Terms and Conditions

GENERAL TERMS AND CONDITIONS

XELORIS ACADEMY LLC

1. Scope

These General Terms and Conditions (GTC) apply to all services, offers and contracts provided by Xeloris Group GmbH (hereinafter referred to as the “Provider”), in particular in the following areas:

Off-road trips and expeditions

Driving courses and driving experiences

tourist experience programmes

training and coaching programmes

related additional services

Any deviating terms and conditions of the customer shall only apply if they have been expressly accepted in writing.

2. Conclusion of Contract

A contract is concluded by:

written or electronic booking confirmation (email, booking system, signature tool), or

express acceptance of an offer by the customer

The provider reserves the right to refuse bookings without giving reasons.

3. Services

The scope of services is set out in the relevant service description.

The provider is entitled to make adjustments provided that these:

are necessary for organisational reasons, or

are in the interests of safety, or

are necessitated by local circumstances

This applies in particular to weather conditions, safety risks or regulatory requirements.

4. Prices and payment

All prices are quoted in CHF, unless otherwise stated.

Unless otherwise agreed, payments are:

due in advance, or

in accordance with an individual payment agreement

In the event of non-payment, there is no entitlement to the service.

5. Cancellation by the customer

In the event of cancellation by the customer, the following conditions apply:

up to 60 days before the start date: 30% of the price is payable

59–30 days: 60% is payable

less than 30 days: 100% is payable

The customer reserves the right to prove that the loss incurred was less than this.

6. Withdrawal by the provider

The provider may withdraw from the contract if:

there are safety risks

force majeure applies

the minimum number of participants is not reached

there are official restrictions

In this case, any amounts already paid will be refunded, less the cost of services already provided.

Further claims are excluded to the extent permitted by law.

7. Conditions of participation

Participants undertake to:

be in sufficient physical and mental fitness

follow the instructors’ instructions at all times

carry valid driving licences and necessary documents

The provider may exclude participants if safety risks exist.

8. Liability

Participation is at your own risk.

The provider is liable only for:

wilful misconduct

gross negligence

Liability for:

simple negligence

indirect damage

consequential damage

loss of profit

is excluded to the extent permitted by law.

9. Insurance

It is the customer’s responsibility to take out travel, accident or health insurance.

The provider expressly recommends comprehensive insurance cover.

10. Liability for vehicles and equipment

The participant shall be liable for any damage to vehicles or equipment resulting from improper operation or failure to follow instructions.

11. Safety and acceptance of risk

The customer acknowledges that off-road driving, expeditions and training sessions involve an increased level of risk.

The customer expressly accepts these risks.

12. Force majeure

In the event of circumstances beyond the provider’s control (e.g. natural disasters, war, political instability, pandemics), there shall be no entitlement to the event taking place.

13. Image and Media Rights

The provider is entitled to use photographic and video material produced during events for marketing purposes, unless the customer expressly objects in writing.

14. Data Protection

Personal data will be processed exclusively in accordance with statutory provisions and used for the purposes of contract fulfilment.

15. Governing Law and Jurisdiction

Swiss law shall apply.

The place of jurisdiction is Zug, Switzerland, to the extent permitted by law.

16. Final Provisions

Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.