Since the present document is written in double column in Spanish and English, both parties agree that in case of any interpretation discrepancy between both languages, the Spanish version will prevail in any case
TERMS AND CONDITIONS
The next contractual clauses named Terms and Conditions of Track Hire are agreed as essential conditions of the contract to which this document is attached.
1.1 These conditions are applicable in all cases where CIRCUITO ASCARI, SL allows third parties to use, under any title, all or any part of the known as “Circuito Ascari of Ronda”.
1.2 These terms and conditions are supplemental to the conditions agreed in the attached Sales Contract or any other associated documentation issued to the Client by Circuito Ascari, S.L. which together set out the entire agreement between the parties regarding the rendering of services by Circuito Ascari, S.L.
1.3 To the extent that there is conflict or discrepancy, the provisions of these Conditions prevail over the Sale Agreement or other documentation.
1.4 The acceptance of the booking associated with this agreement shall not be deemed to imply any warranty or undertaking by Circuito Ascari, S.L. that the nature or physical condition of the Circuit or any part of it and the provision of marshals, fire, medical or other services and equipment (if any) are suitable for the use contemplated by the Client and the Client must first satisfy itself as to the safety and suitability in all aspects of the facilities and such services before commencing its activities.
1.5 At no time will the Client store any goods, vehicles or equipment at the Circuit except with the prior written approval of Circuito Ascari, S.L.
1.6 The Client shall not make any charge to the public for entry to the Circuit except with the prior written approval of the Company.
1.7 The Client shall not in any way preclude to the staff of Circuito Ascari S.L. and other persons authorised by Circuito Ascari S.L. from having full right of access at all times and for all purposes to every part of the Circuit provided that Circuito Ascari S.L. shall take all reasonable precautions to minimize any inconvenience to the Client.
1.8 This Agreement shall not be considered as property transfer or creates any rights under the lease or lease or exclusive occupation of any part of the circuit. It only grants you the right to enter and use the circuit for Activity Circuit in order to enjoy the permission granted by the services contracted.
1.9 Any information supplied by the Client to Circuito Ascari S.L. in connection with the services contracted shall be treated as confidential information and shall not be disclosed to any third party or used by Circuito Ascari, S.L. except in accordance with the terms of this document and of the sales contract or with the client’s agreement.
2.1 The fee is payable by the Client in full and within the timescales laid down in the Sales Agreement or Annex about it.
2.2 The Client agrees to repay to the Company all costs expenses and outgoings incurred by the Company that were not included in the sales contract and will have to pay the fee for the services rendered not specifically detailed in the Sales Agreement and for those other additional services required by the client or his staff. These payments will have to be paid within the next 7 days after the proper invoice has been sent. The delay in the payments will means an interest rate equal to the legal interest increased in two points.
2.3 In the event of the Client cancelling his booking the Client agrees to pay within the same period described in the previous paragraph and the same interest for delay, the next amounts and in the next situations:
To the previous will be added any other costs expenses and outgoings incurred by Circuito Ascari S.L. in connection with or arising from the Contract.
2.4 In the event of the Client cancelling the booking Circuito Ascari S.L. can offers new available dates in its calendar for the Client to use them and to develop the agreed activities. In such case, if the client accepts the new dates offered by Circuito Ascari, S.L. the amounts paid according to the previous clause will be assigned to the payment of the price of the contract. That assignation will not work for the amounts paid according to the last paragraph of the previous clause unless the same costs and expenses were not necessary in the new agreed dates.
2.5 If for reasons of force majeure Circuito Ascari S.L. could not fulfil all or part of his contractual obligations, such breach of contract in full or partially, or delay in his duties, will not will not mean any liability in front of the client or third parties, including liability for any damages of any kind, direct, indirect or general damages. Likewise shall apply Article 1.105 of the Civil Code.
2.6 The Client will be held responsible for the safe keeping of the circuit, its facilities, and the assets and equipment of Circuito Ascari S.L. and will assume the cost of repairing and replacements as consequent of any loss or damage for the Client using them, including but not limited to, radios, fire extinguishers, barriers or straw bales. The Client must appoint an equipment manager who shall be responsible for all such equipment and in particular its return to Circuito Ascari S.L. in good and proper condition. Any use of, loss or damage to such equipment will be paid for in full by the Client within 7 days of demand.
2.7 Circuito Ascari S.L. may terminate immediately the contract by written notice to the Client, without prejudice of the termination reasons regulated by law, if the Client has not made all or any of the payments due by the date specified in the contract.
2.8 Any parties may terminate the contract by written notice to the other party, without prejudice of the termination reasons regulated by law, in the next situations:
a) Any party is in breach of any of its obligations under the contract or in case of a breach capable of remedy has not remedied such breach within the period given by the other party to do so.
b) Any party is in bankrupt or goes into liquidation or similar economical situation that do foresee contractual breaches.
Termination because of breach of the Client under this clause or for any other legal reasons attributable to the Client entitles to Circuito Ascari S.L. to receive the full payment of the Fee and to full compensation for any damages or any losses arising from or connected with the termination.
2.7 Whilst every reasonable endeavour will be made to keep the Designated Areas opened for the whole of the permitted hours, no claim against Circuito Ascari S.L. shall arise when this is not possible due to matters outside the reasonable control of Circuito Ascari S.L. Without prejudice of the previous, Circuito Ascari S.L will be entitled to:
To close the use of designated areas, or any part of them, without any responsibility for that decision, if due to circumstances, the use or continued use of them is impossible or inadvisable, or if, under the criterion of Circuito Ascari S.L., the Client can not continue using them safely.
3.1 The use of the track will not commence until a designated representative of Circuito Ascari S.L. has authorised the Client to start it.
3.2 The Client shall not use the Circuit for any purpose other than the On Circuit Activity agreed in the contract or similar documents agreed. The overall control of the “On Circuit Activity” will rest with Circuito Ascari S.L. at all times and Circuito Ascari S.L. reserves the right to:
a) Terminate the On Circuit Activity if in its entire discretion considers that the risk to the safety of any person is unacceptable.
b) Stop any person from participating or continuing to participate in the On Circuit Activity if in its entire discretion considers that the actions of that person are putting at risk the safety of other participants in the On Circuit Activity.
c) Terminate the On Circuit Activity if, in its entire discretion, considers that the activity taking place on the Circuit is different from the activity agreed in the contract.
d) Stop all On Circuit Activity in the event of an accident or incident, which under his criterion, may cause hazard, or damage to the Circuit safety equipment. In such an event Circuito Ascari S.L. will clear the Circuit and should the Circuit safe equipment be damaged the circuit’s manager will assess the need for repair and wherever possible arrange the immediate repairs. The circuit’s manager will notify the Client if any delay to the On Circuit Activity may be necessary on the ground of safety.
e) Evict of the Circuit enclosure to anyone that for his behaviour causes inconvenience or damage to third parties.
f) If On Circuit Activity is stopped due to any of the reasons listed in this document the Client shall not be entitled to claim damages of any kind. If the stopping of the Circuit Activities were due to any act or neglect of the Client or for reasons chargeable to him according to this document Circuito Ascari S.L. shall be entitled to receive the full payment of the Fee.
3.3 Approval of activities.
a) Circuito Ascari S.L. must receive, together with the signed Sales Agreement, a detailed description of the proposed On Circuit Activity for its approval, including the proposed timetable and the number and classification of Road Homologated Vehicles and or Vehicles prepared for Racing on the Circuit at one time. The number of vehicles on track at any one time must not exceed the figure specified on the Sales Agreement.
b) It is the Clients responsibility to obtain names and full details, from every participant and this information must be made available upon request by Circuito Ascari S.L.
c) Stunts displays, air displays or fireworks displays are only permitted with the express written approval in advance of the Circuit Manager.
3.4 Noise limits.
a) All Vehicles must comply with the noise limits of 65 dBA of emission in the boundaries of the property. For this purpose all the Vehicles Prepared for Racing should pass the following static sound test: Less than 90 dB at 75% maximum RMP, measured 5 meters from the exhaust pipe and in the same horizontal plane.
b) The use of the Circuit by unsilenced vehicles is strictly prohibited unless specifically subject to prior consent from Circuito Ascari S.L.
c) All Road Homologated Vehicles must be silenced in accordance with all relevant Spanish regulation.
d) Circuito Ascari S.L.reserves the right to carry out noise tests on all vehicles using in the Circuit.
3.5 Circuito Ascari S.L. reserves the right to impose additional conditions regarding the control of track activity. Such conditions may include the appointment of a Track Advisor nominated by Circuito Ascari S.L. to oversee all activity. The cost to such appointment will be the responsibility of the Client. Failure to follow the instructions of the nominated Track Advisor may be considered a breach of these terms and conditions.
3.6 The Client shall comply with all the general rules of the Ascari Circuit in Ronda and shall provide a copy of all such general rules to all its customers, visitors, guests, employees and agents and ensure that all its customers, visitors, guests, employees and agents comply with all such rules.
3.7 Drivers. It is the responsibility of the Client to ensure that:
a) All drivers must be qualified to hold a valid driving licence, other than provisional, entitling them to drive the vehicle they intend to use on the Circuit. Any participant aged 17 years or under must be accompanied by a parent or guardian who shall sign the necessary indemnities.
b) All drivers must wear a SNELL approved crash helmets of a recognized manufacture and complying with the current MSA general regulations set out in section Q of those regulations. In the case of single-seater and open-top Vehicles prepared for racing, it is mandatory to wear a full-face crash helmet witch complies with the above stated regulations.
a) Passengers are only allowed in motor vehicles after obtaining the prior written approval of the Circuit Manager. In any case it is the responsibility of the Client to ensure that all passengers use crash helmets of a recognized manufacture and comply with the current MSA general regulations set out in Section Q of those regulations.
b) Passengers will only be allowed in vehicles when being driven by a driver who was previously approved by Circuito Ascari S.L.
4.1 The Client will, at its own expense, comply with, and procure compliance by all its customers, visitors, guests, employees and agents, to all legal current regulations, including those relating to health and safety and to petroleum and petroleum-spirit, or other legal rules affecting the use of Ascari Circuit in Ronda by the Client for the On Circuit Activity. The Client will supply to Circuito Ascari S.L., upon request, copies of all related documents required hereunder, including copies of any relevant insurance policies.
4.2 The Client will not itself or permit its customers, visitors, guests, employees or agents to venture upon any other part of Ascari Circuit other than the Designated Areas or interfere with the booking or use of Ascari Circuit of other client of Circuito Ascari S.L. When the Client has non-exclusive use of any part of the Designated Areas he will ensures that any other users of such areas are not placed at risk and will where appropriate put up adequate signage and barriers.
4.3 The Client will not permit any activity nor reckless or dangerous driving and ensure that all its customers, visitors, guests, employees and agents observe the site speed limit of 40 km/h applicable to the internal roadways at Ascari Circuit and the speed limited of 30 km/h at the enter of the pit lane.
4.4 The Client will not, under any circumstances, allow children less than 18 years into the pits or garages or at the restricted areas unless an adult responsible for them accompanies them.
4.5 Notification of any accident, with full details of how the accident occurred, must be given to the Circuit Manager or his nominated deputy as soon as it has occurred, telling in detail if personal injury or damage to the circuit has occurred and the details of any witnesses. The Client shall not make any admission of liability in respect of any such accident without the prior written consent of Circuito Ascari S.L.
4.6 All vehicles using the circuit must be in a safe, good mechanical condition and suitable in all aspects for the On Circuit Activity.
4.7 In the event that the Client provides its own instructors, appropriate tuition and supervision must be given by competent Instructors to users of the circuit who do not hold a racing licence or who do not have the requisite experience for any motor sport or other motoring activities scheduled to take place at Ascari Circuit as part of the On Circuit Activity.
4.8 Braking manoeuvring skid control exercises or other driving skills or vehicle tests shall only be carried out if authorized as part of the On Circuit Activity and in an area specifically set aside for these purposes and where suitable and adequate safety measures are in place for those taking part and for other users of Ascari Circuit.
4.9 No animals are allowed into Ascari Facilities.
4.10 It is expressly forbidden, unless expressly authorisation by Circuito Ascari S.L. to such effect, and in the terms that shall be determined in said authorization, the use of DRONES or any similar unmanned aerial vehicles. The Client will not allow any activity of this type and will be responsible for all its clients, visitors, guests, employees and agents to observe compliance with this limitation.
5.1 If the client intends to use its own vehicles on track the client must take out an insurance policy in respect of public liability risks according to the requirements required by Circuito Ascari S.L., being in any case not less than 10.000.000€ in respect of each and every incident and claim and this policy shall state as a beneficiary of compensation to Circuito Ascari S.L. A copy of the insurance policy must be provided to Circuito Ascari S.L. If for any reason the Client did not formalized such insurance or it did not cover the damages that may occur, the Client is responsible for all the damage that was caused in the broadest sense.
5.2 If the Client uses only vehicles of Circuito Ascari S.L., the Client undertakes to be solely responsible for all damage to vehicles and to any property, including track protection elements. The Client will be able to contract an insurance policy to cover those damages but without prejudice of his responsibility.
5.4 The Client may not make any claim to the insurers contracted by Circuito Ascari S.L. in any case, and any claim will always have to be dealt through SL Ascari Circuit. Copies of these insurance policies will be provided to the Client at his request.
5.4 Circuito Ascari S.L. will not be liable for any goods of the Customer or third parties. The Client undertakes to be solely responsible for the safety of all person of its customers, visitors, guests, employees or agents and of their acts
5.5 The responsibility of Circuito Ascari S.L. in front of the client or any of its customers, visitors, guests, employees or agents, whether for breach of contract, negligence or for any other similar reason shall be limited to the greater of the next: a) an amount equal to the fee; or b) The amounts received in respect of any such liability from the insurance companies.
5.6 The client hereby agrees to indemnify and keep indemnified Circuito Ascari S.L. against all claims, made against Circuito Ascari S.L. by any of the client’s customers, visitors, guests, employees or agents or any other person.
5.7 The client will not allow any person to participate in the on circuit activity until any such person have signed a waiver document absolving the Company from any responsibility and liability for such persons participating in the on circuit activity in the form set out in schedule attached of these terms and conditions.
6.1 The Client is not allowed to film or record by audio or visual means his activities at the Circuit unless expressly authorized.
6.2 Any catering services shall only be supplied by the contracted catering supplier of Circuito Ascari S.L.
7.1 There must be a Client’s representative at the Circuit at all times during the contracted services. This representative must be fully authorized by the Client in all matters related to the service contract. Any manifestations or instructions from the Client to Circuito Ascari S.L. during the period of services contracted will have to be made through the Client’s Representative. –
7.2 The Client shall clear and remove all the rubbish and refuses and other materials not belonging to Circuito Ascari S.L. from the premises so that they are completely clean and tidy at the end of the contracted period. All tyres, empty fuel cans, waste oil and other sundry items must be removed by the Client.
7.3 The Client shall not arrange for the delivery/collection of any goods or materials to Ascari Circuit unless employees or agents of the Client are available and ready to accept delivery thereof.
7.4 Circuito Ascari S.L. has the right, at the cost of the Client, to remove and dispose of any goods or articles remaining on Ascari Circuit upon the expiry of the contracted period without any liability whatsoever to the Client or its customers, visitors, guests, employees or agents. Without prejudice to the foregoing in the event that Circuito Ascari S.L. allows goods to remain on Ascari Circuit the Client shall pay the Fee at the standard rates at that time and the storage costs involved. The Company reserves the right to charge for the cleaning of the track, paddock, boxes or any other Designated Area.
7.5 Previous inspection of the facilities by the Client, the same agrees that it is fully liable for all damage to Ascari Circuit including but not limited to the circuit or paddock surfaces or track surfaces (including grass run-offs gravel/sand traps and retaining walls, tyre walls and concrete walls and circuit furniture) or to the decoration or carpeting of any building or other fixtures and fittings and equipment or otherwise which may occur or arising during the occupation use and enjoyment of the Designate Areas and access to Ascari Circuit by the Client, its customers, visitors, guests, employees and agents. The Client agrees that any such damage will be repaired by and at the reasonable direction of Circuito Ascari S.L. but at the sole cost of the Client and such costs will be paid by the Client to Circuito Ascari S.L. within 7 days of demand.
7.6 Upon the expiry of the contracted period the Client shall clear the Designated Areas and any other parts of Ascari Circuit, leaving them in the same conditions as they were at the commencement of the activities.
7.7 Circuito Ascari S.L. is responsible for the appointment and remuneration of medical and safety personnel, marshals, doctor, ambulance personnel and recovery units. Any additional safety personnel required for the track hire, such as rescue units, will be additional costs for the Client. Circuito Ascari S.L. has the right in its absolute discretion to require that additional medical and safety personnel will be appointed and any such requirement will be notified to the Client on the Sales Agreement or otherwise in writing.
8.1 This Agreement shall be governed by the Spanish Law. Any disputes arising in connection therewith shall exclusively be decided by the courts of Ronda and superiors.
8.2 If any of the provisions of these terms and conditions is found by a Court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from these terms and conditions and the remaining provisions shall continue in full force and effect.
The CLIENT is informed that, in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the European Council, of April 27TH, 2016, regarding the protection of individuals with regard to personal data processing and the free circulation of these data and repealing Directive 95/46/ EC, that:
The responsible for the treatment is CIRCUITO ASCARI S.L. The CLIENT signing this document, agrees to provide CIRCUITO ASCARI S.L. all data and documentation necessary for the proper provision of the service contracted, expressly authorizing the collection and processing of data necessary for the good provision of the same in what they were not provided, for which purpose it is stated that the personal data of the CLIENT will be incorporated into a file, responsibility of this indicated company that will proceed to treat the data in a lawful, loyal, transparent, adequate, relevant, limited, accurate and updated way. The treatment of the data with these purposes will be maintained, while the commercial relationship lasts or during the years necessary to comply with the legal obligations.
Until you tell us otherwise, we understand that your data has not been modified, that you agree to notify us of any variation and that we have your consent to use them for the purposes mentioned. The CLIENT is allowed to exercise the rights of access, rectification, cancellation or opposition to the treatment in the terms and conditions provided by the Data Protection legislation in force at any time. You can go to the competent Control Authority to present the claim that may consider appropriate. For this purpose, the CLIENT expressly consents the data transfer when necessary for the best provision of the contracted service, provided that only the essential data for this is transferred, this consent that may be revoked at any time by means of reliable communication to CIRCUITO ASCARI S.L. at the address: Carretera de Campillos, Km 30,5, Ronda, 29400, Málaga, Spain.