusively use their own hardware. In special cases, only the rental of time measuring equipment and / or sub-equipment can be provided (without provision of a service). The scope of the service is limited to the services agreed in the offer or order confirmation.

In case that only the rental of time measuring systems and / or sub-equipment are subject of the contract, the return shipment or transportation takes place on account and risk of the contractual partner. The contractual partner will accept any tariff changes made by post or the incoming carrier in advance. Returns have to be made immediately.

IV.PARTICIPATION OBLIGATION OF THE CONTRACTUAL PARTNER

The contractual partner is obliged to provide RaceTimePro GmbH optimally in rendering the services and to provide all agreed services. In particular, the contractual partner is obliged to supply the following services and aids free of charge:

  • Logistical aids as required (e.g. skidoo’s, lift trucks, platforms for scoreboards, parking spaces in the immediate vicinity of the event location)
  • Contact person for organisational and technical procedures (voluntary helpers in contruction and dismantling, distribution of lists) according to agreement
  • Suitable premises for the provision of the service
  • Technical infrastructure and communication media (power supply including fuses, analogue/ISDN telephone line, connection to the Internet) in accordance with the agreement
  • Required number of single rooms with toilet, shower and bath for each individual RaceTimePro GmbH service employee according to international standards, including full board and a non-alcoholic beverage per meal

RaceTimePro GmbH provides the service “online registration” exclusively in the name and on behalf of the contractual partner. In the course of the service “online registration“, no contractual relationship between RaceTimePro GmbH and the attendees arises. Any reclaim demanding or damage claims resulting from the online registration must be assert against the organizer.

The requirements regarding entry fees originate from the organizer and they will be checked by the contractual partner before the registration page will be launched online. If participation conditions shall be included in the registration system, these must be handed over to RaceTimePro GmbH upon conclusion of the contract.

In case of rental of time measuring systems and / or display systems without service of RaceTimePro GmbH, the ordered systems are tested before delivery on their function and safety of use. For construction, application or operation, only the contractual partner is responsible. The contractual partner is fully liable for any damage or theft of the rental property.

V.CANCELLATION OR POSTPONEMENT OF EVENTS

In case of event cancellation or postponement at the sole discretion of the contractual partner or for technical, organizational, weather-related or any other reasons, including due to force majeure, the following provisions shall apply:

The contractual partner is obligated to inform RaceTimePro GmbH as soon as possible after knowledge of the event’s failure and if necessary in advance as soon as a concrete, unexpected risk of default becomes apparent.

In case of event cancellation or postponement, following fees will be invoiced:

  • If the cancellation is up to 12 weeks before the event, the contractual partner shall pay 10% of the total costs for the event.
  • If the cancellation is between 12 and 8 weeks before the event, the contractual partner shall pay 15% of the total costs for the event.
  • If the cancellation is between 8 and 6 weeks before the event, the contractual partner shall pay 30% of the total costs for the event.
  • If the cancellation is between 6 and 2 weeks before the event, the contractual partner shall pay 50% of the total costs for the event.
  • If the cancellation is within 2 weeks before the event date, the contractual partner shall pay 100% of the total costs for the event.
  • If the cancellation is during the event, the contractual partner shall pay 100% of the total cost of the event. The same applies to the cancellation or postponement of parts of the race.
  • A temporal shift is equivalent to a cancellation, so that the contractual partner shall pay like in case of cancellation.
  • In case of a local displacement of the race without a temporal shift, the offer of RaceTimePro GmbH loses its validity and has to be renegotiate.

VI.SUPERIOR FORCE DURING PERFORMANCE

In case of incidents of force majeure, which make the service of RaceTimePro GmbH impossible or restricted possible, the contractual partner will be informed immediately. Cases of force majeure including strike, lockout, official interventions, war, warlike conditions and civil war, shortage of energy and raw materials, innocent operational hindrances due to bad weather (lightning, fire, water, snow and ice), failure of telecommunication networks and computers, failure of the IT system, cable fire, machine damage, innocent accidents during the journey, failure of personnel, etc..

VII. INSURANCE

The contractual partner is obliged to take out a theft insurance as well as an organizer liability insurance for each order.

Furthermore, the contractual partner must ensure that the premises made available to RaceTimePro GmbH for the storage of hardware and other objects are in such a condition that the property of RaceTimePro GmbH will not be damaged in any way, but especially by ingress of water or collapse. Should it nevertheless come to damage, the contractual partner is liable for this unrestricted.

RaceTimePro GmbH reserves the right to demand the insurance certificate or the provision of other premises.

VIII. WARRANTY AND LIABILITY

 

The services of RaceTimePro GmbH are provided in accordance with the offer accepted by the contractual partner with the greatest possible care and under use of properly trained and qualified personnel (service staff).

RaceTimePro GmbH assumes no warranty or liability if the failure to comply with recommendations or breach of the contractor due to the offer or the. Pct IV. of these General Terms and Conditions (e.g. electricity, technical equipment near transponder loops, etc.) leads to failures or defects.

The contractual partner must indicate defects in the service provided immediately, but at the latest 3 days after the service has been provided. The amount of liability is limited to the contract value and does not exceed EUR 4.000,00.

If defects attributable to RaceTimePro GmbH are indicate in due time, RaceTimePro GmbH is obliged to enhance. RaceTimePro GmbH is not liable for consequential damages resulting from delivery services, if defects are indicated to RaceTimePro GmbH lately.

The shift of the burden of proof, as well as the obligation of RaceTimePro GmbH to evidence that she is not responsible for any defects, is excluded.

RaceTimePro GmbH is only liable for damages caused by intent or gross negligence. Liability for slight negligence is excluded.

These and all other limitations of liability agreed in these Terms and Conditions also apply analogously to persons acting on the part of RaceTimePro GmbH, in particular shareholders, employees, representatives, organs and their members or service staff. In no case, RaceTimePro GmbH is liable for any other than gross negligence or intentional damage.

Also RaceTimePro GmbH is in no case liable for damages of third parties which arise due to their improper or unauthorized handling of the technology (hardware) provided by RaceTimePro GmbH. Furthermore, the replacement of consequential damage, financial loss and damage from claims of third parties is excluded.

Furthermore, RaceTimePro GmbH is not liable for:

  • incomplete or incorrect registration data
  • Timing points located in unsuitable locations (conductive surfaces, electromagnetic interference fields, radio fields, triax or telecommunication cables)
  • insufficient or faulty barriers to target or interim construction
  • insufficient power supply from the contractual partner
  • official prohibition of the event due to lack of official permits
  • temporary or permanent unavailability or disruption of the internet portal, in particular the registration system and the payment interfaces or earnings portal included therein

The contractual partner is responsible for any damages which occur due to breach of the cooperation obligations of the contractual partner or which result from or due to constructional inadequate or faulty structures, podiums and other movable property.

 

IX.PROTECTION OF INDUSTRIAL PROPERTY

The hardware and software provided by RaceTimePro GmbH as part of the service are subject to license usage or copyrights. Any provision for use, unless otherwise agreed in writing, does not constitute a waiver of the license usage and copyrights.

RaceTimePro GmbH expressly reserves all rights under the competition laws or other laws protecting the software, proprietary hardware, databases and parts thereof. This also applies, unless otherwise agreed in writing, for rights to published texts and contents of the output produced in the context of the service, the design of websites, logos, etc. Unless otherwise agreed in writing, the copying, sharing, sending or publish of data produced by RaceTimePro GmbH in any form is inadmissible. Also inadmissible is a commercial data use in relation with third parties.

 

Any use not expressly permitted in the contract requires the prior, express and written consent of RaceTimePro GmbH.

X.PAYMENT

Unless otherwise agreed, the invoices issued by RaceTimePro GmbH are due immediately after accounting without deduction. In case of default of payment, all dunning and collection costs will be added to the legal and bank default interest.

 

If facts are known, which question the creditworthiness of the contractual partner, in particular if this does not cash a cheque or stops its payments, RaceTimePro GmbH is entitled to require pre-payments or securities.

 

Set-off, retention or reduction, even if notices of defects are asserted, are only permissible in the case of indefeasible or undisputed counterclaims.

XI.DATA PROTECTION AND CONFIDENTIALITY

RaceTimePro GmbH collects, processes and uses personal data only if the data subject has given consent to the processing of his or her personal data or if processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. However, this in any case in accordance with the GDPR and in compliance with the data protection and civil law provisions.

The contractual partner is obliged to protect the confidentiality of all information connected with any contractual relationship with RaceTimePro GmbH. This obligation of confidentiality applies also after termination.

The privacy policy of RaceTimePro GmbH can be found here.

XII. GENERAL APPLICABILITY CLAUSE

If a provision of this agreement is or becomes illegal or inoperative, the validity of the remaining provisions will not be affected.

XIII. JURISDICTION AND CHOICE OF LAW

Austrian law governs these Terms and Conditions and the entire legal relationship between RaceTimePro GmbH and its contractual partners or third parties.

Insofar as the law does not stipulate any other mandatory place of jurisdiction and unless otherwise agreed in writing, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship the sole having jurisdiction is the court having jurisdiction for 3910 Zwettl, Austria.

The place of performance is the event location specified in the order confirmation.

XIV. FINAL PROVISION

These General Terms and Conditions shall be drawn up in the German and English language. In case of interpretation difficulties and / or any other doubts, the German version shall prevail.