Date: 17/01/2023
Dear participants,
Please read these Conditions of Travel carefully. By booking, you acknowledge the binding nature of the Conditions of Travel sent to you prior to booking.
Your organiser and contractual partner is exclusively METZLER : VATER travel GmbH, (hereinafter abbreviated to "MV travel"). MV travel is entitled to provide certain services under the name "Porsche Golf Circle” on the basis of an agreement with Dr. Ing. h.c. F. Porsche AG (hereinafter abbreviated to "Porsche"). Your travel registration and booking do not establish a contractual relationship between you and Dr. Ing. h.c. F. Porsche AG. Please understand that the services with regard to the "Porsche Golf Circle" are aimed exclusively at people who are Porsche customers/Porsche vehicle owners. This requirement is checked and ensured by verifying the personal data and the Porsche VIN (vehicle identification number) after the registration process within ten (10) working days after your travel registration. Please understand that if the result is negative, it will not be possible to book your chosen trip and your travel registration will be cancelled free of charge.
Your vehicle ownership can be verified by showing that:
Please note that renewed verification is required for each travel booking.
Insofar as they have been effectively agreed, the following provisions constitute the terms that govern the travel package contract between you and MV travel. They supplement and fulfil the statutory provisions of §§ 651a - y BGB (German Civil Code) and the information requirements for tour operators pursuant to Art. 250 §§ 1-3 EGBGB.
1.1 In registering for a trip (booking), you make MV travel a binding offer for the conclusion of a travel package contract. The basis of this offer is the published trip description and the additional information provided by the tour operator with regard to the respective trip, insofar as these were available to you at the time of booking. The travel package contract is only concluded after positive verification of the personal data and the Porsche VIN upon receipt of the travel confirmation by MV travel.
1.2 Bookings are only possible for the aforementioned individuals. The customer vouches for all contractual obligations of participants for whom they make the booking (co-participants) to the same extent as their own obligations.
1.3 We would like to point out that, pursuant to statutory provisions (§§ 312 par. 7, 312g par. 2 clause 1 no. 9 BGB), travel package contracts concluded via distance selling cannot be revoked. Your statutory rights of termination and revocation remain unaffected (see Section 6).
1.4 Any information in brochures, etc., not issued by MV travel is unbinding insofar as these are not expressly agreed in writing as the subject of the travel package contract.
1.5 Immediately after contract conclusion, you will receive a travel confirmation containing all essential information about the travel services you have booked. If the travel confirmation differs from your travel registration, this constitutes a new offer of MV travel that you may accept by express declaration, paying a deposit or a final payment and by making use of the travel service.
1.6 If you have any questions about the booking process, you are welcome to email porschegolfcircle@metzler-vater.com, MV Travel's "Porsche Golf Circle" hotline, at any time.
2.1 Our status as an intermediary in particular obliges MV travel to indicate this status when we provide a respective service, specifying the provider and contracting party during the booking procedure and disclosing any mediation fees payable to MV travel separately to the price of the travel package.
2.2 MV travel's travel services generally do not include air travel to the venue. Insofar as flights are not expressly stated as part of the travel package offered and provided by MV travel, MV travel only offers flights in its capacity as a mediator and not as part of its own services. In the event that participants conclude an air travel contract, such a contract is concluded exclusively between the customer and the airline.
2.3 MV travel shall not be liable for information provided by the mediated contractual partner regarding prices and services, for the provision of the service or for damages resulting from this mediated service. This does not apply if MV travel is the tour operator within the meaning of § 651b para. 1 BGB.
2.4 If the trip includes a flight, we are obliged under Regulation EC 2111/2005 of 14/12/2005 to inform you about the identity of the operating airline at the time of booking. If this is not yet known at the time of booking, we will inform you of the identity of the prospective airline as soon as possible. The same applies if there is a change of airline.
3.1 MV travel has taken out insolvency insurance with R+V Versicherung AG to secure customer deposits. In accordance with § 651r BGB, you will receive the travel security note together with your travel confirmation.
3.2 A down payment of 25% of the total trip price is due upon contract conclusion and after the travel security note is handed over. The remainder of the trip price is payable 30 days prior to departure if it is clear that the trip will be made as booked.
3.3 If the customer does not effect the down payment and/or final payment in accordance with the agreed due dates even though MV travel is willing and able to duly provide the contractual services, and there is no legal or contractual right of retention on the part of the customer, MV travel shall be entitled to rescind the travel package contract after sending the customer a reminder with issuance of a deadline, and to charge the customer a cancellation fee pursuant to Section 6.
3.4 Customers may pay for the trip by credit card (Visa, Mastercard). The customer must pay any international payment charges incurred. All payments to MV travel are to be made in Euro.
4.1 The nature of the driving event corresponds to the published trip description defined in the travel confirmation.
4.2 The events are designed to improve driving skills and not to achieve maximum speeds.
4.3 The objectives of the events are
4.3.1 to improve driving skills;
4.3.2 safe control of one's own vehicle (interaction between driver, vehicle and road);
4.3.3 to promote safety awareness;
4.3.4 to boost technical and medical knowledge.
5.1 MV travel is entitled to change the published trip description before concluding the travel package contract, and must inform the customer of the respective changes prior to booking.
5.2 Changes to key elements of the package compared to the agreed scope of the travel contract, which become necessary after conclusion of the travel package contract and prior to departure and which are not brought about by the tour operator in bad faith, are only permissible if they are insignificant and do not affect the overall trip profile.
5.3 MV travel is obligated to inform the customer about any significant changes to the package via a durable medium and immediately after becoming aware of the reason for the change.
5.4 In the event of a significant change to a key package element, the customer is entitled to withdraw from the travel package contract free of charge. The customer must assert these rights immediately after the declaration by MV travel about the change in the package element or the cancellation of the trip. If the customer does not respond or fails to respond within the set deadline, the changes shall be deemed accepted if the customer has been informed thereof in a clear and emphasised way.
5.5 Any warranty entitlements remain unaffected insofar as the changed package elements prove to be deficient. In the event that changes to the trip reduce the implementation costs for MV travel without any modification to the features of the trip, the customer shall be refunded the difference in accordance with § 651m para. 2 BGB.
6.1 The customer may withdraw from the trip at any time prior to departure. Customers must notify MV travel of their withdrawal by writing to the postal address below. For verification purposes, we advise customers to notify us of their withdrawal via a durable medium.
6.2 If a customer withdraws before departure or does not start the trip, MV travel loses any entitlement to the trip price. Instead, MV travel may claim reasonable compensation if the withdrawal is not its responsibility or if no unavoidable exceptional circumstances arise at the place of destination or in its immediate vicinity that materially affect the execution of the trip or the transport of persons to the destination; this applies if the circumstances are beyond the tour operator's control and their consequences could not have been avoided even if all reasonable precautions had been taken.
6.3 The cancellation fees are calculated as follows:
up to 31 days before departure 25 %
within 30 days before departure 75 %
within 15 days before departure 90 %
within 3 days before departure 100 %
The cancellation fee is calculated based on the price of the trip less the value of any expenses saved as well as any profit resulting from other use of the travel service. The rates take into account the period between withdrawal and commencement of travel, and must be substantiated at the request of the customer. Cancellations are possible until 23:59 (CET) on the specified withdrawal day. The customer is free to provide evidence that MV travel has incurred no or only lower costs.
6.4 The above-mentioned cancellation fees also apply if the customer does not arrive at the respective departure airport or departure point at the times stated in the travel documents, or if the journey cannot be started due to the customer's missing travel documents (e.g. passport/visa).
6.5 If the customer does not use any duly offered individual travel services for reasons attributable to the customer (e.g. early return or other compelling reasons), the customer shall not be entitled to a pro rata refund of the price of the trip. MV travel shall endeavour to reimburse the expenses saved by the service providers. This obligation does not apply if the services are wholly insignificant or if a refund conflicts with legal or regulatory requirements.
7.1 You may inform us within a reasonable period of time prior to departure and via a durable medium if a third party is to assume the rights and obligations under this travel package contract in your place. Notification shall in any case be deemed timely if it reaches MV travel no later than seven days before departure.
7.2 MV travel is entitled to refuse the participation of the third party if the latter does not fulfil the contractual travel requirements, in particular the personal requirements (Porsche customer/Porsche vehicle owner) stated in Section 12.
7.3 If a third party enters into the contract in your place, they shall be liable as a joint debtor in addition to yourself for the price of the trip and any additional costs incurred by the participation of the third party. MV travel shall only charge additional costs if and insofar as these are reasonable and have actually arisen. MV travel shall inform you immediately about any additional costs incurred.
MV travel has concluded a travel accident insurance policy for all trip participants under a group insurance contract with ERGO Reiseversicherung AG
Travel accident insurance
Sums insured:
disability. Booking your trip automatically covers you as an insured person under this group insurance contract unless you expressly state that you do not wish to avail yourself of this cover at the time of booking.
Furthermore, the cover includes obligatory
cancellation cost insurance with an excess
contribution.
You will receive the insurance certificate detailing the policy conditions and further particulars together with your booking confirmation. The travel accident and cancellation fee cover and excesses are already included in the MV travel trip price.
MV travel also advises customers to take out appropriate insurance to cover luggage damage and loss, illness, accident and third-party liability.
9.1 MV travel may withdraw from the contract before departure in the following cases:
9.1.1 if fewer than the minimum participants specified in the contract register for the travel package; in this case, MV travel will notify customers of its withdrawal by 23:59 (CET) within the following deadlines, depending on the duration of the trip:
9.1.2 If unavoidable exceptional circumstances prevent MV travel from fulfilling the travel package contract; in this case, MV travel will notify customers of their withdrawal immediately after becoming aware of the reason for cancellation.
9.2 In the event of a withdrawal, MV travel shall forfeit its entitlement to the price of the trip. Any payments towards the trip already received will be returned to the customer immediately, but no later than 14 days after withdrawal.
9.3 MV travel may withdraw from the travel package contract without notice if a customer persistently behaves in a disruptive manner despite warnings by MV travel, in particular if the customer violates the special regulations regarding vehicle use as described in Section 13 or acts in a manner contrary to the contract in such a way that justifies the immediate cancellation of the contract. In the event of a cancellation, MV travel shall retain the entitlement to the price of the trip less any saved expenses, as well as any benefits arising from other uses of the services not used or reimbursements by service providers; any additional costs for return transport must be borne by the disruptive customer.
10.1 MV travel is entitled to increase the price of the trip if this results directly from:
10.1.1 an increase in the price of transporting participants due to higher fuel or other energy costs;
10.1.2 an increase in taxes and other charges for agreed travel services, such as tourist tax, port or airport charges, or;
10.1.3 a change in exchange rates applicable to the package concerned after contract conclusion.
10.2 If the price increase pursuant to Section 10.1 exceeds 8 percent of the trip price, the tour operator will offer participants a corresponding price increase. The participant must then declare within a period of 7 days whether they wish to accept the offer or to withdraw from the contract. If the participant does not make a declaration within the set period, the offer to increase the price shall be deemed to have been accepted.
10.3 The tour operator undertakes to inform participants in a simple and clear manner of the price increase, its reasons, as well as how the price increase was calculated via a durable medium. Any price increase is only effective if it meets these requirements and participants are informed no later than 20 days before departure.
10.4 At the request of the customer, MV travel shall reduce the trip price if the criteria mentioned under Section 10.1 change in the intervening time between contract conclusion and departure, and if this change leads to reduced costs.
11.1 The customer must notify MV travel of any deficiencies in the trip without delay. If MV travel is unable to redress the situation due to culpably neglected notification, the customer shall not be entitled to a reduction in the price of the trip on the basis of § 651m BGB or to demand compensation on the basis of § 651n BGB.
11.2 If MV travel fails to provide a specific travel service or provides a service that is deficient, the customer shall be entitled to seek redress. MV travel shall only be entitled to refuse redress if this is impossible or only possible at a disproportionately high cost, under consideration of the scale of the deficiency and the value of the travel service concerned.
11.3 You shall be entitled to withdraw from the travel package contract if the package trip is significantly impaired by a deficiency and MV travel has not remedied the situation within a reasonable period of time, redress is refused or immediate redress is required; for reasons of verification, we advise customers to notify us of their withdrawal via a durable medium. In the case of withdrawal, we reserve our entitlement to the agreed trip price with regard to services already rendered and, if applicable, services still to be rendered by the completion of the trip. Our entitlement to the agreed trip price shall lapse with regard to services that shall no longer to be provided; any payments already made will be refunded in this case.
11.4 The customer shall not be entitled to claim compensation if the deficiency is the result of unavoidable extraordinary circumstances. Circumstances are unavoidable and extraordinary if they are beyond the control of the party who relies on them, and could not have avoided their consequences even if all reasonable precautions had been taken.
12.1 Participation in all elements of the event in which customers use vehicles is only permitted to holders of a valid driving license. Customers are obliged to present their driving license on site before the start of the event.
We accept the following driving licenses:
12.2 Only confirmed participants are entitled to participate in elements of events involving the use of a vehicle: It is the customers’ responsibility to check their driving ability and health before concluding the contract, and before participating in the elements of events that involve controlling a vehicle. Unless expressly described as a contractual service, MV travel has no obligation to conduct medical examinations of customers with regard to their general fitness for driving.
12.3 Customers are obligated to have their vehicles’ technical condition and safety checked at their expense before use during an event, irrespective of mandatory test, inspection and acceptance procedures. In the case of substantiated evidence of technical defects, in particular deficiencies in road safety, MV travel or its local agents may demand proof of such a test and, in the absence of proof, declare an exclusion or termination in accordance with Section 9.3 of these Conditions.
12.4 Customers must inform MV travel if they do not receive the necessary travel documents within the deadline communicated to them by MV travel, or if they do not receive them in full.
12.5 In case of lost or delayed luggage, customers must report any damage or delivery delays during air travel immediately and on the spot by submitting a notice of damage to the responsible airline. Airlines may refuse refunds if the customers do not complete and submit a notice of damage.
12.6 Participation requires that participants sign a disclaimer in favour of MV travel, Dr. Ing. h.c. F. Porsche AG, its directors, employees, representatives and vicarious agents and other participants before assuming control of the vehicle. The current version of the disclaimer shall be made available in advance by MV travel upon request.
12.7 Participants also transfer rights to images created in connection with the event to MV travel or Dr. Ing h.c. F. Porsche AG or its affiliates. To this end, participants must sign a declaration regarding the transfer of image rights before the start of the event. The current version of this declaration shall be made available in advance by MV travel on request.
13.1 Passengers in vehicles who are not customers of MV travel are generally not foreseen during the driving events, and their participation requires a separate agreement.
13.2 The guidance of the instructors must be obeyed.
13.3 The customer may not be under the influence of alcohol and other intoxicants during the driving sessions. Consumption of alcohol and other intoxicants is prohibited before and during driving sessions.
13.4 Smoking and the use of mobile phones without hands-free equipment is prohibited while driving.
13.5 Customers are required to observe all traffic regulations when driving on public roads, in particular speed limits. Fines and penalties shall be borne exclusively by the customer.
13.6 The organiser reserves the right to exclude individual customers from the event if they do not follow the guidance of the instructors or endanger themselves or third parties in any other way.
13.7 The driving events are managed by an instructor or a similarly qualified representative. The driving events nevertheless require a high degree of personal responsibility of the customer. In this connection, we expressly refer customers to the "Important Driving Event Information".
13.8 The instructor or similarly qualified representatives reserve the right to modify the planned tours according to abilities of the customers, the technical prerequisites or unforeseen circumstances in the context of MV travel's existing duties of care and the requirement to observe traffic safety regulations.
13.9 Aforementioned unforeseen circumstances in the course of driving events may in particular include extreme weather conditions or returning due to a participant’s injury.
13.10 The specific possibilities for using vehicles are defined in the respective trip descriptions. Depending on the specifications in the published trip description, participants may use vehicles provided by the organiser, their own vehicles or rented vehicles in accordance with the following regulations.
13.11 Participants must be at least 18 years of age to rent provided or rented vehicles, and must present a valid driver's license on site. We accept the following driving licenses:
14.1 For events in which vehicles are provided by the organiser in accordance with the published trip description, customers have the opportunity to drive a selection of Porsche vehicles during the event. Customers are not entitled to select a specific Porsche model. As a prerequisite for the provision of a vehicle, the customer must sign a separate rental agreement on site. A sample rental agreement can be requested from MV travel at any time.
14.2 All vehicles provided by the organiser are generally intended for 2 customers. Exclusive use of a vehicle can optionally be agreed for a surcharge, subject to availability.
14.3 Customers undertake to treat the vehicles with care.
14.4 Customers must report any accidents or damage to the vehicles to the instructors without delay.
15.1 Customers wishing to participate using their own Porsche vehicles are themselves responsible for maintaining their vehicles. The vehicles must have statutory liability insurance and StVO (German Road Traffic Act) approval. Vehicles with transfer or temporary license plates are excluded from participation. The organiser cannot provide substitute vehicles in the event of technical problems or damage to customer vehicles. Insofar as the organiser voluntarily offers technical support for participants’ vehicles at individual events, no separate fee will be charged for the services of the mechanic; any parts used will be charged separately.
15.2 Customers using their own vehicles are advised to check their insurance cover before participating in the vehicle event.
16.1 Customers must conclude a separate rental agreement in accordance with the rental conditions of the respective partner company if renting a vehicle from a respective MV travel partner company for a separate fee. Should any damage occur to a rented vehicle during the rental period, customers are not entitled to a replacement vehicle.
16.2 If not using their own Porsche vehicle for the driving event, or if vehicle rental is not included in the service, customers have the option of concluding a separate rental agreement with the respective MV travel partner company upon payment of an additional fee for the provision of a vehicle. There is no guarantee that a specific vehicle will be available for rental.
16.3 To conclude a separate rental agreement, customers must present a valid identity card or passport, a valid driving license and a valid credit card with a transaction limit sufficient to cover the agreed excess, but usually from at least €2,500.00 up to €25,000.00, depending on the vehicle model.
16.4 The customer must sign a separate rental agreement on site as a prerequisite for renting the vehicle. A sample rental agreement can be requested from MV travel at any time.
16.5 Porsche rental vehicles are provided with motor vehicle liability insurance, which does not include comprehensive cover. The rental agreement covers rental customers as if they were covered by a comprehensive policy with an excess. The amount of the excess to be reimbursed by the renter can be found in the rental agreement and is usually at least €2,500 up to a maximum of €25,000.00, depending on the vehicle model.
17.1 MV travel's liability for claims that constitute neither physical injury nor culpable damage (intent or gross negligence) is limited to the threefold price of the trip.
17.2 MV travel shall not be liable for any disruption to services, personal injury or property damage in connection with services provided externally (e.g. excursions, sporting events, theatre visits, exhibitions, transport services to and from the advertised starting and finishing location, etc.), insofar as these services are recognisably declared as external service in the published trip description.
17.3 If international agreements or legal provisions based on such agreements apply in relation to travel services under which a claim for damages against the service provider may only arise or can only be asserted under certain conditions or limitations, or if such claims are excluded under certain conditions, the tour operator may also invoke this circumstance in relation to the participant.
18.1 Any claims by customers arising from injury to life, limb or health due to intentional or negligent breach of duty by MV travel or a legal representative or vicarious agent of MV travel are subject to the statute of limitations.
18.2 All other participant claims pursuant to § 651i par. 3 expire after two years. This statute of limitations begins on the day on which the package trip ends according to the contract. If the last day of the period falls on a Saturday, a Sunday or a public holiday generally observed at the place of declaration, the package trip shall be considered to have ended on the next working day.
19.1 MV travel shall inform citizens of the states of the European Communities in which the trip is offered about passport, visa and health regulations prior to conclusion of the contract, as well as any changes thereto prior to departure. The respective consulates shall provide information for nationals of other states. In this context, it is assumed that no special features apply for customers and any fellow participants (for example, dual nationality, statelessness).
19.2 Participants are responsible for complying with all regulations that are of relevance for the trip. Any penalties resulting from non-observation of these regulations, e.g. payment of cancellation fees, are at the customer's expense. This does not apply if MV travel did not inform customers of the regulations, or informed customers of them inadequately or incorrectly. Please note that participation in the trip may be denied if customers do not hold the correct travel documents. We expressly refer customers to the travel expenses described in Section 6.4.
19.3 Insofar as the customer has commissioned these with their issuance, MV travel shall not be held liable for the timely issuance and receipt of necessary visas from the respective diplomatic representations unless MV travel has culpably violated its own obligations.
19.4 Customs and foreign exchange regulations are very strict in some countries. Please inform yourself before departure and follow the applicable regulations.
20.1 When you make your booking, we collect personal data required for the fulfilment and performance of the travel contract (Article 6 par. 1 (b) GDPR - performance of the contract) and/or for the legitimate interests of METZLER : VATER travel GmbH (Art. 6 par. 1 (f) GDPR). We store, process and use these data electronically to fulfil the contract and for purposes directly related to your booking. Your personal data will be transmitted to third parties to the extent necessary for the purpose and performance of this contract (e.g., airlines, hotels, partner companies, etc.). All your data will be processed strictly in accordance with German and European data protection laws.
20.2 Any additional use of your data, e.g., to inform you about other interesting trips and events, will only be done to the extent defined by you when using the web app and on the basis of the consent given therein. We will also ask for your voluntary consent to the production and publication of image and video recordings at the respective events and trips on site, in which you are personally recognisable.
The data required to fulfil the contract will be deleted after contract conclusion and upon expiry of the limitation period for claims under the contract of two years (§ 651i par. 3 BGB), provided that no statutory retention periods preclude this or you have explicitly consented to a longer retention period.
20.3 Your rights as a data subject: You have the right to request information under Art. 15 GDPR, to request the correction of incorrect data or deletion under Art.17 GDPR. According to Art. 18 GDPR, you have the right to restrict processing and, according to Art. 20 GDPR, you have the right to data portability. You may refuse consent to the use of your personal data on the basis of Art. 6 para. 1 (f) GDPR at any time by notifying METZLER : VATER travel GmbH, Balanstraße 69b, 81541 Munich, porschegolfcircle@metzler-vater.com. Please refer to our Privacy Policy for further information on how we process your personal data.
For questions and comments on privacy, please contact our Privacy Officer at:
datenschutz süd GmbH
Wörthstraße 15
97082 Würzburg
21.1 With regard to the law on consumer dispute settlement, MV travel points out that MV travel does not take part in a voluntary consumer dispute settlement. MV travel refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic commerce.
21.2 For customers/participants who are not nationals of a Member State of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer/participant and MV travel. Such customers/participants may sue MV travel exclusively in their domicil.
21.3 For actions brought by MV travel against customers or contractual partners of the travel package contract who are merchants, legal entities of public or private law, or persons who are domiciled or ordinarily resident abroad or whose domicile or habitual residence is unknown at the time the legal action is brought, the place of jurisdiction is the registered office of MV travel.
The tour operator is:
METZLER : VATER travel GmbH
Balanstraße 69b
81541 München
Germany
Munich district court HRB 245493
Email: porschegolfcircle@metzler-vater.com