General Terms and Conditions of CarChallenge
General conditions of INMAX BV, trading under the name CarChallenge, located in Blaricum, Deltazijde 14s, 1261 ZM registered with the Chamber of Commerce in Gooi and Eemland, under number 32079734. Hereinafter referred to as CarChallenge.
Article 1. Definitions CarChallenge:
CarChallenge, as described in the preamble. Customer: The (legal) person who has made a request to CarChallenge or has granted an assignment to perform work. Work: the work agreed between the Client and CarChallenge that will be performed by CarChallenge.
Article 2. General Provisions:
2.1. The following conditions apply to all agreements to be made with CarChallenge. 2.2. Deviations from these conditions are only binding if confirmed in writing by the management of CarChallenge. 2.3. The nullity of one or more provisions does not affect the validity and application of the remaining provisions. 2.4. Any general terms and conditions of the Customer, will only be accepted if expressly confirmed in writing by CarChallenge. In case of conflict of conditions, the general conditions of CarChallenge prevail
Article 3. Booking/Conclusion of Agreement:
3.1. Customer gives written or verbal notice to book and agrees to the terms and conditions. 3.2. From that point on, CarChallenge will start working on the booking and any changes will incur costs (see Article 7). 3.3. If CarChallenge then sends an order confirmation and the client signs and returns the order confirmation within the prescribed period, an agreement is established. 3.4. If the order confirmation is not returned within the specified period, CarChallenge cannot guarantee the availability of what is included in the agreement. 3.5. The person who enters into the agreement on behalf or for the benefit of a group of natural persons shall be jointly and severally liable for all obligations under this agreement. 3.6. CarChallenge will execute each agreement to the best of its ability and is entitled to engage third parties in and for the execution of an agreement.
Article 4. Payment:
4.1. CarChallenge will send Customer an invoice after order confirmation. 4.2. Unless otherwise agreed in writing, the invoice amount must be paid in full to CarChallenge no later than six weeks prior to the start of the activity. 4.3. The Customer who does not pay on time, is legally in default without further notice from CarChallenge is required. CarChallenge is entitled to dissolve the contract or claim full performance with additional compensation for all costs already incurred in connection with the contract and additional costs of e.g. a bailiff / collection agency or any judicial costs resulting from this. 4.4. The Customer who fails to pay on time shall owe CarChallenge the legal interest on the amount of the contract plus costs starting from the day of default, where part of a month is counted as a whole month. 4.5. To comply with the legally required warranty, CarChallenge uses the VZR Garant warranty scheme. You can check this through the participant page of the VZR Garant website. Within the limits of the Guarantee Scheme (found on the VZR Garant website), VZR Garant’s guarantee applies. In the Guarantee Scheme you can read which (travel) offer the VZR Guarantee applies to exactly and what this guarantee entails. If services are not provided due to CarChallenge’s financial inability, please contact VZR Garant, located at Torenallee 20, 5617 BC in Eindhoven, the Netherlands, at [email protected] or +31 (0)85 13 07 630.
Article 5. Cost/Price:
5.1. The price quoted by CarChallenge includes all items described in the activity. 5.2. Unless otherwise agreed, the quoted cost/price does not include: a. transportation to and from the start location(s) of participants; b. the cost of insurance; c. any costs for additional refreshments and additional materials used; d. all car expenses. 5.3. The under 5.2. point C. will be settled by the Customer with the relevant supplier(s) on the day of the activity(s), unless otherwise agreed). 5.4 If the costs mentioned under 5.2 point C. are not settled with the relevant supplier(s) on the day itself, a subsequent calculation will follow. For this purpose, 25% incl. VAT on the total amount of the administration fee. 5.5. Published prices are based on the prices and conditions as they were known at the time the program was prepared. CarChallenge reserves the right to change the price prior to final booking if prompted by third party price adjustments, including applicable VAT regulations or currency fluctuations.
Article 6. Change(s) and/or cancellation by Customer:
6.1 If an agreement or participation of one of the team members is cancelled, cancellation fees are due: – 25% of the agreed offer amount after the signing of the offer; – up to 16 weeks before the start of the challenge, 50% of the agreed offer amount; – after 16 weeks before the start of the challenge, 100% of the agreed offer amount. 6.2 Cancellations and/or changes will only be considered if made in writing or by email, on weekdays during business hours. Cancellations outside these business hours are considered to be made on the next business day. 6.3 Increase in the number of participants or change by the Customer in the agreed program can be provided if and to the extent possible. In the event of higher expenses, these will be passed on to the Customer. 6.4 Cancellation insurance can be purchased at CarChallenge.
Article 7. Change(s) and/or cancellation by CarChallenge:
7.1. If CarChallenge, due to circumstances arising from CarChallenge’s own business operations, cannot allow the program to continue or must make changes, CarChallenge is obliged to inform the Client as soon as possible. 7.2. If CarChallenge cannot make the booking, CarChallenge will immediately refund the reservation fee already paid (in whole or in part), unless there is force majeure. CarChallenge is not liable for any other fees or charges.
Article 8. Damage by participant(s):
8.1. If a participant of a challenge causes or may cause such nuisance or inconvenience, that a proper execution of the challenge is greatly hindered, he can be excluded from (continuation of) the challenge by the CarChallenge supervisor, without any right to a refund of the payment, mentioned in article 4, to this participant. 8.2. All costs arising from nuisance and the participant’s exclusion shall be borne by the participant, if and to the extent that the consequences of nuisance or burden can be attributed to him. CarChallenge reserves the right to recover any damages caused by the participant from the participant or the Customer. 8.3 Unless otherwise specified, exclusion from participation can only be based on the Procedure Book which Customer will receive prior to the event.
Article 9. Damage to car and repatriation:
9.1. The customer participates with his/her car. The Customer is fully responsible for the use of the car. Car and related costs during the Challenge and costs resulting from use during the Challenge are always the responsibility of the Customer. This also applies to costs caused as a result of car breakdown or damage such as costs of repatriation, unused travel days, etc.
Article 10. Complaints:
10.1. Despite the efforts and concerns of CarChallenge, it is still possible that the Customer may have a complaint. This complaint should be indicated immediately to the contact person / supervisor of CarChallenge, so that as far as possible to the satisfaction of the Customer can be remedied. 10.2. If it is not possible for CarChallenge to resolve the complaint at the time of the challenge, it will be considered by CarChallenge after written submission by the Customer. The complaint must be submitted to the CarChallenge within 48 hours of its occurrence. E.g. in accordance with the Procedure Book.
Article 11. Publications:
11.1. CarChallenge assumes no responsibility for information, photographs, brochures and other informational materials to the extent published by third parties. 11.2. Printing errors and/or obvious mistakes in the publications of or on behalf of CarChallenge do not bind CarChallenge. The offer of CarChallenge made in publications is without obligation and can be revoked if warranted.
Article 12. Limitation of Liability CarChallenge:
12.1. CarChallenge is not liable for obvious inaccuracies in the offer made to Customer. 12.2. CarChallenge is not liable for any damage or injury to Customer or the participants of the activity, unless there is demonstrable intent or gross negligence on the part of CarChallenge. 12.3. CarChallenge is not liable for damages suffered by participants due to delays, mechanical breakdown, weather conditions, natural influences, strikes, illness or any force majeure situation. 12.4. CarChallenge is not liable for actions and influences of third parties not directly involved in the performance of the contract; circumstances that are not attributable to CarChallenge and that under Dutch law or socially accepted standards cannot reasonably be attributed to CarChallenge. 12.5. Insofar as CarChallenge is liable as a result of this article, then this liability is limited to the amount of the relevant assignment that gave rise to the agreement.
Article 13. Intellectual property:
13.1. All documents provided by CarChallenge, such as proposals, advice, agreements, etc. are exclusively intended to be used by the Client and may not be reproduced, made public, or brought to the knowledge of third parties by him without the prior consent of CarChallenge. 13.2. CarChallenge reserves the right to use the knowledge gained by the execution of the work for other purposes, as long as no confidential information is brought to the knowledge of third parties.
Article 14. Force majeure:
14.1. In case of force majeure, CarChallenge has the right to suspend the execution of the assignment or to dissolve the agreement in whole or in part, without the Customer being able to claim compensation for damages, costs or interest. CarChallenge will notify the participant immediately of any force majeure event and attempt to offer a mutually satisfactory alternative. 14.2. Force majeure means, not limitative, strikes, death, fire, transportation, obstruction, molestation, illness and in general all unforeseen circumstances as a result of which compliance with the agreement can no longer be required of CarChallenge.
Article 15. Governing law:
15.1. The agreement between CarChallenge and Customer is governed by Dutch law. Unless parties have agreed to resolve the dispute between them or to submit it to an arbitration body, all disputes will be tried by the competent court in The Hague, or at least by the competent court in the district where CarChallenge has its seat, insofar as the dispute does not belong to the competence of the magistrate.