EXTRACT FROM THE GENERAL TERMS AND CONDITIONS
CANCELLATION CONDITIONS
8. Cancellation conditions / right to withdraw
8.1. General
8.1.1. Any cancellation or withdrawal must be made in writing to be effective, and a notification by e-mail will suffice to meet the written form requirement on the part of PS. Different cancellation rates shall apply depending on the area of activity of PS with which the contract was concluded. The periods indicated relate to the receipt of the notice by PS.
8.1.2. The following shall apply to B2C: If the contract/agreement between PS and a consumer within the meaning of the Austrian “Konsumentenschutzgesetz” (KSchG) is concluded without the simultaneous physical presence of PS and the consumer within the framework of a sales or service system organized for distance selling, it shall be a distance selling contract within the meaning of the Austrian “Fern- und Auswärtsgeschäfte-Gesetz” (FAGG). The consumer may withdraw from a contract concluded at a distance or from a contractual declaration made at a distance within 14 (fourteen) days. The withdrawal period shall commence on the day of receipt by the contracting party in the case of contracts for the delivery of goods, and on the day of conclusion of the contract in the case of contracts for the provision of services. It is sufficient if the declaration of withdrawal is sent within the stated period. The declaration of withdrawal is not bound to any particular form. A sample withdrawal form is provided under section C point 7.2.1. of these GTC.
If the contractual partner lawfully withdraws from the contract, PS shall reimburse the payments made without delay, but at the latest within 14 days of receipt of the notice of withdrawal. The means of payment chosen by the contractual partner for the processing of its payment shall be used for the repayment; however, the use of another means of payment shall be permissible if this has been expressly agreed and the contractual partner does not incur any costs as a result. The costs of return shipment shall be borne by the contract partner. In the case of purchase contracts and other contracts for the acquisition of goods against payment, PS may refuse repayment until either the goods have been returned or the contractual partner has provided proof of the return of the goods. Pursuant to § 18 (1) Z 10 FAGG, the consumer shall have no right of withdrawal in the case of contracts for services, which are provided, for example, in the areas of rental of motor vehicles and in connection with leisure activities. Furthermore, the contracting party consumer has no right of withdrawal in contracts for goods that are made to customer specifications or clearly tailored to personal needs. If the consumer (within the meaning of the FAGG) has requested PS to commence performance of the contract before the expiry of the 14-day withdrawal period, the consumer shall pay PS a proportionate amount to be notified by PS.
8.2. Driving Experience, Use of areas/event rooms, Experience without engine
8.2.1. In the event of cancellation before the start of an event/experience, the following cancellation fee scales shall apply in the event of written cancellation:
• In case of written cancellation within the last 7 days before the event and in case of non-cancellation 100% of the participation fee.
• In case of written cancellation between the 8. and the 14.day before the event 80% of the respective participation fee.
• In case of written cancellation between the 15. and the 28. day before the event 60% of the respective participation fee.
• In case of written cancellation between the 29. and the 45. day before the event 40% of the respective participation fee.
• In case of written cancellation between the 46. and the 59. day before the event 25% of the respective participation fee.
• In case of written cancellation up to the 60th day before the event 15% of the expected fee.
8.2.2. The following applies to B2C: In case of a rebooking PS charges a booking fee to the amount of € 20,-. A substitute participant may be named. Rebookings can be made up to 5 days before the agreed date of the event.
8.2.3. The following applies to B2C: PS reserves the right to break off, postpone or even to cancel events, if a minimum number of 5 participants is not reached, if the weather conditions do not allow that the event takes place without endangering the participants respectively the vehicles used and/or for other important reasons. In this case PS shall provide for an alternate date and if such date is not acceptable for the participant PS will refund the participation fee upon written application (to be received by PS within 14 days as of cancellation, otherwise the above stated cancellation fees shall become due) and the simultaneous withdrawal from the participation contract by the participant. The participant is responsible for the correctness of his account data.