This page describes our terms & conditions. The first section is about club membership and applies to everybody who registered as a Club Member. The second section is about participating in our tours & events.
Club Membership
The membership is concluded for one year. It is renewed for a further term if it is not cancelled in writing three months before expiry.
The club membership fee, currently £ 399, includes eligibility to attend all club events and tours at reduced rates and to participate in “members only events”
The Club membership fee is due up on registration and then in January of each following year. If membership is applied for in the last quarter of a year, no membership fee will be charged for the current year. In this case, the payment of the membership fee is automatically valid for the current and the following year.
Club members receive individual discounts and selected rewards at partner companies. These perks are subject to change at any time without notice. There is no legal claim to third party benefits.
An increase in the statutory value added tax beyond the 20% value added tax rate included in the club membership fee will result in a corresponding adjustment of the club membership as soon as it becomes effective. The club fee is inclusive of the 20% VAT currently applicable in the United Kingdom.
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General Conditions of Participation
§ 1 General
(1) These General Terms and Conditions of Participation apply to all events, tours and trips organised by ONE OF A KIND EVENTS LTD, Unit 14, Compass Industrial Park, Spindus Road, Liverpool, L24 1YA, United Kingdom (“Organiser”) (hereinafter all together referred to as “Event”). If an Event includes services provided by third parties, the GTC of the relevant third party shall also apply to these services in addition to these Terms and Conditions of Participation.
(2) Upon their inclusion through registration via the respective event website, the GTC shall govern the contractual relationship between the contractual partner and the organiser (“participation agreement”). The “contractual partner” or “applicant” is exclusively the person who acquires the event services via the respective registration portal; this also expressly applies if the event services include participation rights or other services in favour of third parties.
(3) The regulations applicable to the respective event and available on this website are an essential part of the participation contract. The contracting party hereby warrants that it has read the applicable regulations and, in the event of the purchase of event services for third parties, that it has brought these regulations to the attention of the persons concerned in advance.
(4) The contracting party acknowledges that the mandatory prerequisite for participation in driving events on racetracks (“Trackday”) is the submission of the liability declarations of the organiser and/or third parties applicable to the respective event, including the acknowledgement of the respective applicable regulations contained therein. The contractual partner shall ensure that the organiser has signed original declarations of liability from all persons for whom the contractual partner acquires event services with the participation contract by the time of accreditation at the latest. Persons for whom no liability declaration has been submitted shall not be admitted to the event without the contractual partner acquiring any rights from this.
(5) The contractual partner guarantees that the information provided by him in the context of the registration of the persons is correct and complete and that the persons concerned are entitled to participate in accordance with the respective regulations.
(6) A minimum number of registered participants must be reached before an event can be held. If this minimum number is not reached or is not reached due to cancellations by participants, the organiser reserves the right to cancel the event. The cancellation must be made to the applicant at least 31 days before the planned start of the event.
§ 2 Reservation, conclusion of contract
(1) The applicant can select the desired event, including any additional services offered, on the Organiser’s registration portal at https://new.monoowners.club/ and make a reservation for it. The online transmission of the selected event and additional services does not yet constitute an offer to conclude a participation contract, but is still non-binding for the applicant. Immediately after sending the reservation, the applicant will receive an e-mail stating that the reservation has been received (confirmation of receipt). This e-mail does not constitute acceptance of the contract.
(2) If the minimum number of registered participants has been reached for the event selected by the applicant, the organiser shall send the applicant a separate booking and participation confirmation corresponding to the reservation, which shall also be deemed to be acceptance of the contract.
(3) Reservation, booking and participation confirmation as well as the general terms and conditions shall be stored by the organiser and sent to the applicant in text form (by e-mail) after conclusion of the contract, including the description of the services booked by the applicant.
§ 3 Rights and obligations of participants
(1) Participation in the events is only permitted to persons who hold a valid driving licence for driving passenger cars in the country of the event and against whom no official driving ban has been imposed. The participant is obliged to allow inspection of his/her driving licence.
(2) During the driving events, there is an absolute ban on drugs and alcohol (0.0 per mille). In the event of violations of this regulation, the organiser is entitled, at its own discretion, to exclude the participant from further participation. In such cases, the participation fee will not be refunded.
(3) The participant must behave in a disciplined manner during the driving events and follow the instructions of the organiser as well as his legal representatives or vicarious agents without fail. In particular, he/she is obliged to comply at all times with the general road traffic regulations and, in particular, with the maximum permitted speeds in the countries in which the events take place.
(4) The participant is responsible for obtaining and carrying the travel documents required by the authorities, for any necessary vaccinations and for complying with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with the requirements set out in sentence 1 shall be borne by the participant.
§ 4 Event services
(1) By concluding the participation contract, the contractual partner acquires the right to participate in the event for all persons designated in the registration form in accordance with these ATB and the respective applicable regulations, subject to the existence of corresponding liability declarations.
(2) The event services are described on the respective event page. The confirmation of participation again summarises all booked event services.
(3) The events are open-air events which are subject to the actual conditions (weather influences etc.) on site. The contractual partner acknowledges that the local conditions cannot always be influenced by the organiser and that the organiser reserves the right to make adjustments to the contractual services (e.g. routing) for justified reasons, taking the best possible account of the interests of the participants.
(4) The event services are not transferable. Only the persons designated in the registration form are entitled to participate. An exception to this is the one-time, free replacement of one (1) participant at the written request of the contractual partner up to one month before the start of the event. In the event of a further change of participant, a one-off flat-rate re-registration fee of € 500 will be charged.
(5) The event documents shall only be handed over upon presentation of the confirmation of participation and the identity card/passport of the contractual partner.
(6) The confirmation of participation must be presented at the accreditation at the starting location. Without the above-mentioned documents, persons will not be admitted to the respective event without the contractual partner acquiring any rights from this.
(7) Insofar as the contractual partner books further additional services in addition to mere participation when registering, these shall also be deemed to be event services. The current additional services and the supplementary contractual conditions applicable in this respect can be found on the event website.
§ 5 Prices and payments
(1) For the event services, the contractual partner shall pay the consideration stated in the registration (“participation fee”). This shall expressly also apply to participation fees which the contractual partner acquires for third parties designated in the registration.
(2) The organiser reserves the right to differentiate between different price categories in the conditions of participation (e.g. “members” / “non-members”).
(3) The participation fees are inclusive of the applicable statutory value added tax.
(4) Payment of the participation fee shall be made for contractual partners by Paypal, by credit card or by bank transfer up to 30 days before the event. The contractual partner shall be obliged to ensure sufficient funds are available in the specified accounts. If the credit card payment method has been agreed with the contractual partner, the participation fees shall be due for payment in full by the contractual partner within 2 weeks of receipt of the confirmation of participation automatically generated upon registration. Fees and processing costs arising from the return debit of fees due by direct debit shall be borne by the contractual partner insofar as the return debit is due to causes for which the contractual partner is responsible. The organiser shall be entitled to prove that the costs of the return debit are higher, and the customer shall be entitled to prove that the costs are lower. In the event of revocation of the contract partner’s consent to the direct debit procedure, the organiser shall charge an appropriate processing fee for the administrative handling.
§ 6 Right of withdrawal and cancellation conditions
(1) The applicant is entitled to withdraw from the contract at any time before the start of the event (cancellation). Any statutory right of cancellation shall remain unaffected.
(2) Cancellation is free of charge up to 61 days before the start of the event. If the applicant withdraws thereafter, 50% of the participation fee shall be charged as a cancellation fee from 60 days before the start of the event.
(3) The above-mentioned refund amounts shall be paid within 30 days of receipt of the cancellation declaration by the organiser.
(4) The applicant always has the right to prove that the organiser has not incurred any damage or that the damage is significantly lower than the calculated cancellation fee.
(5) If the booking of the event was made partly or completely on the basis of a voucher of value or a voucher in kind and if, in the event of cancellation, the voucher has a residual value after deduction of the cancellation fees incurred, the registrant shall receive a voucher of value in the amount of the residual value and with the remaining term of the original voucher. In this case, the original value or non-cash voucher shall lose its validity.
§ 7 Force majeure
(1) In the event of cancellation or interruption of the event or individual stages due to force majeure (e.g. bad weather) or for other reasons for which the organiser is not responsible, the organiser shall be released from its performance obligations and the organiser shall not be liable for any damages incurred by the contractual partner or participants for this reason (e.g. travel or accommodation costs).
(2) In the event of a postponement of the event or individual stages due to force majeure (e.g. bad weather) for reasons for which the organiser is not responsible, the organiser shall be released from its performance obligations and the organiser shall not be liable for damages incurred by the contractual partner or the participants for this reason (e.g. travel or accommodation costs). In these cases, the contractual partner or the participants are entitled to participate in the newly determined event.
§ 8 Right of cancellation
(1) The applicant has the right to revoke this contract within seven days without giving reasons. The revocation period is seven working days from the date of conclusion of the contract. In order to exercise the right of withdrawal, the Registrant must inform us (ONE OF A KIND EVENTS LTD, Unit 14, Compass Industrial Park, Spindus Road, Liverpool, L24 1YA, United Kingdom, service@monoowners.club) by means of a clear declaration of his/her decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
(2) If the applicant revokes this contract, we shall repay him all payments we have received from him without delay and at the latest within 30 (thirty) days from the day on which we received the notification of revocation of this contract. For this repayment, we will use the same means of payment that the applicant used in the original transaction, unless expressly agreed otherwise with the applicant; in no case will the applicant be charged any fees because of this repayment.
§ 9 Data protection
(1) Subject of this data protection notice
This data protection notice informs you about the processing of your personal data in connection with registration and participation in our events and about the rights to which you are entitled.
(2) Who is responsible for data protection?
ONE OF A KIND EVENTS LTD, Unit 14, Compass Industrial Park, Spindus Road, Liverpool, L24 1YA, United Kingdom, Tel: 0049 (0) 1751919998, service@monoowners.club.
(3) What data do we process?
We only process personal data that we need in connection with the event and the associated registration. This includes first and last name, date of birth, address, telephone number and email address (participant or registration data) and your billing address as well as advertising and sales data (e.g. to advertise events potentially of interest to you).
(4) What do we process your data for (purpose of processing) and on what legal basis?
(a) On the basis of your consent to data processing (Art. 6 Paragraph 1 Lit. a UK-GDPR).
If and to the extent that you have given your consent to the processing of personal data, the relevant consent is the legal basis for the processing referred to therein. This concerns, for example, the receipt of electronic customer information (advertising and sales data). You can revoke consent at any time with effect for the future.
(b) For the fulfilment of contractual obligations (Art. 6 Paragraph 1 Lit. b UK-GDPR).
If and insofar as you have given your consent to the processing of personal data, the respective consent is the legal basis for the processing mentioned there. This applies, for example, to the receipt of electronic customer information (advertising and sales data). You can revoke consent at any time with effect for the future.
(b) For the fulfilment of contractual obligations (Art. 6 Paragraph 1 Lit. b UK-GDPR).
Your data is processed to initiate or perform our event contracts with you, i.e. for example to provide our services (running the events).
(c) Due to legal requirements (Art. 6 Paragraph 1 Lit. c UK-GDPR).
We are subject to various legal obligations that entail data processing. These include, for example, tax laws, particularly in the context of statutory accounting.
(5) To whom do we disclose the data?
Your data is only transferred to third parties if this is necessary, for example, for the proper execution of an event (e.g. payment service providers as well as service providers in the area of travel and logistics). In addition, we only pass on data to persons for whom you have given us your consent to transfer data.
(6) Do we transfer data to third countries?
Your data will only be processed within the European Union and countries within the European Economic Area (EEA). Otherwise, we will always inform you separately in advance, including the right to separately object to such data transfer at any time.
(7) How long do we store your data?
We only store your personal data for as long as is necessary for the provision of the associated contractual services. In addition to the duration of the actual event, this also includes data processing within the framework of the initiation and processing of the associated contracts as well as data processing for the purpose of subsequent contact and comparison with previous events, but no longer than 5 years after the last communication following the completed event. In addition, we are subject to various storage and documentation obligations resulting, among other things, from commercial or tax law regulations. Finally, the storage period is also assessed according to the statutory limitation periods.
(8) Is there an obligation to provide personal data?
Within the scope of our business relationship, you only have to provide the personal data that is required for the establishment, implementation and termination of the event. Otherwise, however, the conclusion of the contract and participation in the events are not possible. The provision of personal data is not required by law beyond this.
(9) What rights do you have?
You have the right to request confirmation at any time as to whether we are processing personal data and the right to information about this personal data. In addition, you have the right to correction, deletion and restriction of data processing, as well as the right to object to the processing of personal data at any time, or to revoke consent to data processing at any time, or to request data transfer. In addition, you have the right to complain to a supervisory authority in the event of data protection violations.
(10) The contract partner assures that he has informed all persons registered by him about the regulations of this § 9 and that they have agreed to the above. The contracting partner shall indemnify the organiser on first demand against all claims of the persons registered by him on the basis of the above and shall bear all costs incurred in this respect (including costs of legal defence).
§ 10 Liability of the organiser
(1) Participation in the events is at the participant’s own risk.
(2) The liability of the organiser is limited as follows:
a. The liability of the organiser for damages resulting from injury to life, body or health, which is based on a negligent or intentional breach of duty by the organiser or a legal representative or vicarious agent of the organiser, is unlimited in terms of reason and amount.
b. The organiser’s liability for other damage caused by a deliberate or grossly negligent breach of duty by the organiser or a legal representative or vicarious agent of the organiser shall also be unlimited in terms of reason and amount.
c. The organiser is not liable for damages resulting from a merely negligent breach of duty by the organiser or a legal representative or vicarious agent, unless it is a matter of damages from the breach of cardinal obligations. However, liability for damages arising from the breach of cardinal obligations shall be limited in amount to compensation for the damage foreseeable at the time of conclusion of the contract and typical for the contract. “Cardinal obligations” are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance I may regularly rely.
(3) The contractual partner is hereby again expressly informed that the organiser and/or its legal representatives or vicarious agents are not liable for damages for which they are not responsible. This applies, for example, to damages caused by misconduct/driving errors of other drivers as well as in the event that the contractual partner is prevented from participating in whole or in part due to legal regulations and/or official orders.
(4) The present limitation of liability shall expressly also apply to lost valuables, items of clothing and equipment.
§ 11 Liability of the contractual partner and indemnification
(1) The contractual partner is hereby expressly informed once again that he is fully liable to the respective injured party for damages caused by the organiser or third parties (e.g. other drivers), insofar as the contractual partner is responsible for these, i.e. the contractual partner is guilty of intent or negligence. The organiser recommends taking out personal liability insurance for this type of event.
(2) The contract partner hereby undertakes to indemnify the organiser and/or the third parties commissioned by the organiser (“indemnified parties”) in full and on first demand from all damages, expenses and/or costs which third parties assert against the respective indemnified party in connection with the damages caused by the contract partner and to bear all costs incurred in this connection (including legal defence).
§ 12 Exclusion of Claims and Statute of Limitations
(1) Contractual claims for non-contractual provision of the event must be asserted against the organiser within one month of the contractually agreed end of the event. Otherwise they shall be excluded. After expiry of the deadline, claims can only be asserted if the participant was prevented from complying with the deadline through no fault of his/her own.
(2) For documentation purposes and to avoid later problems of proof, the assertion of defect rights should be made in writing or by fax.
3) Contractual and non-contractual claims of the participant are subject to a limitation period of one year. This does not apply to personal injury or damage caused intentionally or by gross negligence. The limitation period shall commence on the day on which the event was to end according to the contract.
§ 13 Final provisions
(1) Contracts between the organiser and the contractual partner shall be governed by English law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. In such a case, the contracting parties undertake to replace the invalid provision with a new, valid provision that comes as close as possible to the economic purpose of the invalid provision. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective. The same procedure shall be followed if a loophole becomes apparent during the performance of the contract.
January 2023