racing-total | Race taxi rides and motorsport travel

Dear guest,

The following travel terms and conditions form part of the package travel contract concluded between you (hereinafter the “Customer”) and us (hereinafter the “Organiser”).

These terms and conditions do not apply to bookings for services that the Organiser expressly identifies as being provided solely on an intermediary basis.

Unless the Organiser expressly acts solely as an intermediary for a service, the Organiser applies the margin taxation scheme under section 25 of the German Value Added Tax Act (UStG) to travel services for private customers. These travel services therefore do not include any VAT that can be shown separately.

1. Conclusion of the travel contract / responsibility for fellow travellers

1.1. By submitting a travel booking, the Customer makes a binding offer to the Organiser to conclude a package travel contract. The booking may be submitted in writing or electronically. The contract is concluded when the Organiser accepts the booking. Acceptance is not subject to any particular form. The Organiser will provide the Customer with a travel confirmation upon or immediately after conclusion of the contract.

1.2. If the contents of the travel confirmation differ from those of the booking, this constitutes a new offer by the Organiser, which remains binding on the Organiser for 10 days. The contract is concluded on the basis of this new offer if the Customer expressly accepts it or pays a deposit or the travel price within that period.

1.3. The Customer is responsible for all contractual obligations of fellow travellers for whom the Customer makes a booking in the same way as for the Customer’s own obligations.

2. Payment arrangements

2.1. Payments towards the travel price before the end of the trip may only be requested or accepted if the Organiser has a customer payment protection contract, has informed the Customer of this in accordance with section 651t of the German Civil Code (BGB), and has previously provided the Customer with an insolvency protection certificate within the meaning of section 651r(4) BGB.

2.2. As the Organiser works exclusively with dynamically packaged travel components, a deposit of 50% of the travel price, plus the cost of any travel insurance taken out, is due immediately after conclusion of the contract and delivery of the insolvency protection certificate.

2.3. The remaining travel price is due 6 weeks before departure, provided that the trip can no longer be cancelled under clause 3.1. For last-minute bookings made less than 6 weeks before the start of the trip, the full travel price is due immediately, provided that cancellation under clause 3.1 is no longer possible. If cancellation under clause 3.1 is possible, the balance is due only after the cancellation deadline has expired, but no earlier than 4 weeks before the start of the trip.

2.4. If the Customer defaults on the deposit or final payment, the Organiser may withdraw from the contract and demand compensation in the amount of the agreed cancellation charges (see clause 4.2), after issuing a payment reminder, setting a payment deadline that expires without payment, and warning of withdrawal.

3. Changes to services

3.1. Changes to individual travel services that depart from the agreed contents of the package travel contract and become necessary after conclusion of the contract are permitted only if they have not been brought about by the Organiser in bad faith, are not substantial, and do not impair the overall nature of the booked trip. Specified transfer and flight times are subject to change, provided that any agreed night-time rest period is not unreasonably affected. For air travel, the airlines named as operating the flights are subject to change unless a particular airline has been expressly agreed in the contract.

3.2. Notice of changes to travel services may only be given before the start of the trip. The Organiser must inform the Customer of changes without undue delay after becoming aware of the reason for the change.
In the event of a substantial contractual change, the Organiser will also provide information about its effect on the travel price in accordance with section 651g(3), sentence 2 BGB. Substantial changes may not be made without the Customer’s consent. Reference is made to sections 651f and 651g BGB.

3.3. In accordance with sections 651f and 651g BGB, the Organiser reserves the right to change the agreed travel price in the event of increases in transport costs (fuel and other energy sources), increases in taxes and other charges for agreed travel services, such as tourist taxes, port and airport charges, or changes in exchange rates applicable to the trip, as follows:

a If transport costs, particularly fuel costs or costs for other energy sources, increase after conclusion of the contract, the Organiser may increase the travel price as follows:
aa An increase calculated per seat may be passed on to and charged to the Customer on a proportionate basis.
bb In other cases, the additional, increased transport costs charged by the transport company for each means of transport are divided by the number of seats or beds in that means of transport. The Organiser may charge the Customer the resulting increase per seat or bed.

b If charges existing at the time of conclusion of the package travel contract, such as port or airport charges and tourist taxes, are increased for the Organiser, this increase may be passed on proportionately to the Customer.
c If exchange rates change after conclusion of the package travel contract, the travel price may be increased to the extent that the trip becomes more expensive for the Organiser.
d If the travel price is subsequently changed, the Organiser must inform the Customer without undue delay. This information must be provided no later than 20 days before the start of the trip.

3.4. In the event of a substantial change to an essential travel service or a price increase of more than 8% for the reasons stated above, the Customer may withdraw from the contract free of charge or request participation in a replacement trip if the Organiser offers one.

3.5. The Customer is entitled to a price reduction if the corresponding costs referred to in clause 3.3 decrease or change and this results in lower costs for the Organiser.

3.6. Substantial contractual changes and price increases of more than 8% are permitted only with the Customer’s consent. The Organiser will inform the Customer of contractual changes, including the reasons, without undue delay after becoming aware of the reason for the change. The Organiser may require the Customer, within a reasonable period set by the Organiser, to accept the offer of a substantial contractual change or price increase of more than 8%, or to declare withdrawal from the contract. Once the period set by the Organiser has expired, the offer of a substantial contractual change or price increase of more than 8% is deemed accepted. When offering a substantial contractual change or price increase of more than 8%, the Organiser may also offer the Customer the option of participating in a replacement trip.

4. Cancellation by the Customer, replacement travellers and important insurance cover

4.1. The Customer may cancel the trip at any time before it starts. The decisive time is when Racing-Total / Heyman-Tours receives the cancellation notice. The Customer is advised to give notice of cancellation in writing.

4.2. If the Customer cancels the package travel contract or fails to take the trip, the Organiser loses the right to the travel price but may claim a fixed cancellation charge in accordance with section 651h(2) BGB. The compensation claim is calculated using the following cancellation charges.

The charges per Customer are:
For package trips to the USA, Canada and Europe:
42 days or more before the start of the trip: 35%
41 to 30 days before the start of the trip: 50%
29 to 20 days before the start of the trip: 70%
19 days before the start of the trip up to departure, on the departure date or in the event of a no-show: 90% of the travel price.

For trips with independent travel arrangements, without flights (bookings for hotels, tickets and rental cars only):
32 days or more before the start of the trip: 35%
31 to 15 days before the start of the trip: 50%
14 to 8 days before the start of the trip: 70%
From 7 days before the start of the trip, on the departure date or in the event of a no-show: 90% of the travel price.

Tickets ordered cannot be exchanged and always incur cancellation charges of 100%.

The date on which the cancellation notice is received determines the applicable charge.

The Customer remains entitled to prove to the Organiser that the Organiser has suffered no loss or a substantially lower loss than the fixed cancellation charges. If the Organiser’s loss is lower or the fixed charges do not apply, the Organiser will calculate the actual loss. The compensation is calculated from the travel price less the value of expenses saved by the Organiser and less any income the Organiser receives from using the travel services for other purposes. In the event of cancellation, the Organiser must refund the travel price less the compensation claimed.

4.3. If the Customer cancels because unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity and significantly affect the performance of the package trip or the transport of persons to the destination, the Organiser cannot claim compensation and will refund the travel price to the Customer or offer an insolvency-protected voucher for the amount paid. Reference is made to section 651h(3) BGB.

4.4. Until the start of the trip, the Customer may request that a third party take over the rights and obligations under the package travel contract in the Customer’s place. Reference is made to section 651e BGB.
The Organiser may object to the replacement traveller if that person does not meet the particular requirements of the trip or if legal provisions or official orders prevent their participation.
If the contract is transferred, the original Customer and the replacement traveller are jointly and severally liable for the travel price and any additional costs resulting from the replacement.
The Organiser must provide the Customer with evidence of the amount of any additional costs caused by the replacement traveller.

4.5. Quarantine restrictions on return travel resulting from the coronavirus pandemic and introduced after the trip has been booked do not entitle the Customer to cancel free of charge. In this case, the trip may only be cancelled in accordance with our cancellation terms.

4.6. We recommend taking out travel cancellation insurance and insurance covering the cost of assistance, including repatriation in the event of accident, illness or death, as well as a special coronavirus protection package.

5. Cancellation by the Organiser (failure to reach the minimum number of participants, etc.)

5.1. The Organiser may withdraw from the contract because the advertised minimum number of 6 participants has not been reached only if:
a the pre-contractual information and trip description specify the minimum number of participants and the deadline by which the cancellation notice must reach the Customer before the agreed start of the trip; and
b the travel confirmation clearly and legibly refers to this information.
Notice of cancellation must be given no later than the date specified to the Customer in the pre-contractual information and travel confirmation. Reference is made to the cancellation deadlines under section 651h(4) BGB. If the Organiser cancels the trip, the Customer will receive a refund of payments made towards the travel price.

5.2. Attention is drawn to the Organiser’s statutory right to withdraw due to unavoidable, extraordinary circumstances under section 651h(4), no. 2 BGB.

6. Remedies for travel defects

6.1. If travel services are not provided in accordance with the contract, the Customer may request a remedy. The defect must be reported to the Organiser without undue delay.

6.2. For the duration of any failure to provide the trip in accordance with the contract, the Customer may request a corresponding reduction in the travel price. No reduction applies if the Customer is at fault in failing to report the travel defect and the Organiser is consequently unable to provide a remedy.

6.3. If a defect significantly impairs the trip, the Customer may terminate the package travel contract in accordance with section 651l BGB. However, termination by the Customer is permitted only if the Organiser fails to provide a remedy after the Customer has set a reasonable deadline. No deadline is required if a remedy is impossible, the Organiser refuses to provide one, or a particular interest of the Customer justifies immediate termination.

7. Liability

7.1. The Organiser’s contractual liability for damage other than personal injury is limited to three times the travel price, provided that the Organiser has not culpably caused the damage.

7.2. Excursions, transport services, sporting activities and rental cars (including motorcycles) offered independently by local tour representatives or other persons at the holiday destination and booked locally do not form part of the package travel contract between the Customer and the Organiser. The Organiser accepts no liability for these services.

7.3. A claim for damages against the Organiser is limited or excluded to the extent that, under international conventions or legal provisions based on them that apply to the services to be provided by a service provider, a claim for damages against that service provider can arise or be asserted only subject to certain conditions or limitations, or is excluded under certain conditions.
Reference is made to section 651p(2) BGB.

8. Customer’s duty to cooperate

If problems arise in the provision of services, the Customer must cooperate, within the scope of the statutory provisions, to avoid or minimise any damage. In particular, the Customer must notify the Organiser of complaints without undue delay. If the Customer culpably fails to report a defect, no entitlement to a price reduction under section 651m BGB or to damages under section 651n BGB arises if the Organiser was unable to provide a remedy because the defect was not reported. This does not apply if reporting the defect would clearly be futile or unreasonable for other reasons. Damage to or delay of checked baggage during air travel should be reported to the responsible airline immediately at the airport by means of a written damage report.

9. Organiser’s duty to provide assistance

If the Customer is in difficulty, the Organiser must provide appropriate assistance without undue delay. Reference is made to section 651q BGB. In such a situation, the Customer is advised to contact the local tour representative or the Organiser immediately using the contact details provided.

10. Notification of claims, limitation periods and prohibition of assignment

10.1. The Customer must assert claims concerning failure to provide the trip in accordance with the contract against the Organiser at the address given in clause 14. It is recommended that claims be submitted in writing. Special deadlines apply to claims for baggage damage and baggage delay during air travel. Baggage damage must be reported within 7 days and damage caused by delay within 21 days after the baggage has been handed over. Such claims must be submitted exclusively to the operating airline.

10.2. The Customer’s claims for travel defects under section 651i(3) BGB become time-barred after two years. The limitation period begins on the day on which the package trip was due to end under the contract.

10.3. Prohibition of assignment: the Customer may not assign claims against the Organiser to third parties. This prohibition does not apply between family members travelling together on a family trip.

11. Passport, visa and health requirements

11.1. Before conclusion of the contract, the Organiser informs the Customer of passport and visa requirements and health formalities in the destination country, including the approximate time needed to obtain any necessary visas. Travel to the USA requires an ESTA application, which each Customer must submit personally and which is valid for a maximum of 2 years from its initial approval.

11.2. If the Organiser has properly fulfilled its duty to provide information, the Customer must ensure that the requirements for the trip are met, unless the Organiser has expressly undertaken to obtain visas, certificates or similar documents.

11.3. The Customer is therefore responsible for obtaining and carrying the officially required travel documents, receiving any necessary vaccinations, and complying with customs and foreign exchange regulations. Any disadvantages arising from failure to comply with these requirements, such as cancellation charges, are borne by the Customer. This does not apply if the Organiser, despite being obliged to provide information, has failed to do so or has provided insufficient or incorrect information.

11.4. If the Customer has instructed the Organiser to obtain necessary visas, the Organiser is not liable for their timely issue and receipt from the relevant diplomatic mission, unless the Organiser has culpably breached its own duties.

12. Assertion of claims: addressee; information on consumer dispute resolution

12.1. The Customer must assert claims concerning failure to provide the trip in accordance with the contract in writing against the Organiser, Racing-Total / Heyman Tours UG haftungsbeschränkt, Hochstr. 44, DE-41334 Nettetal.

12.2. Employees of service providers or local tour representatives, as well as flight and check-in staff, are not authorised to receive claims. Nor are they entitled to acknowledge claims on behalf of the Organiser.

12.3. With reference to the German Consumer Dispute Resolution Act, the Organiser states that it does not participate in voluntary consumer dispute resolution. If participation in dispute resolution becomes mandatory for the Organiser after these travel terms and conditions have been printed, the Organiser will inform the Customer in an appropriate manner. For all travel contracts concluded electronically, the Organiser refers to the European online dispute resolution platform (http://ec.europa.eu/consumers/odr).

13. Data protection

The Customer’s data is collected, stored and processed electronically in compliance with applicable data protection laws. Customer data is disclosed only to the extent necessary to carry out the trip or as required by mandatory legal provisions or official measures.

14. Tour organiser

Address and registered office of Racing-Total / Heyman Tours UG haftungsbeschränkt:
Hochstr. 44, DE-41334 Nettetal, Germany, telephone: +49 2153 957066, fax: +49 2153 957068
Email: info@racing-total.de / Website: www.racing-total.de / Managing Director: Hubertus Heyman