GENERAL TERMS AND CONDITIONS
of the private company with limited liability Trackdays4all BV, registered with the Chamber of Commerce under number 53267486
ARTICLE 1: DEFINITIONS
These general terms and conditions apply to:
1.1. Terms and Conditions: the current terms and conditions of Trackdays4all;
1.2. Offer (s): all legal acts aimed at the conclusion of agreements, including proposals, offers and quotations;
1.3. Trackdays4all: the private company with limited liability Trackdays4all BV, the entities linked to Trackdays4all and / or the related third parties or third parties to be possibly designated by Trackdays4all;
1.4. Quotation (s): an offer without obligation from an authorized employee of Trackdays4all to the Customer to enter into an agreement;
1.5. Customer: the natural or legal person who has entered into an agreement with Trackdays4all, or wishes to enter into such an agreement with Trackdays4all and Trackdays4all has made an offer to that end, or to whom Trackdays4all has issued a Quotation / Offer;
1.6. Parties: Trackdays4all and the Customer jointly.
ARTICLE 2: APPLICATION GENERAL TERMS AND CONDITIONS
2.1. These Terms and Conditions apply to all Offers, Quotations, reservations, agreements and offered services and products that are purchased from Trackdays4all.
2.2. These terms and conditions may be deviated from only by written agreement and as far as Trackdays4all is duly represented by an authorized officer under the Trackdays4all Statutes or otherwise competent persons designated by Trackdays4all. Such a deviation has no binding effect on other agreements/legal acts between Trackdays4all and the Customer.
2.3. The Customer agrees to the applicability of these General Terms and Conditions to later agreements between the Customer and Trackdays4all. The Customer agrees that in that case these General Terms and Conditions need not be handed over again.
2.4. The applicability of the general terms and conditions of the Customer are explicitly excluded, unless expressly agreed otherwise by the Parties in writing. If the general terms and conditions of Trackdays4all and the Customer are applicable next to each other, the General Terms and Conditions of Trackdays4all prevail in the case of any conflicting provisions.
2.5. If one or more provisions in these General Terms and Conditions are null and void or become void, the other provisions of these General Terms and Conditions remain in full force.
2.6. Trackdays4all reserves the right to unilaterally change these terms and conditions interim. The amended version shall apply as soon as Trackdays4all has sent a copy of the modified terms and conditions by email and/or by post to the known email address and/or postal address of the Customer.
ARTICLE 3: QUOATION/OFFER
3.1. All Quotations or Offers made by Trackdays4all – in any form whatsoever – are without obligation and subject to the proviso “as long as the stocks or (or capacity) can be provided”, unless expressly agreed otherwise in writing.
3.2. Trackdays4all can not be held to a Quotation or Offer if this Quotation or Offer contains a manifest or printing error that can reasonably be recognized as such by the Customer.
3.3. The Quotation is dated and starts on that day for 14 days.
3.4. Written orders and Quotation requests from the Customer must be accompanied by a clear description of the goods or services to be delivered.
3.5. Trackdays4all will assume the accuracy of the information provided by the Customer and base its Quotation / Offer on this. Damage resulting from inaccuracy or incompleteness of this data is at the expense of the Customer.
3.6. If Trackdays4all accepts an Offer from the Customer or the Customer accepts a Quotation from Trackdays4all, Trackdays4all has the right to revoke this acceptance or this offer without obligation within a period of 7 working days.
3.7. If the Quotation is not accepted, Trackdays4all is entitled to charge all reasonable costs that are incurred with the acceptance of the Offer by the Customer, if they stipulated this before the submission of the Quotation.
ARTICLE 4: CONCLUSION AND AMENDMENT OF THE AGREEMENT
4.1. An agreement is concluded as soon as the Customer accepts a Quotation or Offer issued by Trackdays4all or as soon as an offer made by the Customer has been confirmed by Trackdays4all in writing, or as soon as Trackdays4all executes an
implementing act which is an extension of the agreement and the Customer does not take action against it the same day, or as soon as the Customer makes use of or participates in an activity, event, training or other service organized by Trackdays4all.
4.2. In the event that the Customer, after the conclusion of the agreement, wishes to adjust the agreement, Trackdays4all is not obliged to accept these amendments. It is in the free choice of Tracksdays4all to determine whether and to what extent these changes are accepted. In the case Trackdays4all accepts the changes made by the Customer, Trackdays4all has the right to charge the Customer with change fees.
4.3. Agreements or understandings well as changes thereto may only be entered into in writing by an official authorized to do so pursuant to Trackdays4all’s Statutes or otherwise authorized persons designated by Trackdays4all. Trackdays4all shall not be bound by any agreements or understandings as well as any changes thereto with Trackdays4all employees, unless this has been confirmed in writing by an officer authorized by Trackdays4all’s Statutes or by an authorized person otherwise designated by Trackdays4all. At the Customer’s first request, Trackdays4all will indicate who within its company is authorized to enter into or amend agreements and/or understandings.
4.4. Changes of date, time and/or the number of persons from 28 days before the activity or the event takes place are not allowed. In these cases, the cancellation costs as described in these Terms and Conditions apply.
4.5. Trackdays4all is allowed to hire third parties at its own discretion for the execution of the obligations in the context of the Agreement.
ARTICLE 5: RESERVATIONS OR REGISTRATIONS
5.1. Unless explicitly stated otherwise, the Customer is not obliged to make a reservation in advance or to register in advance for participation in an activity, event, training or other or related service. However, without reservation or registration, the Customer may be refused access to the activity, event, training or other related service.
5.2. All activities, events, training sessions and other or related services can be reserved on the basis of availability.
5.3. Reservation and/or registration for activities, events, training sessions and other or related services will be made by means of a digital registration form to be filled in by the Customer (s) via Trackdays4all’s website
5.4. Reservations and/or registrations for (a) Customer (s) made by intermediaries (shippers, travel agencies, event agencies, etc.), whether or not in the name of their relationship (s), shall be deemed to have been concluded also at the expense and risk of these intermediaries. Trackdays4all shall not owe any commission or
commission, under whatever name, to intermediaries, unless expressly agreed otherwise in writing. The full or partial payment of the amount due by the Customer (s) shall release the intermediary to the same extent.
ARTICLE 6: OBLIGATIONS OF THE CUSTOMER
6.1. The Customer is obliged at first request, both when entering the premises of Trackdays4all and when participating in or attending or using the activities, events, training courses and other activities organized by Trackdays4all or activities, events, training and other related matters and services organized by third parties engaged
by Trackdays4all, to identify themselves in order to enable Trackdays4all to, among other things, fulfil its (legal) obligations in connection with the activities, events, training sessions and other related matters and services organized by Trackdays4all or third parties engaged by them.
6.2. During the participation in or attendance of Trackdays4all or the use of activities, events, training sessions and other activities organized by Trackdays4all or activities, events, training and other related matters and services organized by third parties engaged by Trackdays4all, the Customer must not act in contravention of public order, good morals and the rules of decency that apply in relation to the nature of the activity, event, training and/or other related matters or service in question. The Customer is furthermore obliged to comply with the regulations, instructions and/or directions of Trackdays4all, its instructors, its personnel, its designated third parties, the fire brigade and other authorized persons.
6.3. The Customer shall be prohibited inter alia
a. to bring pets or animals to the Trackdays4all premises or to bring them along to activities, events, training sessions and other related matters and services organized by Trackdays4all or engaged third parties.
b. to smoke on the Trackdays4all premises in places where smoking is not expressly permitted
c. to bring welding materials, plastic bottles, cans, fireworks, firearms and/or weapons and/or dangerous objects and/or food items and/or beverages containing alcohol to activities, events, training sessions and other or related matters and services organized by Trackdays4all or engaged third parties engaged, under penalty of confiscation of these items.
d. to bring drugs to the activities, events, training events, and other or related matters and services organized by Trackdays4all or engaged third parties, under penalty of confiscation of these matters, and in some cases arrest and report to the police.
e. to participate, under the influence of alcohol, drugs and/or other narcotics, in activities, events, training sessions and other related matters and services organized by Trackdays4all or by engaged third parties.
f. in the opinion of the persons designated for this purpose by Trackdays4all to bring along dangerous objects or substances and/or substances that cause inconvenience to other visitors to the activities, events, training sessions and other or related items and services organized by Trackdays4all or third parties engaged by it, on pain of confiscation of these items.
g. to damage the premises or properties of Trackdays4all. The Customer is liable for any damage caused by him in or to the premises or properties of Trackdays4all.
h. sell goods of any kind or provide them free of charge on the premises of Trackdays4all to third parties
i. obstruct other visitors or attendees of the activities, events, training sessions and other related matters and services organized by Trackdays4all or engaged third parties, including, but not limited to, improper conduct (including acts of war) and theft.
6.4. As referred to in this article, the Customer is in default by operation of law without any further notice of default being required and Trackdays4all is entitled to dissolve the purchase with immediate effect and without judicial intervention and/or to refuse the Customer access or further access to its premises and/or to the activities, events, training courses and other related items and services organized by Trackdays4all or by engaged third parties. In the situation (s) referred to in the preceding sentence, the Customer shall not be entitled to a refund of the amount paid to Trackdays4all and/or other damages.
6.5. Trackdays4all is entitled to deny the Customer who, during one or more previous visits to the premises of Trackdays4all or the activities, events, training sessions and other or related matters and services organized by Trackdays4all or engaged third parties, has violated the rules of these General Terms and Conditions, or if
Trackdays4all has otherwise justified fears of damage to or violation of these General Terms and Conditions by the Customer, it may prohibit permanent or limited access to the activities, events, training sessions and other related matters and services organized by Trackdays4all or engaged third parties.
ARTICLE 7: PRIVACY
7.1. Trackdays4all and/or a designated third party processes personal data, including for example the data relating to the name, address and residence of the customer and visitors to its website (s) in accordance with its privacy statement violating one or more of the provisions and in accordance with the Dutch Personal Data protection Act.
7.2 By agreeing to the terms and conditions of Trackdays4all, you grant Trackdays4all as well as the employees and partners of Trackdays4all, the right to process your personal data and use for the purpose of participation in events, sending photos, sending information or newsletters, and registration for the time keeping. This is necessary for execution of the work and organization of events by Trackdays4all.
ARTICLE 8: TERMINATION BY CUSTOMER
8.1. The Customer is entitled to cancel an agreement with Trackdays4all no later than 4 weeks before the activity, event, training or other related service will take place. If a cancellation in accordance with this paragraph occurs, Trackdays4all is entitled to charge the Customer a reasonable percentage of no more than 20% of the invoice amount for all costs incurred in connection with the execution of the agreement with a minimum amount of € 50,00. Trackdays4all will refund to the Customer the fee stated on the receipt for the track day(s) but not the extra options such as; coaching, motor transpor, motorbike rent, hotel, pit box, course road racing license, etc. or, failing that, the fee paid by the Customer to Trackdays4all, after deduction of the costs due to Trackdays4all in accordance with this article.
8.2. The Customer is only entitled to cancel an agreement with Trackdays4all within 2 to 4 weeks before the activity, event, training or other related service will take place, if the Customer can submit a medical certificate to Trackdays4all from which Trackdays4all can conclude that the Customer cannot participate in the activity, event, training or other related service for medical reasons. In the event of cancellation in accordance with this paragraph,
Trackdays4all is entitled to charge the Customer a reasonable percentage of no more than 20% of the invoice amount for all costs incurred in connection with the execution of the agreement, including booking costs amounting to € 50,00 as well as for loss of profit. Trackdays4all will refund to the Customer the fee stated on the receipt for the track day(s) but not the extra options such as; coaching, motor transpor, motorbike rent, hotel, pit box, course road racing license, etc. or, failing that, the fee paid by the Customer to Trackdays4all, after deduction of the costs due to Trackdays4all in accordance with this article.
8.3. If the Customer does not wish to cancel in accordance with the previous paragraph, the Customer may also choose to sell his or her track day(s) to someone else. Trackdays4all must have the full details of the deputy of the Customer, as has to be filled in the registration form no later than one week before the track day(s) sent via e-mail. In this case, the Customer shall not be entitled to restitution and/or compensation.
8.4. If the Customer wishes to cancel the agreement 2 weeks before the relevant activity, event, training or other or related service will take place, Trackdays4all will demand fulfilment of the agreement.
8.5. If the Customer cannot participate in the activity, event, training or other or related service concerned for medical reasons, Customer may instead – in deviation from the provisions of Article 12 – allow a third party to participate in the activity, event, training or other or related service concerned by registering and approving the activity, event, training or related service by those third parties with Trackdays4all. Such notification must be made by the involved third parties, stating their name and other details on the registration form and no later than one week before the relevant activity, event, training or other related service will take place, under penalty of forfeiture of rights. In this case, the Customer shall not be entitled to restitution and/or compensation
8.6. Refunds pursuant to this article will be made no later than twelve weeks after the cancelled date after a valid and undamaged proof of payment for the cancelled event by the Customer is handed over to Trackdays4all. Booking fees, credit card costs, or other damages will not be reimbursed.
ARTICLE 9: CANCELLATION BY TRACKDAYS4ALL
9.1. Trackdays4all reserves the right at all times to cancel or continue activity, event, training or other related service organized by itself or an engaged third party no later than 14 days before the relevant activity, event, training or other related service will take place, for example in the event that Trackdays4all considers that there is too little registration. Trackdays4all is entitled to cancel an activity, event, training or other related service or an engaged third party at any time in the event of unforeseen circumstances or force majeure on Trackdays4all’s part.
9.2. If an activity, event, training or other activities organized by Trackdays4all or a third party engaged by Trackdays4all is cancelled by Trackdays4all pursuant to the previous paragraph prior to the commencement of the related service, Trackdays4all will only be obliged to refund to the Customer the fee that Trackdays4all has indicated on the proof of payment, or in the absence thereof the fee that the Customer has paid to Trackdays4all. Instead of the aforesaid refund, the Customer may also choose to participate in another activity, event, training or other or related service of Trackdays4all at a maximum value of the amount to be refunded to the Customer in accordance with this article.
9.3. If an activity, event, training or other activities organized by Trackdays4all or a third party engaged by Trackdays4all is cancelled by Trackdays4all pursuant to the previous paragraph after it has commenced, Trackdays4all shall only be obliged to refund a part of the fee that Trackdays4all has stated on the receipt or, failing
that, the fee that the Customer has paid to Trackdays4all.
9.4. Refunds pursuant to the previous paragraphs will be made within eight weeks of the cancelled date, at the latest, after delivery by the Customer of a valid and undamaged proof of payment for the cancellation of Trackdays4all. Booking fees, credit card costs, or other damages will not be reimbursed.
9.5. If, after payment by the Customer to Trackdays4all, it has become apparent that the Customer cannot participate in the relevant activity, event, training or related service because the maximum number of participants has been reached, Trackdays4all is obliged to refund the Customer the compensation that Trackdays4all has stated on the proof of payment, or in the absence thereof the fee that the Customer has paid to Trackdays4all. Refund pursuant to this paragraph shall be made no later than two weeks after Trackdays4all has become aware of the fact that in accordance with this paragraph Customer cannot participate in the activity, event, training or other related service in question.
ARTICLE 10: RATES, PROOF OF PAYMENT AND PAYMENT
10.1. All rates stated by Trackdays4all or agreed upon or applied between Trackdays4all and the Customer are exclusive of turnover tax, insurance, import duties, levies, freight costs, travel costs, material costs, tool costs, delivery costs, duties and other government taxes, unless expressly agreed otherwise in writing or agreed upon.
10.2. Unless another payment term has been agreed upon, payment must be made within 14 days after the conclusion of the agreement, and if this is earlier at the latest before the agreement has been executed by Trackdays4all, either in cash or via a payment system (i.e. by means of a payment system approved by Trackdays4all): iDeal, Paypal, Bancontact, Giropay, MyBank, Sofortbanking and Maestro), or with a credit card recognized by Trackdays4all (i.e. Visa, MasterCard, Postepay and Carte Bleue). If payment by credit card is chosen, Trackdays4all will be entitled to charge the Customer a surcharge of 6 % on the total amount owed by the Customer to the Customer.
10.3. After having arranged for payment to Trackdays4all, the Customer will receive a payment confirmation from Trackdays4all. This confirmation of payment will also be valid as an admission ticket. 10.4. The payment confirmation shall be given once-only and entitles one person to participate in an activity, event, training or other related service organized by Trackdays4all or an engaged third party.
10.5 If the Customer is in default or in default with respect to the (timely) fulfilment of its obligations, all reasonable costs incurred in obtaining extrajudicial settlement will be for the Customer’s account. In any case, in the event of a monetary claim, the Customer will owe collection costs. The collection costs amount to 15% of the outstanding principal sum, with a minimum of € 150, – (excluding VAT). If Trackdays4all has incurred higher costs, which were reasonably necessary, these are also eligible for reimbursement. Any reasonable judicial and enforcement costs incurred shall also be borne by the Customer.
10.6. An appeal for discount, set-off and/or suspension by the Customer is expressly excluded.
10.7. Payments made by the Customer shall in the first place always be used to settle all interest and costs due, and in the second place to settle payable invoices that have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.
ARTICLE 11: FORCE MAJEUR
11.1. Trackdays4all is entitled to suspend the performance of its obligations for the duration of a force majeure situation.
11.2. If Trackdays4all is permanently or temporarily prevented as a result of force majeure from executing the agreement with the Customer, Trackdays4all is entitled to terminate the agreement in whole or in part with immediate effect, without any obligation for Trackdays4all to pay compensation.
11.3 If Trackdays4all has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfil its obligations, it is entitled to separately invoice the part already executed or executable, which invoice the Customer must pay to Trackdays4all
11.4. Trackdays4all is also entitled to invoke force majeure if the circumstance preventing (further) performance occurs after Trackdays4all should have fulfilled its obligation.
11.5. Force majeure is understood to mean circumstances which prevent the fulfilment of the obligation and which cannot be attributed to Trackdays4all. This includes (if and insofar as these circumstances make compliance impossible or unreasonably difficult) explicitly but not exclusively: government measures, special weather conditions,
illness of the Trackdays4all staff, disturbances, revolutions and/or wars, an attributable failure in performance and/or force majeure on the part of those persons on whom Trackdays4all depends for the execution of the Agreement, fire and/or failure of the company of Trackdays4all, wildcat strikes or political strikes in the company of Trackdays4all, a general lack of defect in items necessary to achieve the agreed performance and general transport problems.
ARTICLE 12: PROHIBITION ON RESALE
12.1. The Customer is obliged to keep the proof of payment/entry ticket for an activity, event, training or other related service organized by Trackdays4all or an engaged third party for itself and may therefore only sell this to third parties, offer it for sale or provide it for commercial purposes with the express consent of Trackdays4all. This shall, not later than 4 working days before the event, to be requested in writing at Trackdays4all.
12.2. Trackdays4all may invalidate any proof of payment/access receipt resold and/or used for commercial purposes without the express permission of Trackdays4all. An invalidated payment receipt/entry ticket shall not entitle the Customer and/or the holder to access the activity, event, training or other related service in question without being entitled to compensation and/or reimbursement.
ARTICLE 13: COMPLAINTS
13.1. The Customer must notify Trackdays4all in writing of any complaints, in whatever form, as soon as possible – but no later than four weeks after the defects were discovered or should reasonably have been discovered. Complaints must be complete, clearly defined and accompanied by any evidence required
13.2. Failure to submit a complaint on time may result in the Customer losing his rights in this respect
13.3. Submitting a complaint does not cancel the Customer’s obligations, nor does it entitle the Customer to suspend its obligations.
13.4. Trackdays4all will respond to the complaints submitted by the Customer as soon as possible.
ARTICLE 14: LIABILITY AND INDEMNIFICATION
14.1. Entering Trackdays4all’s premises as well as participating in or attending or using activities, events, training sessions and other or related matters and services organized by Trackdays4all or third parties engaged by Trackdays4all, will take place at the Customer’s own expense and risk. Trackdays4all, its instructors, its personnel and/or engaged third parties are therefore not liable for damage caused by the aforementioned access to the premises of Trackdays4all as well as participation in or attendance at or use of the premises of Trackdays4all or activities, events, training events, events, training sessions and other related matters and services organized by third parties it engages, including damage caused by hearing, visual and other physical disturbances and/or injuries as well as damage caused by own driving behaviour or by the behaviour of others, unless there is deliberate intent or gross negligence on the part of Trackdays4all.
14.2. Trackdays4all is not liable to the Customer for any damage other than the direct damage resulting from an attributable shortcoming in the fulfilment of Trackdays4all’s obligations under the agreement and/or intentional act or omission or gross negligence on the part of Trackdays4all. Direct damage shall only be understood to mean (i) damage to property, (ii) the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to the direct damage as referred to in this article, (iii) the reasonable and demonstrable costs incurred in order to have the defective performance of Trackdays4all correspond to the agreement, insofar as these can be attributed to Trackdays4all, and (iv) the reasonable and demonstrable costs incurred by the Customer in order
to prevent or limit direct damage, insofar as Trackdays4all demonstrates that these costs have led to the limitation of direct damage as referred to in this article.
14.3. Trackdays4ll’s liability is at all times limited to the following:
a. Trackdays4ll is never obliged to compensate indirect damage. Indirect damage is understood to mean all damage that is not direct damage, including but not limited to consequential damage, loss of income or opportunities, loss of profit and damage as a result of business interruption;
b. If Trackdays4ll should be liable for any damage of any kind, then Trackdays4ll’s liability is limited to direct damage up to a maximum of the total amount that Trackdays4ll has received under the relevant agreement with the Customer;
c. Trackdays4ll’s liability is in any event always limited to the amount of the payment of Trackdays4ll’s insurance policy, if any.
14.4. Trackdays4all will endeavour to ensure that the activities, events, training sessions and other related matters and services organized by Trackdays4all or by engaged third parties will be carried out as much as possible in accordance with the time schedule or programme announced. However, it is not liable for any deviations from this and for any damage that may be caused to the Customer and/or third parties as a result. Furthermore, Trackdays4all is
not liable for damage to the Customer and/or third parties caused by a change in the content and the manner or quality of the execution of the programme of the activities, events, training sessions and other or related matters and services, explicitly including the length of the programme.
14.5. If Trackdays4all accepts receipt of goods or if goods in any way whatsoever are deposited, stored and/or left behind by whomever, without Trackdays4all stipulating any compensation for this, Trackdays4all is never liable for damage to or in connection with those goods in any way whatsoever, unless Trackdays4all has intentionally caused this damage or the damage is the result of gross negligence on the part of Trackdays4all
14.6. If damage is caused to the goods handed over by Customer to Trackdays4all for which Trackdays4all charges compensation, Trackdays4all is obliged to compensate the damage to these goods as a result of damage or loss. Compensation for damages shall never be payable in respect of other goods present in the delivered goods. Goods with a total value greater than € 150, – may not be delivered to Trackdays4all. The Customer guarantees that the
value of the goods to be delivered does not exceed € 150, – and Trackdays4all cannot and will not hold Trackdays4all liable for the loss or damage thereof for an amount exceeding € 150, -.
14.7. The Customer indemnifies Trackdays4all against all claims by third parties, including the costs of legal assistance that are connected with or result from the agreement, except in the event of wilful intent or gross negligence on the part of Trackdays4al.
14.8. The Customer shall be liable for all damage that has occurred and/or will arise for Trackdays4all, its instructors, its personnel and/or any other third party as a direct or indirect consequence of an attributable failure to fulfil its obligations under the Agreement and/or a wrongful act, including a violation of the house rules or the improper use of goods, committed by the Customer and/or third parties accompanying it, and for all damage caused by any animal and/or any substance and/or goods which they hold or are under their supervision.
14.9. By agreeing to these General Terms and Conditions, the Customer declares that he/she is aware of and has been expressly informed thereof and agrees that entering the premises of Trackdays4all as well as participating in or attending or using activities, events, training sessions and other related matters and services organized by Trackdays4all or engaged third parties engaged poses an increased risk.
14.10. As far as possible, the Customer shall insure him/herself adequately against any possible liability on the grounds of or against all possible risks that come along with the provisions of the agreement and these General Terms and Conditions, which must explicitly mean that the Customer must have an adequate health insurance. At Trackdays4all’s first request, the Customer must provide Trackdays4all with the insurance policy and proofs of premium payment for inspection or send copies to Trackdays4all.
ARTICLE 15: FOUND OBJECTS
15.1. Objects lost or left behind in the buildings or premises of Trackdays4all, which are found by the Customer, must be returned by the Customer to Trackdays4all with all due urgency.
15.2. Trackdays4all acquires ownership of objects of which the right holder has not reported to Trackdays4all within three years of their return to Trackdays4all. If Trackdays4all makes a declaration of the find to the municipality, the find will – within a period of 1 year after its return to Trackdays4all – be owned by Trackdays4all.
15.3. If Trackdays4all sends any objects left behind by the Customer to the Customer, this shall take place entirely at the expense and risk of the Customer. Trackdays4all shall never be obliged to ship these items.
ARTICLE 16: SUSPENSION AND DISSOLUTION
16.1. Trackdays4all is authorized, without further notice of default being required and without being obliged to pay any compensation, to dissolve the agreement in whole or in part or to suspend fulfilment of its obligations, if:
a. The Customer does not fulfil its obligations under the agreement, or does not fulfil them in time or in full;
b. Trackdays4all has good reason to fear that the Customer will not, not timely or not fully fulfil its obligations;
c. The Customer has gone bankrupt, applies for suspension of payments or is admitted to a debt rescheduling;
d. The Customer’s claims or goods are seized.
e. The Customer (company) will be dissolved;
f. The customer (natural person) is placed under guardianship or dies.
16.2. If the agreement is dissolved, Trackdays4all’s claims against the Customer are immediately due and payable.
16.3. If circumstances arise with regard to persons and/or material that Trackdays4all uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so inconvenient and/or disproportionately expensive that compliance with the agreement can no longer reasonably be demanded, Trackdays4all is authorized to dissolve the agreement.
ARTICLE 17: APPLICABLE LAW
17.1. Any agreement between Trackdays4all and Customer shall be governed by Dutch law.
17.2. Any dispute between Trackdays4all and Customer will be settled by the Court in Assen.
.
ARTICLE 18: DUTCH TERMS AND CONDITIONS BINDING
18.1. A version of these General Terms and Conditions has also been drawn up in various other languages. At the Customer’s request, these will be sent to the Customer, but the Customer cannot derive any rights from deviations from the present Dutch version of the General Terms and Conditions, which shall be considered binding.