LEGAL CONTRACTING CONDITIONS
These General Conditions, together with the Particular Conditions that may be established, regulate the legal relationship derived from the contracting processes formalized through this website, and may be contracted by any user provided that they comply with all the terms stipulated in these Conditions. .
These conditions will exclusively govern purchases and registrations through the TRACKRATCLUB.COM website owned by DELIGE INGRUP, SL as provider. The acceptance of this document implies that as a user:
- You have read, understand and accept what is stated here.
- That you be a person with sufficient capacity to contract.
- That you assume all the obligations set forth herein.
These conditions will have an indefinite validity period.
TRACKRATCLUB.COM reserves the right to modify or change these conditions at any time. If the modifications constitute a substantial change in the terms, TRACKRATCLUB.COM will notify you by publishing an announcement on this website, without this affecting the purchases or services that were acquired prior to the modification.
Object of the Contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the user at the moment in which the user accepts the corresponding box during the online contracting process.
From the moment of acceptance, the user acquires the status of client / client of TRACKRATCLUB.COM.
The contractual relationship of sale entails the delivery or provision of the service, in exchange for a certain price and publicly exposed through the website.
As a condition to contract any of the services or products offered by TRACKRATCLUB.COM, the User must contact through the TRACKRATCLUB.COM website and provide the information corresponding to their request by completing the corresponding form.
By virtue of the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), the following information is offered:
- Its trade name is TRACKRATCLUB
- Its corporate name is DELIGE INGRUP, SL
- Your CIF/ NIF B65418295
- Its registered office is at C/ Baldrich 121, 08221 Terrassa – Barcelona.
The purpose of this contract is:
the contracting of services or events related to the motor, such as shots in speed circuits and provision of additional services.
The acquisition of merchandising and products related to the motor world.
Hiring and payment of services and products
The consumer who wishes to contract a service offered on the website from the “Calendar” menu does so by means of the “Register” option. Once the registration has been made, TRACKRATCLUB carries out all the appropriate and necessary steps to obtain confirmation from the suppliers based on the number of places available and the indicated period.
At the time of making the reservation, the consumer must proceed to pay the total amount indicated by one of the means of payment provided.
The consumer will receive in his contact email the summary of his purchase, with all the necessary details for his correct enjoyment. The consumer will be able to access his user account on the TRACKRATCLUB website to manage the data of his reservation as well as modify or cancel it.
In case of not being able to offer the contracted service for reasons attributable to TRACKRATCLUB, it will proceed to refund all amounts paid by the consumer.
The contract will be understood to be perfected from the moment of payment of the reservation, binding both parties.
Any incomplete registration will be void. All registration must be validated by the organization.
Provision of services and realization of events
In the event that variations occur with respect to the information provided and that gave rise to the contract, TRACKRATCLUB will inform the consumer of said variations, and the consumer may terminate the contract within 72 hours of said information, without any penalty and refunding all amounts paid.
If prior to the date, the consumer requests a change referring to the other additional services offered, TRACKRATCLUB may require the payment of the justified additional expenses that said modification would have caused, as well as a premium for modification of the reservation that may not exceed 5 % of the price of the service.
Before the date, TRACKRATCLUB will only be able to make the necessary changes for the good end of the event as long as these are not significant. The necessary changes will be considered significant if they prevent the performance of the service.
If TRACKRATCLUB is forced to make significant changes, it will immediately notify the consumer. The consumer may accept the modification of the contract in which the necessary variations introduced are indicated as well as their impact on the final price, or they may terminate the contract. The consumer must expressly communicate his decision within three days after being notified of the modification. If the consumer does not communicate his decision within said period, it will be understood that he opts for the resolution of the contract without any penalty.
TRACKRATCLUB may only revise the price, upwards or downwards, provided that such revision occurs before 20 days prior to the date and provided that it does not exceed 15% of the price of the service or event. If it is greater than 15%, the consumer may accept the price change, or may terminate the contract. The consumer must expressly communicate his decision within three days after being notified of the modification. If the consumer does not communicate his decision within said period, it will be understood that he opts for the resolution of the contract without any penalty.
The consumer may assign his reservation to a person who meets all the conditions required in the contract and always with the prior authorization of TRACKRATCLUB.
The assignment must be communicated to TRACKRATCLUB through the email address [email protected] and it will be free if it receives the communication at least fifteen days before the start date of the event. If it is desired to carry it out later and TRACKRATCLUB can accept it, it may require the consumer a premium for assignment that will not exceed 3% of the price.
In any case, the consumer and the person to whom the reservation has been assigned are jointly and severally liable before TRACKRATCLUB for the payment of the rest of the price, as well as any additional justified expenses that the assignment may have caused.
In the event that the consumer decides to withdraw from the contract prior to the contracted date, the following refunds or penalties will be applied:
- Cancellations requested up to 60 days before the Event is held, the amount paid will be reserved free of charge as Balance in Favor for another event to be chosen during the current year or the amount paid will be returned less a charge of €5 for administrative expenses.
- Cancellations requested between 60 and up to 15 days before the Event is held, the amount paid will be reserved free of charge as Balance in Favor for another of the following two events organized by TRACKRAT CLUB or the amount paid will be refunded. minus a 15% administrative fee.
- Cancellations requested less than 15 days before the Conference is held, 50% of the amount paid will be reserved as a Balance in Favor for the following event organized by TRACKRAT CLUB.
- Cancellations requested less than 5 days before the Conference is held will accrue in the total loss of balances and acquired rights, without any reservation or refund by TRACKRAT CLUB.
- Failure to attend an event that has NOT been duly canceled will not give the right to receive any refund or compensation of any kind.
- In case of force majeure the consumer will not be penalized. The death, accident or serious illness of the consumer or of any of the people with whom he lives will be considered a cause of force majeure and proof must be provided to support the veracity of such declaration.
- If the consumer withdraws from the event once it has begun, he will not be able to claim the refund of the amounts delivered and will continue to be obliged to pay those that are pending payment.
The withdrawal takes effect from the moment in which the consumer’s desire to withdraw becomes known to TRACKRATCLUB.
TRACKRATCLUB will proceed to return the appropriate amounts to the consumer within a maximum period of one month.
To make the communication of withdrawal from the contract, you must send a communication to the email address [email protected]
If the consumer checks during the provision of the contracted service, that there is any defect or omission in it, he must notify the displaced TRACKRATCLUB staff in the same place and as soon as possible. The communication will be made by any means in which it is recorded. Once the communication is received, TRACKRATCLUB will take the appropriate measures to find the appropriate solutions.
The communication will not take effect if TRACKRATCLUB verifies in the presence of the consumer that the defect does not exist or that it does not meet the indicated characteristics, and they have so stated.
If the consumer does not make said communication to the displaced TRACKRATCLUB staff, he must prove the defects that he alleges in accordance with the general criteria of proof and all the damages that occur or are aggravated by his lack of communication will be his responsibility.
Obligations of the participants
Be the holder of a valid driving license.
Those who suffer from injuries or physical anomalies that reduce their ability to drive safely will not be able to enjoy the service.
Not be under medical treatment with contraindications to drive a car, nor be under the influence of alcohol or a drug and, in general, be in full possession of their faculties. TRACKRATCLUB reserves the right to control the blood alcohol level by means of a breathalyzer and, in case of refusal to carry out the test by the participant or if the test is positive, prevent the participant from accessing the event. In this case, no refund will be issued to either the participant or the buyer.
Commit to scrupulously and immediately respect the regulations of the circuit or place of the event, as well as in general all the instructions and slogans of those responsible for TRACKRATCLUB, where it is specified that, in the event of dangerous behavior or non-compliance with any of the the slogans or instructions, it reserves the right to put an end to the participant’s tests, for security reasons, without the latter being able to claim reimbursement, even partial, of the payment made.
Accept the risks inherent in driving a sports vehicle and, therefore, exempt TRACKRATCLUB (and DELIGE INGRUP, SL) as well as its directors, associates and managers from any responsibility in the event of an accident that could happen during the experiences. .
The customer is responsible for their vehicles and accessories.
Consequently, and generally:
The client must do everything necessary to avoid the risks that he or one of his guests could cause.
In any case, the consumer must respect and attend to the instructions provided by TRACKRATCLUB or its collaborators for the proper execution of the services. It will observe the legal regulations that are generally applicable to the holding of events.
In the services provided in a group, they will show due respect to the other participants and will observe a conduct that does not harm the normal development of the activity.
In the event that TRACKRATCLUB observes inappropriate conduct in accordance with what is indicated in the previous sections, it may terminate the contract in the part not provided. TRACKRATCLUB may demand the appropriate compensation for the damages caused that are attributable to the conduct of the consumer.
The responsibility of TRACKRATCLUB will cease:
- Provided that the defects observed in the execution of the contract are attributable to the consumer.
- That the defects are attributable to a third party unrelated to the supply of the benefits provided for in the contract and are of an unforeseeable or insurmountable nature.
- That the defects are due to reasons of force majeure, understood as abnormal and unforeseeable circumstances whose consequences could not have been avoided, despite having acted with due diligence.
- That the defects are due to an event that TRACKRATCLUB could not foresee or overcome even if it had adopted the appropriate diligence measures. In this case, it will be understood that the provision is not carried out because the circuit, despite its contracting, is not available for reasons not attributable to TRACKRATCLUB.
Although TRACKRATCLUB is exempt from liability, it will attend to the duty of helping consumers, providing the necessary assistance to it. However, it will not be obliged to do so when the assistance is necessary due to the intentional or negligent conduct of the consumer.
Liability and insurance coverages
All the activities that constitute the provision of services have adequate insurance coverage to take care of the compensation derived from bodily or non-bodily damage.
These coverages are based on the information provided by the consumer to TRACKRATCLUB.
The consumer must sign a release of responsibility before the start of the event.
The participant, by means of this contract, downloads and releases the company TRACKRATCLUB (DELIGE INGRUP, SL) from all contractual, non-contractual or criminal civil liability for any damage or injury, death, natural, moral or economic damage, derived from these activities. sports. Likewise, it waives all types of collection of compensation, claim, demand or action for damages derived from the agreed activities, meaning the practice, the transportation, and any other act that is carried out during the development of these activities.
TRACKRAT CLUB will not, in any case, be responsible for theft, disappearance, deterioration or other damage to objects belonging to the client or one of their guests, or for the supervision of children.
The client assumes that the photos and videos taken during the events will be public and gives his consent for the company to use them for purposes related to the advertising of its products or for its publications on social networks. The photos will be published in an album together with the other photos of clients of the same event.
These general conditions of the combined travel contract are governed by what is agreed between the parties, the regional legal regulations in force at the place where the contract is signed and, failing that, by the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the defense of consumers and users and other complementary laws.
Claims to TRACKRATCLUB
Without prejudice to the legal actions that assist him, the consumer may make written claims for non-execution or poor execution of the contract before TRACKRATCLUB within a maximum period of 30 days, counting from the day in which the service should end.
TRACKRATCLUB will reply in writing to the claims made within a maximum period of 30 days from receipt.
Jurisdiction and prescription
For the resolution of any conflict that may arise from the contract, they expressly agree to submit to the courts and tribunals of the city of Girona, waiving any other general or special jurisdiction that may correspond to them. Law 34/2002 of July 11 on Information Services and Electronic Mail will also apply to these conditions.