General terms and conditions - CRT BV / IDC BV / CRExperience BV

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneurs

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Exclusion of right of withdrawal

Article 7 - Obligations of the participant

Article 8 - Price and payment

Article 9 - Cancellation or rescheduling

Article 10 - Liability

Article 11 - Force majeure

Article 12 - Intellectual property rights

Article 13 - Complaints

Article 14 - Equipment and safety

Article 15 - Advertising and sales rights

Article 16 - Additional provisions

Article 17 - Disputes

Article 18 - Registration

CRT BV / IDC BV / CRExperience BV will be referred to in the remainder of this article as "Entrepreneur".

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Burnout: The spinning of the rear wheel with the front brake retracted, which leaves traces on the ground;
  2. Day: calendar day;
  3. DB Killer: part of the exhaust system designed to reduce noise;
  4. Participant/rider: the natural person who has registered for an event organized by the entrepreneur.
  5. Digital content: data produced and delivered in digital form;
  6. Durable medium: every tool - including e-mail - that enables the participant or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
  7. Dynamic measurement: noise measurement which is done when the engine passes the sound post which is placed next to the track;
  8. Event: the activity organized by the entrepreneur on the track for which the participant can register and to which the agreement relates;
  9. Right of withdrawal: the possibility for the participant to waive the distance contract within the cooling-off period;
  10. Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services to participants from a distance;
  11. Distance contract: a contract between the entrepreneur and the participant concluded as part of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the moment at which the contract is concluded, sole or joint use is made of one or more techniques for distance communication;
  12. Paddock: Parking area which is adjacent to the track and gives access to the track;
  13. Static measurement: noise measurement with a stationary motorcycle, kept at a certain number of revolutions according to the applicable regulations;
  14. Technique for distance communication: means that can be used for concluding an agreement, without the participant and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

CRT BV

Meerkoetweg 38 - 7331 CR Apeldoorn

Phone Number: +31 555335530

E-mail address: info@crtholland.nl

KvK number: 39066165

VAT identification number: NL 806351536B01

IDC BV

Meerkoetweg 38 - 7331 CR Apeldoorn

Phone Number: +31 555335530

E-mail address: info@idcracing.nl

Chamber of Commerce number: 64813827

VAT identification number: NL 855864527B01

CRExperience BV

Boergoorn 30 - 9403 NV Assen

Phone Number: +31 555335530

E-mail address: info@crexperience.nl

Chamber of Commerce number: 64813657

VAT identification number: NL855864394B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the participant.
  2. Before the remote agreement is concluded, the text of these general conditions will be made available to the participant. If this is not reasonably possible, the operator before the distance contract is concluded, indicate how the general conditions at the entrepreneur to see and that they are at the request of the participant as soon as possible be sent free of charge.
  3. The fact that the entrepreneur does not always require strict compliance with these terms and conditions does not mean that these terms and conditions do not apply or that the Entrepreneur loses the right to require strict compliance with these terms and conditions in future cases, similar or otherwise;
  4. The applicability of the general terms and conditions used by the participant is hereby explicitly rejected.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the participant. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the participant what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

  1. Subject to that which is stated in paragraph 4, the agreement comes into effect at the moment the participant accepts the offer and meets the conditions laid down.
  2. If the participant has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the participant can dissolve the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the participant can pay electronically, the entrepreneur will take appropriate safety measures.
  4. The entrepreneur can - within legal frameworks - inform the participant of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
  5. The entrepreneur will send, at the latest upon delivery of the product, service or digital content to the participant, the following information in writing or in such a way that the participant in an accessible manner can be stored on a durable medium,:

A: the visiting address of the entrepreneur's business establishment where the participant can lodge complaints;

B: a clear statement about the exclusion of the right of withdrawal;

C: the price including all taxes of the event, the method of payment and execution of the remote agreement;

  1. the participant will receive a number from the entrepreneur that is strictly personal and non-transferable. If the participant allows another person with this number to participate in the event, the Entrepreneur reserves the right to exclude both that person and the participant from participation without refund of the registration fee;
  2. If the participant is a minor, proof must be provided at the request of the entrepreneur that his/her legal representative gives permission to participate in the event. The entrepreneur assumes at registration that the minor participant has this in his/her possession.
  3. The Entrepreneur is entitled to change, relocate or cancel an event and/or to change or replace items that have been made available with an equivalent alternative, to be determined at the Entrepreneur's discretion, without the Entrepreneur being liable to pay any compensation or refund to the Participant.
  4. The entrepreneur is authorized to involve third parties in the execution of the agreement without notifying the participant.

Article 6 - Exclusion of right of withdrawal

  1. The participant who wishes to participate in an event of the entrepreneur enters into an agreement concerning leisure activities in which a certain date or period of execution is provided in the agreement. For this reason, the right of withdrawal is excluded on the basis of Article 6.230 of the Dutch Civil Code.

Article 7 - Obligations of the participant

  1. The participant is at all times obliged to comply with directions, instructions, regulations and applicable house rules of the entrepreneur and/or the tracks and to treat the items made available with respect so that no damage is caused to these items/locations.
  2. The participant is obliged to be in good health when participating in the events of the entrepreneur. The participant is not allowed to participate when under the influence of any substance that can influence the ability to drive.
  3. The Entrepreneur has the right to exclude the Participant from (further) participation if the Participant fails to follow or comply with all or part of the instructions or regulations or if the Participant is not capable of participating in an event in a responsible manner in the opinion of the Entrepreneur. In case of exclusion of participation the participant does not claim a refund of any amount already paid, nor any other compensation for damages and/or costs.

Article 8 - Price and payment

  1. The prices mentioned in the offer and on the website include VAT.
  2. Participant can choose from the payment methods selected by the entrepreneur which are listed on the website. This offer may be changed at any time by the entrepreneur.
  3. The participant is only assured of participation in an event chosen by the participant once the payment has been received by the entrepreneur. If the payment has been received by the entrepreneur but the entrepreneur is not present at the event until after 09.00 am, his reserved place will expire without the right to a refund.
  4. Damage to the infrastructure of the track and or other damage, fines and costs will be charged on an actual basis and must be paid to the contractor within 14 days of the invoice date.
  5. If the participant does not meet the payment obligation in time, he or she will be excluded from participation in the event concerned.

Article 9 - Cancellation or rescheduling

  1. The cancellation of a registration for an event of entrepreneur is only possible by sending an email to entrepreneur. Once the payment has been made the right to a refund lapses.
  2. Transferring a personal registration to another person is only possible after consultation and approval of the entrepreneur.

Article 10 - Liability

  1. Participation in events and entering locations used by the entrepreneur in the execution of its agreements/events are at the risk of the participant.
  2. Entrepreneur is not liable for any damage of any kind suffered directly or indirectly by participant during an event. For example injuries, broken bones, mental or physical injury or damage as a result of disability and/or death.
  3. Entrepreneur is not liable for loss, theft and/or damage to property of the participant.
  4. Should the Entrepreneur be liable, then the liability of the entrepreneur shall be limited to the amount paid out by its insurance entrepreneur, plus the amount of the excess stipulated in the policy terms and conditions. If, for whatever reason, no monies are paid out under the insurance policy, any liability shall be limited to the amount of the invoice with a maximum of € 5000.00.
  5. Entrepreneur is in no way liable for indirect damages.
  6. Participant is deemed to be aware that the motor vehicles during an event on a closed track (not being a public road) are not insured under the Dutch Motor Insurance Liability Act. All costs are for the participant's own account.
  7. The entrepreneur can hold the participant liable if a vehicle is damaged as a result of the participant's careless actions.
  8. The entrepreneur is not obliged to pay compensation for any damage if the Participant fails to comply with obligations as stated in article 6 of this document. This also includes the participant providing incorrect or incomplete information to the Entrepreneur.

Article 11 - Force majeure

Entrepreneur is at all times entitled to cancel an event or part of an event due to force majeure or to change the program or duration of the event. Restitution of the registration fee will not take place under any circumstances. Force majeure is understood to mean, in addition to what is stated in the law and jurisprudence, all circumstances, foreseen or unforeseen, on which the entrepreneur cannot exercise any influence and/or whose consequences the entrepreneur cannot reasonably prevent. These circumstances include, among others, work strikes at the entrepreneur, equipment failures or malfunctions, defects in the track or facilities at the track, the degree of contamination of the track, for example with substances as a result of which cleaning cannot be carried out within a reasonable period of time and weather conditions as a result of which the danger for the participant during participation in the event can be jeopardized or measures with regard to general safety determined by the track, municipality, government or government.

Article 12 - Intellectual property rights

  1. The participant must always fully respect the intellectual property rights of the entrepreneur.
  2. Entrepreneur is authorized to take pictures, videos and/or sound recordings in the broadest sense of the word on which participant is visible during an event and to make these public.

Article 13 - Complaints

  1. Complaints must be made known to the entrepreneur in writing, stating the reasons, within 8 days of the complaint arising. After this period, the participant is deemed to have approved the product or service delivered by the entrepreneur.
  2. Submitted complaints will be responded to within 14 days. If a complaint requires a foreseeably longer processing time, the participant will be notified of this.

Article 14 - Equipment and safety

  1. Participant must be in a good physical and mental condition at the time of the event.
  2. Protective equipment which the contractor recommends are undamaged leather overalls or equipment where the jacket and trousers can be securely zipped together.
  3. Wearing leather gloves and high motorcycle boots/shoes covering wrists and ankles is mandatory. Only helmets without damage and with a proper chinstrap are allowed.
  4. The use of cameras on helmet or body is not allowed.
  5. Motorcycles must be in good technical condition, this is at the risk of the participant. Participation is possible with motorcycles with or without license plate.
  6. Tires mounted on the motorcycle must have tread approved for public roads or so-called NHS tires.
  7. Entrepreneur reserves the right to exclude participant from participation without refund of the registration fee if participant does not meet the obligations mentioned in this article.
  8. Operator is in no way responsible and/or liable for any damage to participant and/or motorcycle during events due to defects in the motorcycle and/or equipment.

Article 15 - Advertising and sales rights

  1. Advertising of the track and/or entrepreneur may never be covered, in part or in full, by the participant.
  2. Entrepreneur reserves the right at all times to remove advertisements or banners that it deems inappropriate.
  3. It is forbidden to sell food and/or beverages or tires and/or parts on a professional basis.

Article 16 - Other provisions

  1. The use of open silencers is not allowed during entrepreneur events. Standard silencers or silencers with DB-killer are allowed.
  2. On all tracks and during all events, a dynamic or static noise measurement can take place. In case of violation of the current rules, the first noise violation will result in a warning. A second violation will result in a definitive exclusion of participation without refund of the entry fee. Motorcycles that produce more than the standard noise will immediately be excluded from further participation without refund of the entry fee.
  3. Fines and other sanctions to be imposed by the authorities on the entrepreneur as a result of exceeding the noise limit or other violations will be recovered from the participant who has caused the exceeding/violation.
  4. It is forbidden for a participant to leave tires and/or other waste in the paddock.
  5. Drilling in the asphalt in the paddock is prohibited, damage and/or fines which are imposed on the entrepreneur will be recovered from the participant.
  6. Burnouts are not allowed on the paddock or track.
  7. Dogs are not allowed in the paddock.
  8. In order to guarantee free access for the fire brigade and the intervention vehicles, the participant must respect the demarcation of the pitches and keep the paths clear.
  9. The track may only be used by the participant after explicit permission and access granted by the entrepreneur. The track may only be used by motorized vehicles within the published hours on the schedule.
  10. Access to the pit lane is restricted to persons of 16 years of age and above
  11. Damage caused to the paddock, track and or space around the track and/or costs for repairs will be charged to the competitor who caused the damage.
  12. Upon participation the participant receives a transponder. In the event of loss, theft or damage of the transponder, the entrepreneur has the right to charge the participant for the cost of the transponder. These costs are equal to the amount that the entrepreneur owes the provider of the transponder in the event of loss, theft or damage.

Article 17 - Disputes

  1. Dutch law applies exclusively to agreements between the participant and the participant to which these general conditions apply.
  2. The parties will first make every effort to reach an agreement in mutual consultation before taking further steps.

Article 18 - Registration

To make optimal use of the website, the participant can register via the registration form/account application option on the website. During the registration procedure the participant chooses a username and password with which he/she can log in on the website after registration. Participant is responsible for choosing a sufficiently reliable password. The participant must keep his/her login details strictly confidential, the entrepreneur is not liable for abuse of the login details and may always assume that the participant who logs on to the website is actually that participant. Everything that happens through the account of the participant is the responsibility and the risk of the participant. If the participant is aware or suspects that his/her login details have come into the hands of unauthorized persons, he/she must change the password as soon as possible and inform the entrepreneur accordingly.