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AUSTRALIAN GRAND PRIX
Melbourne
25th - 28th March 2010
Legal Information
Article 1 Definitions
1. In the present general terms and conditions, the following terms are used in the sense given below, unless explicitly indicated otherwise.
• User: the user of the general terms and conditions;
• Consumer: an opposite party being a natural person who does not act in the course of a business or in the course of a profession, or a person who does act on behalf of a business;
• Agreement: the agreement between the user and the consumer;
• Consumer purchase: the agreement of sale concerning entrance ticket(s) to a FIA Formula 1 World Championship race or Moto GP; a consumer being a natural person, who does not act in the course of a profession or business, or a person who acts on behalf of a business.
Article 2 General
1. The present terms and conditions shall apply to each and every offer, tender and agreement between user and a consumer, to which user has declared the present terms and conditions applicable, insofar as parties have not explicitly deviated from the present terms and conditions in writing.
2. The present terms and conditions shall also apply to agreements with user, the execution of which calls for the services of third parties.
3. Possible deviations from the present general terms and conditions shall only be valid provided they have been explicitly agreed upon in writing.
Article 3 Offers and Tenders
1. All offers and tenders shall be free of obligation and shall be made through this website or through e-mail, unless user forgoes a written offer for practical, urgent or other reasons. The offer shall bear a date, or shall provide the possibility to be determined according to the date.
2. User shall only be bound by offers and tenders if the consumer accepts such, by ordering and paying direct through the on-line secure payment server. The prices given in an offer shall include VAT, unless indicated otherwise.
3. It shall not be possible to bind user to his offers and tenders if the consumer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer or tender, or part thereof, obviously contains a mistake or an error in writing.
4. If the acceptance deviates (on secondary items) from the offer given, user shall not be bound by it. The agreement shall in such event not be concluded in accordance with said deviating acceptance, unless user indicates otherwise.
5. A compound quotation shall not oblige user to deliver part of the goods contained in the offer or tender against a corresponding part of the given quotation.
6. Offers and tenders shall not apply automatically to repeat orders.
7. In case the offer or tender is accepted through an on-request order, prices may vary depending on availability. Client will be contacted and put forward another offer or tender or suggestion. If client does not agree at that time, the order can be cancelled.
Article 4 Conclusion of the Agreement
1. The present agreement shall be concluded through the timely acceptance by the consumer of user's offer.
2. Cancellation of any consumer purchase after the client has confirmed the order is not possible. The consumer’s right to withdraw from the contract within 7 days according to the Distance Selling law is not applicable because of the nature of the product. Article 7.1.9A.4 (BW) excludes ‘leisure services on a specific date’.
Article 5 Delivery
1. Unless agreed upon otherwise, delivery shall be made at the specified address given in the order form through WES Express delivery.
2. The consumer shall be held to take delivery of the purchased goods the moment said goods are at his disposal or handed over to him.
3. If the consumer refuses to take delivery of the purchased goods or fails to give the information or instructions necessary to their delivery, the goods destined for delivery shall be stored at the consumer's risk following notification of the consumer by user. In said event, the consumer shall owe all additional costs.
4. Delivery will be charged directly upon the charge of the order. The postage and administration charge depend on the delivery address.
5. If, in the framework of the execution of the agreement, user requires data to be given by the consumer, the term of delivery shall commence after the consumer has provided user with said data.
6. Tickets are sent out approximately 7-10 days before the event as tickets are not received any earlier from the promoter. If user has given a term of delivery, it shall only be indicative. A given term of delivery shall therefore never constitute a term to be observed on penalty of forfeiture of rights. The final term of delivery shall, however, never exceed the given term of delivery by more than one week, unless there is a matter of force majeure. If the term of delivery is exceeded, the consumer must give user notice of default in writing.
Article 6 Guarantee
1. User shall guarantee that the goods to be delivered shall meet the usual requirements and standards that can be set for and made upon them and that they shall be free of any defect whatsoever.
2. The guarantee mentioned under 1 shall equally apply if the goods to be delivered are destined for use abroad and if the consumer explicitly informed user of this use in writing the moment the agreement was entered into.
3. The guarantee mentioned under 1 shall be valid for the specific event/venue where tickets have been purchased for.
4. The note of purchase shall serve as proof with respect to the guarantee.
5. If the guarantee given by user concerns a good produced by a third party, the guarantee shall be limited to the guarantee given by the producer of the good.
Article 7 Retention of Title
1. User shall remain the full owner of the delivered ticket(s) until the purchase price has been paid in full.
Article 8 Transfer of Risk
1. The risk of loss of, or damage to the ticket(s) being the subject of the agreement, shall be transferred to the consumer the moment said products are judicially and/or actually delivered to the consumer and therefore fall into the power of the consumer or of third parties to be appointed by the consumer.
2. The risk of loss of, or damage to the ticket(s) can be insured through a third party between the period of sending the ticket(s). The user will offer this option to client. The user can only be held accountable for the damage incurred through the loss of ticket(s) for the purchase value of these ticket(s). User cannot be held responsible for damages incurred as a result of the loss of the ordered ticket(s)
Article 9 Price Increase
1. If user agrees upon a certain price with the consumer the moment the agreement is concluded, user shall nevertheless be entitled to increase the price, even in the event that the initial price was not given subject to approval.
2. Ordered and paid ticket(s) are not subject to price increase. Only ticket(s) ordered on request may have a different price - see 3.7
Article 10 Payment
1. Unless agreed upon otherwise, payment must be made through credit card upon order date.
2. If payment is not made by credit card, it must be effected within 14 days from the date of invoice, in a way to be indicated by user and in the currency in which the goods were invoiced.
3. Contestation of the amount of the invoices shall not suspend the fulfillment of the payment obligation.
4. User's claims and the consumers obligations vis à vis user shall become due on demand in the event of bankruptcy, suspension of payment or curatorship.
Article 11 Suspension and Dissolution
1. User shall be authorized to suspend the fulfillment of the obligations under the agreement or to dissolve the agreement, in the event that:
- consumer does not fulfill or does not fully fulfill his obligations resulting from the agreement
- after the agreement has been concluded, user learns of circumstances giving good ground to fear that the
- consumer will not fulfill his obligations. If good ground exists to fear that the consumer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action.
consumer was asked to furnish security to guarantee the fulfillment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient.
2. User shall furthermore be authorized to dissolve the agreement (have the agreement dissolved) if circumstances arise of such a nature that fulfillment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
3. If the agreement is dissolved, the user's claims against the consumer shall be forthwith due and payable. If user suspends fulfillment of his obligations, he shall retain his rights under the law and the agreement.
4. User shall always retain the right to claim damages.
Article 12 Collection Charges
1. If the consumer fails to fulfill one or more of his obligations or defaults on one or more of them, then all reasonable costs incurred to have all extrajudicial costs and debts paid shall be borne by the consumer. The consumer shall in any case owe the collection charges in the event of a monetary claim. The collection charges shall be calculated in accordance with the collection rates advised by the Monegasque law for collection procedures.
2. If user demonstrates that he has incurred higher expenses, which were necessary in reason, said expenses shall also qualify for reimbursement.
Article 13 Liability
1. If the goods delivered by user are defective, user's liability vis à vis the consumer shall be limited to the arrangements made in the present terms and conditions under "Guarantee".
2. When the producer of a defective good is liable for consequential damage, the user's liability shall be limited to returning the purchase price.
3. Without prejudice to the above, user shall not be liable if the damage is attributable to intentional act or omission and / or gross negligence and / or imputable actions, or to injudicious or improper use on the part of the consumer.
4. The limitations of liability for direct damage contained in the present terms and conditions shall not apply if the damage is due to intentional act or omission or gross negligence on the part of user or his subordinates.
Article 14 Force Majeure
1. Parties shall not be held to fulfill any of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.
2. In addition to the provisions of the law and the judge-made law in this respect, force majeure shall in the present general terms and conditions furthermore be understood to be any external circumstance, be it envisaged or not, on which user cannot have any influence but which prevents user from fulfilling the obligations. Industrial action at user's company shall also be understood to be a circumstance of force majeure.
3. User shall also be entitled to invoke force majeure if the circumstance rendering (further) fulfillment of the obligation(s) impossible, commences after the point in time on which user should have fulfilled his obligation.
4. Throughout the duration of the circumstances of force majeure, parties shall be entitled to suspend the fulfillment of their obligations. If this period lasts for more than two months, either of the parties shall be entitled to dissolve the agreement without any obligation to pay the opposite party damages.
5. Insofar user has already partially fulfilled his obligations resulting from the agreement at the moment the circumstance of force majeure commenced or shall be able to fulfill them and insofar separate value can be attributed to the part already fulfilled or still to be fulfilled respectively, user shall be entitled to separately invoice the part already fulfilled or still to be fulfilled respectively. The consumer shall be held to pay this invoice as if it were a separate agreement.
Article 15 Disputes
1. The Court in user's place of business shall have exclusive jurisdiction to hear actions, unless the District Court is the competent Court. User shall nevertheless be entitled to submit the dispute to the Court deemed competent by the law.
Article 16 Applicable Law
1. Monegasque law shall apply to each and every agreement between user and the consumer. The Vienna Sales Convention shall be explicitly excluded.
2. Distance Selling law (april 2001): The consumer’s right to withdraw from the contract within 7 days according to the Distance Selling law is not applicable because of the nature of the product. Article 7.1.9A.4 excludes ‘leisure services on a specific date’.
Article 17 Changes to the Terms and Conditions and their Location
1. The present terms and conditions have been filed in Monaco.
2. The most recently filed version shall always apply, or, the case ensuing, the version valid at the time the agreement was concluded.
1. In the present general terms and conditions, the following terms are used in the sense given below, unless explicitly indicated otherwise.
• User: the user of the general terms and conditions;
• Consumer: an opposite party being a natural person who does not act in the course of a business or in the course of a profession, or a person who does act on behalf of a business;
• Agreement: the agreement between the user and the consumer;
• Consumer purchase: the agreement of sale concerning entrance ticket(s) to a FIA Formula 1 World Championship race or Moto GP; a consumer being a natural person, who does not act in the course of a profession or business, or a person who acts on behalf of a business.
Article 2 General
1. The present terms and conditions shall apply to each and every offer, tender and agreement between user and a consumer, to which user has declared the present terms and conditions applicable, insofar as parties have not explicitly deviated from the present terms and conditions in writing.
2. The present terms and conditions shall also apply to agreements with user, the execution of which calls for the services of third parties.
3. Possible deviations from the present general terms and conditions shall only be valid provided they have been explicitly agreed upon in writing.
Article 3 Offers and Tenders
1. All offers and tenders shall be free of obligation and shall be made through this website or through e-mail, unless user forgoes a written offer for practical, urgent or other reasons. The offer shall bear a date, or shall provide the possibility to be determined according to the date.
2. User shall only be bound by offers and tenders if the consumer accepts such, by ordering and paying direct through the on-line secure payment server. The prices given in an offer shall include VAT, unless indicated otherwise.
3. It shall not be possible to bind user to his offers and tenders if the consumer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer or tender, or part thereof, obviously contains a mistake or an error in writing.
4. If the acceptance deviates (on secondary items) from the offer given, user shall not be bound by it. The agreement shall in such event not be concluded in accordance with said deviating acceptance, unless user indicates otherwise.
5. A compound quotation shall not oblige user to deliver part of the goods contained in the offer or tender against a corresponding part of the given quotation.
6. Offers and tenders shall not apply automatically to repeat orders.
7. In case the offer or tender is accepted through an on-request order, prices may vary depending on availability. Client will be contacted and put forward another offer or tender or suggestion. If client does not agree at that time, the order can be cancelled.
Article 4 Conclusion of the Agreement
1. The present agreement shall be concluded through the timely acceptance by the consumer of user's offer.
2. Cancellation of any consumer purchase after the client has confirmed the order is not possible. The consumer’s right to withdraw from the contract within 7 days according to the Distance Selling law is not applicable because of the nature of the product. Article 7.1.9A.4 (BW) excludes ‘leisure services on a specific date’.
Article 5 Delivery
1. Unless agreed upon otherwise, delivery shall be made at the specified address given in the order form through WES Express delivery.
2. The consumer shall be held to take delivery of the purchased goods the moment said goods are at his disposal or handed over to him.
3. If the consumer refuses to take delivery of the purchased goods or fails to give the information or instructions necessary to their delivery, the goods destined for delivery shall be stored at the consumer's risk following notification of the consumer by user. In said event, the consumer shall owe all additional costs.
4. Delivery will be charged directly upon the charge of the order. The postage and administration charge depend on the delivery address.
5. If, in the framework of the execution of the agreement, user requires data to be given by the consumer, the term of delivery shall commence after the consumer has provided user with said data.
6. Tickets are sent out approximately 7-10 days before the event as tickets are not received any earlier from the promoter. If user has given a term of delivery, it shall only be indicative. A given term of delivery shall therefore never constitute a term to be observed on penalty of forfeiture of rights. The final term of delivery shall, however, never exceed the given term of delivery by more than one week, unless there is a matter of force majeure. If the term of delivery is exceeded, the consumer must give user notice of default in writing.
Article 6 Guarantee
1. User shall guarantee that the goods to be delivered shall meet the usual requirements and standards that can be set for and made upon them and that they shall be free of any defect whatsoever.
2. The guarantee mentioned under 1 shall equally apply if the goods to be delivered are destined for use abroad and if the consumer explicitly informed user of this use in writing the moment the agreement was entered into.
3. The guarantee mentioned under 1 shall be valid for the specific event/venue where tickets have been purchased for.
4. The note of purchase shall serve as proof with respect to the guarantee.
5. If the guarantee given by user concerns a good produced by a third party, the guarantee shall be limited to the guarantee given by the producer of the good.
Article 7 Retention of Title
1. User shall remain the full owner of the delivered ticket(s) until the purchase price has been paid in full.
Article 8 Transfer of Risk
1. The risk of loss of, or damage to the ticket(s) being the subject of the agreement, shall be transferred to the consumer the moment said products are judicially and/or actually delivered to the consumer and therefore fall into the power of the consumer or of third parties to be appointed by the consumer.
2. The risk of loss of, or damage to the ticket(s) can be insured through a third party between the period of sending the ticket(s). The user will offer this option to client. The user can only be held accountable for the damage incurred through the loss of ticket(s) for the purchase value of these ticket(s). User cannot be held responsible for damages incurred as a result of the loss of the ordered ticket(s)
Article 9 Price Increase
1. If user agrees upon a certain price with the consumer the moment the agreement is concluded, user shall nevertheless be entitled to increase the price, even in the event that the initial price was not given subject to approval.
2. Ordered and paid ticket(s) are not subject to price increase. Only ticket(s) ordered on request may have a different price - see 3.7
Article 10 Payment
1. Unless agreed upon otherwise, payment must be made through credit card upon order date.
2. If payment is not made by credit card, it must be effected within 14 days from the date of invoice, in a way to be indicated by user and in the currency in which the goods were invoiced.
3. Contestation of the amount of the invoices shall not suspend the fulfillment of the payment obligation.
4. User's claims and the consumers obligations vis à vis user shall become due on demand in the event of bankruptcy, suspension of payment or curatorship.
Article 11 Suspension and Dissolution
1. User shall be authorized to suspend the fulfillment of the obligations under the agreement or to dissolve the agreement, in the event that:
- consumer does not fulfill or does not fully fulfill his obligations resulting from the agreement
- after the agreement has been concluded, user learns of circumstances giving good ground to fear that the
- consumer will not fulfill his obligations. If good ground exists to fear that the consumer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action.
consumer was asked to furnish security to guarantee the fulfillment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient.
2. User shall furthermore be authorized to dissolve the agreement (have the agreement dissolved) if circumstances arise of such a nature that fulfillment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
3. If the agreement is dissolved, the user's claims against the consumer shall be forthwith due and payable. If user suspends fulfillment of his obligations, he shall retain his rights under the law and the agreement.
4. User shall always retain the right to claim damages.
Article 12 Collection Charges
1. If the consumer fails to fulfill one or more of his obligations or defaults on one or more of them, then all reasonable costs incurred to have all extrajudicial costs and debts paid shall be borne by the consumer. The consumer shall in any case owe the collection charges in the event of a monetary claim. The collection charges shall be calculated in accordance with the collection rates advised by the Monegasque law for collection procedures.
2. If user demonstrates that he has incurred higher expenses, which were necessary in reason, said expenses shall also qualify for reimbursement.
Article 13 Liability
1. If the goods delivered by user are defective, user's liability vis à vis the consumer shall be limited to the arrangements made in the present terms and conditions under "Guarantee".
2. When the producer of a defective good is liable for consequential damage, the user's liability shall be limited to returning the purchase price.
3. Without prejudice to the above, user shall not be liable if the damage is attributable to intentional act or omission and / or gross negligence and / or imputable actions, or to injudicious or improper use on the part of the consumer.
4. The limitations of liability for direct damage contained in the present terms and conditions shall not apply if the damage is due to intentional act or omission or gross negligence on the part of user or his subordinates.
Article 14 Force Majeure
1. Parties shall not be held to fulfill any of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.
2. In addition to the provisions of the law and the judge-made law in this respect, force majeure shall in the present general terms and conditions furthermore be understood to be any external circumstance, be it envisaged or not, on which user cannot have any influence but which prevents user from fulfilling the obligations. Industrial action at user's company shall also be understood to be a circumstance of force majeure.
3. User shall also be entitled to invoke force majeure if the circumstance rendering (further) fulfillment of the obligation(s) impossible, commences after the point in time on which user should have fulfilled his obligation.
4. Throughout the duration of the circumstances of force majeure, parties shall be entitled to suspend the fulfillment of their obligations. If this period lasts for more than two months, either of the parties shall be entitled to dissolve the agreement without any obligation to pay the opposite party damages.
5. Insofar user has already partially fulfilled his obligations resulting from the agreement at the moment the circumstance of force majeure commenced or shall be able to fulfill them and insofar separate value can be attributed to the part already fulfilled or still to be fulfilled respectively, user shall be entitled to separately invoice the part already fulfilled or still to be fulfilled respectively. The consumer shall be held to pay this invoice as if it were a separate agreement.
Article 15 Disputes
1. The Court in user's place of business shall have exclusive jurisdiction to hear actions, unless the District Court is the competent Court. User shall nevertheless be entitled to submit the dispute to the Court deemed competent by the law.
Article 16 Applicable Law
1. Monegasque law shall apply to each and every agreement between user and the consumer. The Vienna Sales Convention shall be explicitly excluded.
2. Distance Selling law (april 2001): The consumer’s right to withdraw from the contract within 7 days according to the Distance Selling law is not applicable because of the nature of the product. Article 7.1.9A.4 excludes ‘leisure services on a specific date’.
Article 17 Changes to the Terms and Conditions and their Location
1. The present terms and conditions have been filed in Monaco.
2. The most recently filed version shall always apply, or, the case ensuing, the version valid at the time the agreement was concluded.
