1. Basic provisions
- 1.3 For the download from a third party, the third-party terms and conditions also apply.
- 1.4 For the purposes of the following rules, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur is any natural or legal person or partnership with legal rights that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
- 1.5 The contract language is German.
- 1.6 The contract text is stored by the provider.
2. Subject matter
- 2.1 The app "Racetrack Coach" provides the user with various functions in the field of motorsport.Theyincludes, among other things,aRacetrack databaseas well asthe display of local conditions such as accommodation in the surroundings of the racetracks.
- 2.2 The "RacetrackCoach" app is subject to a charge.
- 2.3 Furthermore, users have the possibility to book prefabricated racetrack analyses as well as coachings by racers and instructors fora fee.
Contract closing app
- 3.1 To use the app, you must first install the app in full. The App is offered for download through the App Store operated by Apple Inc. and by the Google Play Store operated by Google Inc. (hereinafter collectively referred to as "Stores"). The apple inc. terms and conditions apply to the use of the Stores. and Google Inc.
- 3.2 The use of the Racetrack Coach app still requires the creation of a user account; for this purpose, it is necessary that the user enters his name, his e-mail address and a password. The user is free to indicate his civic name or a pseudonym. The personal data will finally be displayed to the user again on an overview page. Before submitting the registration declaration, the user has the possibility to check all information again, to change it or to cancel the registration process. The "Complete Registration" button allows the user to complete the registration of the "Racetrack Coach" app. After registration, a personal account is available to the user for theuse of the app "Racetrack Coach", which he can access with the assigned user data (login name/password).
Contract conclusion racetrack analyses
- 3.3 Already with the setting of the racetrack analysis, the provider submits to the user a binding offer to conclude a contract under the conditions specified in the description. 3.4. The contract for the racetrack analysis is concluded as follows:
- 3.5 The "book" button first directs the user to the website https://elopage.com/s/racetrackcoach/pro-notes-spa-francorchamps-deutsch/ geleitet.
- 3.6 The user can select the desired racetrack analysis and add it to the shoppingcart. The corresponding button in the navigation bar allows the user to access the "shopping cart" and make changes there at any time. After accessing the page"continueto checkout" and entering the personal data as well as the paymentconditions, all order data will be displayed again on the orderoverview page.
- 3.7 Before submitting the order, the user has the possibility to check all information here again, to change it (also via the function "back" of the internet browser) or to cancel the purchase.
- 3.8 By submitting the order via the "order with payment" button, the user makes a bindingoffer, which makes the contract.
Contract conclusion coaching
- 3.9 Already with the setting of the coachings, the provider submits to the user a binding offer to conclude a contract under the conditions specified in the description.
- 3.10 The contract for the coaching comes into being as follows: Using the "book" button, the user is first transferred to the website https://www.timify.com/de-de/profile/racetrackcoach-gmbh/ of the provider TerminApp GmbH. Here, the user can select the coaching desired for booking via the "Book appointment now" button. The user can then choose whether to make the booking via a "Timify account", a Facebook account or as a guest order. After selecting the booking type and entering the personal data as well as the payment conditions, all booking datawill be displayed again on the order overview page. Before submitting the order, the user has the possibility to check all information here again, to change it (also via the function "back" of the internet browser) or to cancel the booking. By submitting the booking via the "order for payment" button, the user declares the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
- 3.11 For the use of the provider "Timify" the conditions of the company TerminApp GmbH also apply.
4. Prices and terms of payment
- 4.1 The prices quoted represent total prices. They include all price components including all applicable taxes.
- 4.2 Unless otherwise stated, the payment entitlements arising from the concluded contract are due for payment immediately.
- 4.3 The payment methods available to you are shown in the respective offer.
- 4.4 If you pay by credit card, your credit card account will be debited with the conclusion of the contract.
6. Technical requirements
- 6.1 In order to use the"RacetrackCoach" app,it is a prerequisite that the user has an internet-enabled mobile device that supports one of the following operating systems:
- iOS Version 10.x or later
- Android from SDK 21+
- 6.2 The provision of the services presupposes the functionality and operational readiness of the user's smartphone as well as Internet access.
- 6.3 The provider reserves the right to continuously adapt the "RacetrackCoach"app and the requirements for its use to market conditions. For the use of the app "Racetrack Coach" it is therefore especially necessary to keep the operating system of the smartphone as well as the app "Racetrack Coach" up to date. Adjustments can also lead to older smartphones in particular not meeting the requirements in the future, or only to a limited extent.
7. Withdrawal of the provider from coaching
- The provider is entitled to withdraw from the booked coaching if the booked coach is available without any fault of the provider despite his contractual obligation. In this case, the provider will inform the user immediately that the booked coaching no longer takes place and will refund any services already provided without delay.
8. Duration/cancellation of the "Racetrack Coach" app
- 8.1 The user contract runs for an indefinite period and can be terminated at any time without observance of a deadline by the provider and/or the user.
- 8.2 The user can terminate the contractual relationship by deleting the app from his smartphone. The provider waives access to a notice of termination.
- 8.3 With the deletion of the app "Racetrack Coach" from the smartphone, the personal account of the user is not deleted. However, the user can delete his personal account via the "Delete Account" button.
- 8.4 Termination by the provider is due to the permanent discontinuation of the services towards the user.
- 9.1 The provider makes no warranties regarding the availability, reliability, functionality or suitability of the app for the purposes of the user.
- 9.2 Liability shall be held, unless in accordance with the Product Liability Act, due to intent, gross negligence, injury to life, body or health, the assumption of a quality guarantee, fraudulent concealment of a defect or breach of essential contractual obligations is necessarily liable. Essential contractual obligations are such obligations, the fulfilment of which enables the proper execution of a contract in the first place and on whose compliance the contracting parties may regularly rely. Compensation for breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless there is intent or gross negligence.
10. Alternative dispute resolution
- The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
11. Choice of law, place of performance, place of jurisdiction
- 11.1 German law applies. In the case of consumers, this choice of law applies only to the extent that this does not deprive the protection afforded by mandatory provisions of the law of the state of habitual residence of the consumer(principle of favourability).
- 11.2 The place of performance for all services arising from the existing business relations with the provider as well as the place of jurisdiction is the registered office of the provider, insofar as the user is not a consumer but a merchant, a legal person of the public law or a special fund under publiclaw. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. Thisdoes not affect the power to appeal to the court at another legal place of jurisdiction.