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General terms and conditions of business

  1. Scope
     1.1 These General Terms and Conditions (hereinafter referred to as "GTC") govern the business relationship between Patrick Winter :: Training & Driving, Schwärzkogel 2, A-4553 Schlierbach (hereinafter referred to as "PWR") and the customer.

    1.2 You can reach our customer service department for questions, complaints and grievances on weekdays from 8:00 a.m. to 4:00 p.m. by telephone at +43 (0) 664 21 18 227 and by email at info@patrick-winter.com

    1.3 For the purposes of these terms and conditions, a consumer is any person who enters into a transaction that is not related to the operation of their business (§ 1 KSchG).
  2. Registration for an event: Registration must be submitted in writing by letter, email, purchase on a PWR-operated website, via a form on a PWR-operated website, or directly to a PWR representative and will be confirmed immediately. Registrations are generally processed in the order they are received or, subsequently, upon receipt of payment. The contract is concluded upon signature of the contract or by confirming the terms and conditions and the cancellation policy and clicking "Buy" in the online shop. The customer is obligated to provide all registration data completely and accurately. Registration data is subject to data protection regulations. PWR reserves the right to reject a registration without giving reasons. Scheduling must be arranged – if available – directly during the online shop's ordering process; otherwise, it must be done by telephone, email, or letter directly with PWR.

  3. Payment terms: The full invoice amount is generally due within the payment period stated on the invoice. However, in any case, the right to participate in an event requires payment of the agreed fee no later than 5 days before the start of the event.

  4. Failure to attend the event: If the customer fails to attend the event, PWR's claim to payment of the agreed fee remains in principle and is governed specifically by the provisions of § 1168 ABGB.

  5. Cancellation and Postponement of Events: PWR reserves the right to cancel events for which registrations do not reach at least 50% of the advertised participant quota by the 5 days prior to the event's start date. Furthermore, PWR reserves the right to cancel events if unforeseen or uncontrollable circumstances arise that could endanger customer safety, such as weather conditions, natural disasters, road closures, strikes, or accidents. PWR will inform the customer of any cancellation without undue delay. In the event of such a cancellation, the customer may, at their discretion and subject to availability, participate in any other event, with the value of the fee already paid. Other experiences offered by PWR that exceed the value of the fee already paid are subject to additional charges. Claims for further expenses (e.g., travel or accommodation costs) are excluded in the event of a cancellation for which PWR is not at fault (e.g., weather-related cancellations).
  1. Exclusion from participation: PWR is entitled to exclude the customer from (further) participation in the event if their behavior endangers others or themselves, or disrupts the orderly conduct of the event or the business, even after they have been previously asked to cease their behavior. In such cases, there is no entitlement to a refund of the fee paid.

  2. PWR's liability: PWR is liable for property damage and financial losses only in cases of gross negligence or intent. This limitation of liability applies equally to our agents and subcontractors.

  3. Place of jurisdiction and performance: Austrian law shall apply exclusively, excluding its conflict of laws rules. The place of performance is Graz. The following is agreed regarding the place of jurisdiction for disputes:

    8.1 Customer is a consumer: Lawsuits brought by PWR against the customer may only be brought at the customer's general place of jurisdiction (residence, habitual residence, or place of employment). For lawsuits brought by the customer against PWR, the exclusive jurisdiction of the competent court in Kirchdorf an der Krems is agreed upon.

    8.2 Customer is an entrepreneur: For all legal actions, the exclusive jurisdiction of the competent court in Kirchdorf an der Krems is agreed.
  1. Alcohol ban: A strict alcohol ban applies throughout the entire event, meaning adherence to the 0.0 blood alcohol limit.

  2. Customer liability
     10.1 The customer is liable without limitation for all damages caused by him through fault.

    10.2 For damage to the customer's vehicle caused by slight negligence, the customer's liability is limited per vehicle to the amounts or percentages specified in section 10.3. In cases of intent or gross negligence, the customer is fully liable for vehicle damage. Generally excluded from this limitation of liability are any damages to track barriers such as guardrails, road posts, tire stacks, etc.; these must be borne by the customer in full. The aforementioned limitation of liability for vehicle damage caused by slight negligence applies only to the agreed rental period.

    10.3 Unless otherwise agreed in individual cases, the customer's liability for vehicle damage caused by slight negligence is limited per vehicle for all driving experiences (e.g. winter driving training, vehicle rental, company incentives, individual experiences) as follows:

    KTM X-Bow: Damage up to (and including) €2,900: actual amount of damage, but no more than €2,900
    Damages exceeding €2,900: €2,900 plus 25% of the damage amount exceeding €2,900.

    Toyota Yaris: Damage up to (and including) €2,500: actual amount of damage, but no more than €2,500
    Damages exceeding €2,500: €2,500 plus 10% of the damage amount exceeding €2,500.

    Special regulations for driving experiences at motorsport events (e.g. circuit races, hill climbs, Race of Austrian Champions):
    Full coverage of the damage amount without limit

    10.4 These regulations apply to the authorized driver as well as the customer, whereby the contractual limitation of liability does not apply in favor of unauthorized users of the rental object.

    10.5 The limitation of liability ends with the agreed rental period. Should the customer unilaterally extend the rental period (in particular by late return of the vehicle), the limitation of liability does not apply for the period outside the agreed rental period. In this case, the customer is therefore fully liable for all damages caused by him.
  1. Vehicle condition / Liability / Repairs:

     11.1 The customer undertakes to observe those safety and operating instructions as well as technical rules and driving dynamics features about which he was informed during the training before/at the start of the event and to lock the vehicle properly.

    11.2 During the rental period, the customer is responsible for ensuring that the vehicle always has sufficient oil and coolant levels. Should the oil or coolant warning light illuminate, the vehicle must be stopped immediately or, in the case of events on closed tracks, taken to the pit lane. In the event of damage to the engine or transmission caused by the customer's improper operation (exceeding the maximum engine speed of 7,500 rpm, improper clutch engagement), the customer shall bear the full cost of repairs. This amount is payable to PWR. Should any damage to the vehicle occur as a result of disregarding any of these points, the customer shall be fully liable.

    11.3 The vehicles are usually covered with advertising foil.

    11.4 The customer may not remove or damage any markings, labels or similar items from the vehicle.

    11.5 The customer is liable for damage to the vehicle caused by failure to comply with required behavior or by prohibited behavior, provided that the customer was informed about the required or prohibited behavior during the training and was already aware of it (even without prior information).

    11.6 For claims arising from damages caused by accidents or misuse, for which the customer is liable to PWR, a payment period of 7 calendar days from the date of invoicing shall be deemed agreed.
  1. Severability / Legal Succession: Should one or more provisions of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The legally valid and duly agreed provisions of these Terms and Conditions shall also apply to the customer's legal successor(s).