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1.1. These General Terms and Conditions (hereinafter "GTCs") shall govern all orders for any products and/or services, including ancillary services, submitted to S.A. LE CIRCUIT DE SPA FRANCORCHAMPS, the Registered Office of which is situated at B-4970 FRANCORCHAMPS, Route du Circuit 55, registered under BCE number 0833.629.678 (hereinafter the "Service Provider"), in writing or by any other means of communication, such as by fax, email, verbally or via the www.spa-francorchamps.be and/or https://www.spa-francorchamps-tickets.com websites (hereinafter the "Site").
1.2. The present GTCs update and replace all other General Terms and Conditions and/or Agreements, whether verbal or in writing, concluded subsequently or previously. The primacy and exclusivity of these GTCs is an essential element of the contract and is not conceivable without their inclusion, unless expressly waived, in writing, by the Parties.
1.3. By taking the positive step of ticking the box "I have read and I accept the General Terms and Conditions" offering these terms and conditions as a hypertext link, by placing an order on the Site, by signing the GTCs, or by signing a quote for acceptance, an Order form, an Offer form or an Agreement, or by accepting, even tacitly (by paying an invoice), the Service Provider's Co-contractor (hereinafter the "Client") expressly acknowledges having read the GTC and having accepted them without reservation.
1.4. The provisions of the present General Terms and Conditions apply in a reciprocal manner between Client and Service Provider.
2.1. When an Offer is made by the Service Provider, the specific conditions laid down in this document supplement the GTCs.
2.2. Any Specifications submitted by the Client are to be used for documentation purposes only and cannot be adduced against the Service Provider.
2.3. Offers issued by the Service Provider are valid for the period expressly stated on the Offer from the date of issue. The Service Provider reserves the right to adjust any issued Offers, provided always that they have not yet been accepted in writing, by the Client. Any changes made by the Client to the Offer are binding on the Service Provider only if the Service Provider has explicitly agreed to such change, and that in writing.
2.4. Any Order not following an Offer issued by the Service Provider will be binding on the Service Provider only if the latter has explicitly accepted that Order in writing.
2.5. The Service Provider's Agents and Employees do not have powers of representation and cannot engage the liability of the Service Provider. Any Order following a booking negotiated by an Agent or an Employee of the Service Provider will be binding on the Service Provider only if the latter has explicitly accepted that Order in writing.
2.6. To place an Order through the Site, it is necessary to follow the applicable process and to provide various items of information. The Client is solely responsible for the information provided and for its accuracy. If it is possible to create a Customer Account, the Customer must ensure that its account is protected against fraudulent use. Such protection must include a sufficiently elaborate and strictly confidential password. The Client must inform the Service Provider as soon as possible regarding any fraudulent use of this account.
The Client placing an Order for a third party is considered as the Ordering Party and, as such, is Guarantor for payment of the Order. They must also ensure that they inform the Third Party regarding the content of the GTCs and their application.
Before an Order is processed, the Service Provider reserves the right to verify the Client's data and request additional information. The Service Provider reserves the right to refuse any Order, at its sole discretion and, more particularly, for reasons of security (hacked account), fraud (minor or incapacitated Customer), error (unknown address), commercial transaction (professional Customer, purchase for resale purposes, etc.). The Service Provider reserves the right to claim damages from the Client if the Client has placed an Order in violation of the provisions of the GTCS.
A confirmation e-mail will be sent to the Customer. This e-mail address must be kept by the Client once the Order has been validated and paid in full.
2.7. The services are offered within the limits of availability. If necessary, the Service Provider may change the category of the service ordered by an equivalent or higher category, at no additional cost to the Client, who will be notified by e-mail regarding any such changes. In the event of refusal or impossibility of executing the Order, the Client will be informed as soon as possible; any sums already paid will be reimbursed as soon as possible and, in any case, not later than within 14 (fourteen) days of refusal of the order.
3.1. Baptism of the Track
The Service Provider makes the Circuit’s track available to the Client with a view to the Client's organization of a first run or event. The baptism includes Participants designated by the Client.
The service includes authorization to access the Circuit as a Passenger in a vehicle, as well as provision of a vehicle, driven by a professional Driver. Participants will be seated in the Service Provider's car next to the Driver, designated by the Service Provider. Participants will be strapped in and helmeted (the helmet is provided by the Service Provider) and will complete two laps of the Track. Only the Service Provider's Driver will be able to drive the car, to the exclusion of Participants.
Only the Client and Participants, at least 16 years of age, may take part in a track baptism.
3.2. Gift vouchers
Gift vouchers (hereinafter "Vouchers") are issued for a period of validity expressly limited to the date stated on the Vouchers. Vouchers can be used as a means of payment for all products and/or services offered by the Service Provider.
3.3. Guided visits
The duration of the guided tour is +/- one and a half hours. It includes a behind-the-scenes tour of the Track, including the paddocks, the press room, the speaker booths and the podium. The content of the guided tour may be tailored by the Service Provider according to logistical and/or security conditions making certain places inaccessible to the public. The guided tour is led by an experienced Guide.
The Service Provider offers private tours upon express prior request or group visits.
Guided tours are accessible to all Customers and Participants, whatever age, unless expressly stated otherwise at the time of booking.
3.4. Business Club
The Service Provider provides VIP seats including catering and access to a trial. The catering plan is defined by the Service Provider, who mandates a third party for that purpose.
3.5. Provision of premises
3.5.1. The Service Provider shall provide the Client with premises equipped with the basic furniture, provided by the Service Provider (round tables and chairs only), in accordance with the plan and the inventory of fixtures, defined in more detail in the Offer, in the state well known to the Client; this exempts the Service Provider from further information. Any request for furniture other than the Service Provider's basic furniture is to be planned and installed by the Client (unless specifically requested).
3.5.2. Such provision includes water and electricity charges and the collection and removal of waste and refuse other than that of the Caterer (which must be removed by the latter) as well as the cleaning of the premises.
3.5.3. The Service Provider is responsible for the security of the site (no security dedicated to the premises made available). However, any use outside the normal opening and operating hours of the Tour will imply the payment by the Client of the additional costs that the Service Provider would have to bear due to such additional occupation.
3.5.4. The goods as described are made available to the Client in order to carry out public relations operations related to its commercial activity, to the exclusion of any other intended use and, more particularly, to the exclusion of any direct or indirect trade or commerce. The use of the premises may neither be modified nor extended to other activities, whether or not related activities, without the requirement of prior written consent of the Service Provider, who may oppose the same, without thereby having to justify the decision.
In signing the Offer, the Client acknowledges having carried out the necessary checks and tests to ensure that the premises made available allow the desired event to be held. The Service Provider cannot be held responsible if the Client should realize, after signing the Offer, that the premises made available do not allow the desired event to be held - the Service Provider's obligations are limited to provision of the premises.
3.5.5. The Client acknowledges that the Law of 30.04.1951 on commercial leases and the law on rental leases are not applicable in this case, the will of the Parties being exclusively to authorize the Client, on a temporary and precarious basis, to carry out public relations operations on his behalf and at his/her own risk, It falls to the Client to return the elements made available (premises, equipment, furniture) in perfect condition.
3.5.6. The provision is made intuitu personae, i.e., according to the identity and personality of the Client. It therefore follows that the rights and obligations arising from the contractual relationship between Client and Service Provider are non-transferable, save expressly agreed otherwise, in writing, by the Service Provider. Access to the use of furniture and equipment within the limits set by these GTCs is, consequently, limited to the Client and to the Client’s Members and Guests, without the Client being able to make available or transfer its rights to Third Parties.
It is expressly agreed between the Parties that the intuitu personae character and this prohibition on making available to third parties for private purposes, or in order to carry out their own public relations operations, constitute a fundamental element of the Agreement, violation of which will entail application of Article 13 of the GTCs.
3.5.7. In the event that the Client should decide to engage any alternative Service Providers or Subcontractors of any description, he/she/it shall inform the latter regarding all obligations contained in the GTCs and require respect thereof.
Similarly, in case of engaging the services of one or another alternative Caterer or of one or another alternative Service Provider, the undertakes to make use only of the services of a Caterer or of a Service Provider approved by the contractual Service Provider. The Client should here understand that any such approval is of a precarious nature and that it may, at any time, be withdrawn by the contractual Service Provider from the alternative Caterer or Service Provider. It therefore follows that the Client may be presented by that Caterer, or indeed by that Service Provider, with a resolutory condition only, i.e., the withdrawal of the approval. In the event of a withdrawal of approval occurring between the signing of the Contract and the organization of the Client's Event, the Service Provider will offer the Client the choice of an alternative Service Provider in the field concerned, chosen from the list of approved Service Providers.
3.6. Organization of events
The Service Provider organizes the Event on behalf of the Client and/or for the Client’s Guests, as defined in the Offer. The services provided in this context may include, but are not limited to, a first run or event, a guided tour and the provision of premises. At the Client's request, the Service Provider may also provide the Client with third-party services on the Circuit.
All services provided by the Service Provider during the event are expressly subject to the GTCs, including the specific clauses applicable thereto.
The Service Provider gives the Client access to the Circuit for two laps of the track in a row, in "single file", at a limited speed of a maximum of 80 km/h. Both laps can be run using the means of transport chosen by the Client, taking into account the noise limit of 95 Db, after prior approval by the Tour. Any means of transport not previously approved by the Tour may not be used by the Client and, if deemed appropriate, will result in cancellation of the service at the Client's expense.
Both laps are completed behind the pacemaker car on the Circuit track.
The service is available only to Drivers who are at least 18 years old and hold a type B driving licence or equivalent for foreign countries.
3.8 Cycl’on Track
The Service Provider gives the Client access to the Circuit track as a cyclist.
All access conditions can be found on the Cycl'on Track page of the official Circuit de Spa-Francorchamps website.
3.9 Public Driving Experience
The Service Provider gives the Client access the Circuit track as a driver of his own vehicle or of a vehicle rented by him.
Only persons with a valid driving license may drive on the track. Passengers must be at least 16 years of age. All access conditions can be found on the Public Driving Experience page of the official Circuit de Spa-Francorchamps website.
4.1. The prices are stated in the Offer, or in any other document binding the Client to the Service Provider. Unless expressly stated otherwise, the prices shown do not include VAT. They may be deducted at a later date, reflecting any other additional services.
Prices in foreign currencies are provided for information purposes only. The price in euros is authoritative. The price in foreign currency may vary according to the conversion rate applied by the financial institutions on the day of order. No claims will be accepted as a result of such fluctuation. All costs related to a transaction in a foreign currency are the responsibility of the Client.
Promotional codes and other discounts are valid for the advertised period only; they are subject to compliance with the stipulated conditions. They may not be combined.
Prices are not guaranteed in cases of force majeure that may result in unforeseeable additional costs. Likewise, it is expressly agreed that, in the event of an increase in the cost of the supplies required for the project, or in the event of an increase in taxes and other sums charged to the Service Provider, the price may be increased accordingly, and this requiring production of supporting evidence, subject to a maximum of 80% of the price initially agreed.
Prices are, furthermore, not guaranteed in the event of implementation problems that may be ascribed to the Client (such as failure to produce the necessary information).
4.2. Any change to the booking after the Client has signed the Offer will result in a revision of the price initially agreed. In the event that these modifications make it impossible to perform the services on the date and at the time as initially laid down in the Offer, the Service Provider may object to the changes.
4.3. The price of the services ordered from the Service Provider is paid according to the following terms: payment of the price 30 days before the performance of the service by bank transfer to IBAN account BE80 0910 1925 9377 (BIC: GKCCEBB).
In the event of the provision of premises, the price is paid according to the following conditions: payment of a deposit of 50% of the price at the signing of the Offer and payment of the balance 15 (fifteen) days before the date of provision by bank transfer to IBAN account IBAN BE80 0910 1925 9377 (BIC: GKCCEBB).
The services will not be delivered if the price is not paid.
4.4. The Service Provider's invoices are, therefore, payable in cash, without discount, unless expressly agreed otherwise, in writing, to the bank account mentioned on the invoice or at the place of operation. Payment of all or part of the invoiced amount constitutes an acceptance of the invoice. Any dispute with the Service Provider's invoices must be sent to the Service Provider, in detail, within eight calendar days of their receipt by the Client, by registered mail with acknowledgement of receipt sent to the Company's Registered Office at the same time as an e-mail to the following address:: …...
4.5. Any delay or non-payment, in whole or in part, of an invoice on its due date will result in application of Article 16 of the GTCs.
4.6. In the event of non-payment of the invoice in full by the final due date, the amount due shall be increased, after service of formal notice by registered mail, by default interest at the key rate referred to in Article 5, paragraph 2, of the Law of 02.08.2002 on the fight against late payment in commercial transactions, increased by 8 percentage points, until the date of full payment, plus a lump sum indemnity calculated as follows: 20 euros if the remaining due amount is less than or equal to € 150.00, 30 euros, increased by 10% of the due amount on the portion between €15.01 and €500.00 if the outstanding amount is between €150.01 and €500.00, €65, increased by 5% of the amount due on the portion above €500.00, subject to a maximum of €2 000.00 if the amount due is greater than €500.00.
5.1In case of cancellation or postponement of the service on the initiative of the Service Provider, the Client may request either a refund of price or a gift voucher. No refunds will be made for gift vouchers. Cancellation or postponement will be communicated either via the Site or by the Service Provider. This Article does not apply where the Client is unable to attend the event because he does not comply with the necessary conditions of access.
5.2. Without prejudice to Article 5.3, no refund or compensation of any kind or description may be made when the Client wishes to cancel his order.
5.3. For all services related to leisure activities ordered by the Client for a specific date or period of performance, the Client who places an order online on the Site does not have the right of withdrawal provided for in Article VI. 47 of the Code of Economic Law, in accordance with Article VI. 53, 12° of the Code of Economic Law, which prevents the exercise of this right for service contracts related to leisure activities if the contract provides for a specific date or period of execution.
For orders placed for activities not referred to in Article VI.53, 12° of the Code of Civil Procedure, the Client who places an order online on the Site has a limitation period of 14 (fourteen) days to withdraw from the Contract, without having to justify his decision and without incurring any costs other than, where applicable, those of delivery to return the ticket to the Registered Office of the Service Provider. The period of 14 (fourteen) days begins to run from the date of placing the order on the Site.
In order to exercise his/her/its right of withdrawal, the Client must inform the Service Provider, in writing, with an acknowledgement of receipt, regarding his/her/its decision before the expiry of the 14 (fourteen) day period, by one of the following means:
The Client exercising such right of withdrawal must, if applicable, return the ticket to the Service Provider not later than 14 (fourteen) days following communication of the decision to withdraw from the Contract. The Client bears the direct costs incurred by the return of the ticket, as well as the risks associated with this return. If the Client uses the ticket before expiry of the 14 (fourteen) day period, the Client waives the right of withdrawal. The returned ticket must be accompanied by the invoice and the delivery note. Any return where the sender cannot be identified will be refused.
Refund of the Order takes place within 14 (fourteen) days following the day on which the Service Provider receives the Client's decision to withdraw or, where applicable, the returned ticket, using the same means of payment as that used for the initial transaction, and provided that all return procedures have been strictly respected. The amount refunded will, in any case, be limited to the sums actually paid by the Client. The Service Provider does not refund any additional costs related to the choice of a delivery method other than the less expensive standard delivery method that it offers.
6.1. Obligations applicable to all offered products and/or services
6.1.1. The Client and any Participants and/or Guests for whom the Client remains fully responsible undertake to:
- comply with the Rules of the Circuit, the directions of the Service Provider's employees, the safety instructions and the Highway Code on the internal roads of the Circuit;
- be adequately equipped;
- show up no later than the scheduled time or time slot;
- exercise all due care and attention in their use of the property, equipment and premises made available;
- respect the environment and nature, maintain cleanliness and dispose of waste only at the collection points provided. Any contrary behaviour may be sanctioned and may constitute grounds for exclusion.
They are prohibited from accessing the track, the Race Control, or any other place without express authorization from the Service Provider or from an employee of the Service Provider.
6.1.2. Participants and/or Guests who are minors are the sole responsibility of the Client and of their parents or legal guardians and must be accompanied by an adult throughout the Tour.
6.1.3. The services will be provided by the Service Provider only if the Client has complied with its obligations towards the Service Provider, including payment of the price and respect of the obligations referred to in Article 4 of the GTCs. Failure to do so may result in the Service Provider refusing access to the Circuit.
6.1.4. Any purchase on a professional basis, in particular with a view to resale, is prohibited without express prior consent from the Service Provider.
6.1.5. Access to the Circuit is allowed only upon presentation of a valid ticket. Such access is prohibited and/or may be refused, at the sole discretion of the Service Provider (or the entities to which the management of the Infrastructure has been entrusted) in the following cases, without this list being exhaustive: if the ticket holder is under the influence of alcohol and/or drugs, behaves in a manner clearly intended to disturb public order or the proper conduct of the Activity, or to provoke by inciting violence, hatred, anger, etc., has previously been refused access for a similar reason, or does not comply with the legal rules in force. In addition, in order to access the Site and benefit from the services, the ticket holder must agree to comply with any checks or inspections at the entrance and comply with the applicable legal rules in force on the day of the service, including for minors (e.g., Covid Safe Ticket or other, in good standing on the day of the event). Failure to do so will result in access to the Site being denied. It is the ticket holder’s own responsibility to obtain information about the measures in force on the day of the service, to the entire release of the Service Provider.
In the cases referred to above, no refund, restitution, indemnity or compensation whatsoever may be claimed from the Service Provider.
The conditions of access are subject to change. Before each Order, and before the actual date of the service, the Client is required to check on the Site the precise dates, the conditions of access, etc., and to ensure that the service is not subject to any cancellation or special restrictions.
6.2. Provision of premises
6.2.1. The Client undertakes to exercise all due care and attention in his/her/its use of the property, equipment and premises made available. The Client undertakes not to make any changes to the use, allocation and location of the premises, infrastructure and spaces use of which is granted to the Client on a temporary basis, except with the prior written consent of the Service Provider.
6.2.2. The Client may use the property, equipment and premises made available only as specified in the Service Provider's Offer, to the exclusion of any other and exclusively within the limits set in the GTCs.
6.2.3. An inventory of fixtures and fittings of the premises and furniture made available will be drawn up by both Parties before they are taken into use. Any damage or defect must be reported to the Service Provider at the time of drawing up the inventory of fixtures on arrival. The premises made available will otherwise be presumed to be in perfect condition, with no recourse possible for the Client.
A report will be produced by both Parties at the end of the provision; this must coincide with the vacating of the premises, in order, ultimately, to draw up the inventory of fixtures and, if necessary, to determine any repairs to be carried out at the expense of the Client.
The Client's signature of this bilateral report implies agreement as to nomenclature and cost of the repairs to be carried out, provided always that the estimates are established on the basis of market prices.
In case of refusal to sign by the Client, the more diligent Party will engage the services of a Bailiff, whose report will be enforceable against the other Party, and the cost of which report will be borne by the Client.
The bilateral report or the Bailiff's report and the estimate must be sent to the Client within 5 working days of the return of the installations.
If the Service Provider so prefers, the works may also be the subject of an evaluation consisting of the supply of equipment and personnel by the Service Provider.
The execution of these works, either by the Service Provider, or by the trades that the Service Provider will use, will be re-invoiced to the Client, who will bear the cost.
6.2.4. Use of the facilities by the Client must be carried out in absolute compliance with the operating conditions imposed by the federal, regional and municipal authorities.
6.2.5. If the Client should decide to use one or another alternative Service Provider, Caterer or Project Coordinator and, in general, any Subcontractor of whatever description, it undertakes to inform these latter regarding all obligations contained in the GTCs and to require their compliance therewith.
In the event of recourse to the services of one or another alternative Caterer or Service Provider, In general of any description, the Client undertakes to engage only the services of any such Caterer or Service Provider approved by the Service Provider. Such is also the case regarding the use of a Service Provider who coordinates EVENT, decoration and layout of the premises, who is required either to carry out or to make arrangement for provision of the services on the Service Provider's premises.
The Client is informed that this approval is of a precarious nature and that, given such circumstances, it may at any time be withdrawn by the Service Provider from the alternative Caterer or Service Provider. Consequently, the Client declares that he/she/it is informed that the Contract he/she concludes with the Caterer must include a resolutory condition implying a termination of the contract in the event of withdrawal of approval by the Service Provider. The Client otherwise bears sole liability, to the exclusion of any liability on the part of the Service Provider, in respect of any damage sustained, either directly or indirectly, by the Caterer or the Service Provider through withdrawal of approval.
In the event of withdrawal of approval occurring between the signature of the Offer and the date of availability, the Service Provider will offer the Client the choice of a new Service Provider, in the field concerned, from the list of approved Service Providers.
The Client undertakes to comply with the rules applicable during provision of the service, namely: prohibition of overtaking other Participants using the track, prohibition of creating artificial gaps between Participants to accelerate inappropriately, respect of the pace of the safety car in a fluid manner, prohibition of zigzagging, prohibition of driving in a dangerous and/or inappropriate manner.
In case of use of a motor vehicle, the Client will make certain to have at disposal the fuel necessary to complete the two laps of the track, the total distance of which is +/- 14 km.
The Client further undertakes to comply with all instructions given by the Service Provider's Employees during provision of the service.
In case of non-compliance with rules or instructions given by the Service Provider's Employees, the Service Provider reserves the right to halt the activity, this at the Client's expense.
If the Service Provider has to intervene on the track due to a mechanical problem and/or an accident, all additional costs necessary to cover any damage to the track and the additional services performed must be paid by the Client immediately and on site.
7.1. Provision of premises
7.1.1. The Client is solely responsible, to the exclusion of any liability on the part of the Service Provider, for the organization and conduct of the event for which the provision is agreed. He/she assumes all risks and dangers, as well as any damage caused either directly or indirectly to his/her own person or property, to the person or property of his/her Guests and to any Third Party generally of any description, and to the movable and immovable infrastructure of the Service Provider or of which the latter has the use, which may originate, either directly or indirectly, from the organization or conduct of his/her Event.
Consequently, the Service Provider may not be held responsible directly or indirectly, in any way and for any reason, for circumstances or for damages originating, either directly or indirectly, in the organization or conducting of the Event for which the provision is granted.
7.1.2. The Client is solely responsible, to the exclusion of any liability on the part of the Service Provider, for any direct or indirect damage resulting from any failure to perform its obligations on the part of the Client or of its Agents or Employees.
7.1.3. The Service Provider has entered into an insurance contract to cover the risk of fire exclusively to the buildings and contents owned by the Service Provider, without surrendering any action against the Client; the latter must therefore make arrangement for the necessary insurance to cover his/her/its own liability.
The fire and related risks insurance policy subscribed by the Service Provider does not cover property belonging to the Client; in the event of damage caused to the same, the Client waives all action against the Service Provider.
7.1.4. All premises are provided for the Client under his/her/its full and sole responsibility, be it on the occasion of events warranting occupation, or during periods necessary to set up and vacate the premises and clear the premises made available. Thus, and by way of example, the unfortunate consequences of a theft committed during these periods shall be borne by the Client and by no other person.
7.1.5. Under no circumstances may the Service Provider be held liable, for any reason whatsoever, for objects and goods, being the property of the Client, that the Client has left behind on these premises.
7.1.6. The Client undertakes to purchase any insurance contracts intended to cover both civil and contractual liability, and to produce them on first request of the Service Provider.
8.1. Any person accessing the Circuit and engaged in the services provided by the Service Provider must be aware of the possible occurrence of damage (such as hearing damage, physical or eye disorders) and declares that he or she alone assumes all risks related to such participation in the services. It thus follows that the Service Provider is released from all liability, including, but not limited to, any liability related to negligence that may result in death, disability, injury, physical harm, theft or action of any kind that may be sustained by any person accessing the Tour and involved in the services provided by the Circuit.
8.2. The Service Provider declines all liability in the event of direct or indirect damage and/or disadvantage (operating loss, loss of profit, loss of opportunity, etc.) resulting, in particular, from any problem with the delivery of the product and/or the service ordered (due to “force majeure”, restrictions imposed by the relevant authorities, refusal to import/export, etc.), and damage during performance of the service, except in cases of fraud or gross negligence on the part of the Employees or on the part of his Agents. In the event of physical injury (including death), the Service Provider may be held liable only if the damage results from any action or from failure to act, on its part, constituting fraud or gross negligence.
8.3. The Service Provider undertakes to provide the services in accordance with the booking whilst also availing itself of the possibility of tailoring certain services should the performance of the service appear to so require. No such modification of the services may warrant any claim for compensation of any description whatsoever, nor to cancellation of the reservation on the part of the Client.
8.4. The products put up for sale on the Site or marketed direct by the Service Provider are accompanied by a descriptive text edited by the Service Provider; they may be illustrated by photographs that have some illustrative value without thereby being in any way contractual. The Service Provider may not be held responsible for any errors or inaccuracies that may appear in the texts and photographs used in the description of the products.
The Client uses the Site in awareness of the risks involved. The Service Provider provides the Website as-is, with all imperfections and according to availability. The Client acknowledges and accepts that the computer and telecommunications systems are not free of defects and that the services provided may sometimes be interrupted.
The Client bears sole responsibility for the information that he/she/it transmits via the Site and for any follow-up booked thereon. The Service Provider assumes no responsibility for the information provided by the Client when creating an account, nor for any other information encoded via the Site by the Client.
The Service Provider declines all responsibility in the event of loss and/or disclosure to any third party of any information communicated by the Client via the Site.
The Service Provider cannot guarantee that the transmission of data via the Websites or other telecommunication systems will not be monitored, recorded or distorted by third parties. In addition, the Service Provider may not be held liable regarding the content of third-party websites to which it establishes a hyperlink, in particular regarding the protection of privacy.
8.5. Baptism of the Track
The Service Provider reserves the right to refuse access to the Circuit to the Client and/or Participants who arrive late (after the scheduled time or time slot), even if they happen to be in possession of a valid ticket.
8.6. Guided visits
The Service Provider reserves the right to refuse access to the Circuit to the Client and/or Participants who arrive late (after the scheduled time or time slot), even if they happen to be in possession of a valid ticket.
The Service Provider declines all responsibility in the event of inaccessibility of any place listed on the Presentation Brochure due to the constraints of organizing an Event on the Circuit Site.
8.7. Public Driving Experience
The Service Provider reserves the right to refuse access to the Circuit to the Client and/or Participants who arrive late (after the scheduled time or time slot), even if they happen to be in possession of a valid ticket.
8.8. Business Club
The Circuit is not responsible for the ticketing for the Event for which the service is offered.
8.9.A The Service Provider's liability may not extend beyond the mandatory legal provisions laid down by law (Book VI. Market Practices and Consumer Protection of the Code of Economic Law).
8.9.B Whatever the circumstances, the Service Provider's liability is limited to the sums paid for the Order that generated the claim to the Service Provider's liability.
9.1. If need be, the tickets are sent to the Client electronically (either by e-mail or via a posting on the client account created on the Websites), not later than the week prior to the service.
9.2. Delivery times are given for information purposes only and are calculated only from the date of actual receipt of payment from the Client. Damages and reimbursement of any kind may not be paid if the delivery time is exceeded.
9.3. The Client bears sole responsibility for the delivery data provided and must provide all relevant information (including a valid e-mail address). If the data provided by the Client to the Circuit de Spa-Francorchamps is incomplete and/or inaccurate, the Service Provider cannot be held responsible for the impossibility of sending the tickets.
10.1. The Service Provider cannot be held responsible for any delay in the performance or in the event of non-performance of its obligations due to unforeseen circumstances (“force majeure”). In this case, either Party may terminate the Contract immediately, without either party being able to claim compensation from the other. The Parties may also agree to suspend temporarily the performance of the service, or to adapt the contractual conditions by mutual agreement.
10.2. The term “force majeure” is, here, taken to mean any event beyond the volition or control of humans, and neither foreseeable nor avertible, occurring after the issue of the Offer by the Service Provider, and placing the one or the other Party in the impossibility of honouring its contractual obligations. The following are therefore considered cases of “force majeure”, without this list being exhaustive: strikes, lockouts, embargoes, wars, terrorist attacks or consequences of terrorist attacks, shortages of raw materials, epidemics and pandemics (excluding COVID-19), runway lifting, defect or damage to the runway, foul weather and weather disturbances making the event impossible or unacceptably dangerous (including, but not limited to, snow, natural disasters, torrential rains, etc.), Government decisions, popular revolt, uprising or insurrection or terrorist threat (on or in the vicinity of the Site), and days of national mourning.
11.1. By accessing Circuit and participating in the services performed by the Service Provider, the Client and all Participants for whom the latter is responsible automatically give their consent to be photographed or to be filmed and, hereby, authorize the Service Provider to use, publish, exploit and/or disseminate the digital images including their personal image.
11.2. The Service Provider may use these digital images, linking them to its activities, in any form and all tangible and intangible media, known and unknown to date, throughout the world, without limitation of time, for commercial or non-commercial purposes, in whole or in extracts. The Service Provider's Commercial and/or Media Partners will likewise be able to use these digital images, this with the same acceptance as for the Service Provider.
11.3. These digital images may be used, for prevention and for security purposes, by the authorities and law enforcement agencies, in accordance with the Law of 21 March 2018 amending the law on the police function, with a view to regulating the use of cameras by the police services, and amending the law of 21 March 2007 regulating the installation and use of surveillance cameras.
Images filmed by visitors on the Circuit site may, however, not be used for commercial or public purposes without prior written consent from the Service Provider and/or from the Event Organizer if that is not in fact the Service Provider.
12.1. All intellectual property rights of the Service Provider, including any copyright material or other content that is or may be subject to intellectual property rights (including, but not limited to, any copyright, registered or unregistered design, trademark, patent or patent application, confidential information including trade secrecy and know-how) under applicable laws and any works derived from the foregoing, are the property of the Service Provider and/or relate to a licence granted to the Service Provider (hereinafter referred to as "Intellectual Property Rights").
12.2. The Client shall contest neither the validity nor the ownership of the aforementioned Intellectual Property Rights.
12.3. The Client shall refrain from the unauthorized use and registration of any identical or similar element relating to the Service Provider's Intellectual Property Rights, including, more particularly, any logos, trademarks, designs or names, and shall not in any way interfere with the use or registration of any Intellectual Property Rights by the Circuit, nor seek to prohibit the use or registration of such Intellectual Property Right(s).
12.4. The Client may neither obtain nor claim any right, title or interest in the Property Provider's property with the exception, where applicable, of the rights of use necessary for the holding of its Event.
12.5. The Client must notify the Service Provider regarding any actual, suspected or potential infringement of the Circuit's Intellectual Property Rights, whether direct or indirect, related to the organization of the Event, and/or any claim by a Third Party.
13.1. Violation by the Client of any of the provisions of the present GTCs will give the Service Provider the right to terminate the Agreement on the sole culpability of the Client, by due operation of law, without service of prior formal notice, and this to the exclusion of any prior review by the competent courts pursuant to Article 18 of the GTCs.
The following are here considered violation of the provisions of the GTCs, without this list being exhaustive: non-payment of the price on its due date, serious or repeated damage caused by the Client, or by one of its Agentss or by one of its Guests, to Customers, to a member of Staff, or to the correct functioning of the Service Provider's facilities; likewise, bankruptcy of the Client and/or the filing of a motion for judicial reorganization by the Client.
13.2. Resolution is notified to the Client by the Service Provider by registered letter or by e-mail, with acknowledgement of receipt. It states the default for which the Client stands accused. The resolution shall take effect within 3 (three) days from the date of sending the registered letter or upon receipt of the e-mail.
13.3. In case of a resolution at the sole fault of the Client, the Service Provider is within rights to:
14.1. Unless otherwise expressly agreed beforehand, advertising on the Circuit website may not be removed or covered over.
14.2. The Client promises to refrain from advertising for his/her or its benefit or on behalf of third parties within the Circuit. He/she or it is within rights to highlight brand and signs of recognition in the spaces to be accorded.
15.1. The Client sends the data necessary for the processing of the request presented to the Service Provider. The Client, in order to have access to the services ordered from the Service Provider, shall therefore freely communicate to the Service Provider the necessary and minimum data in this context (identity, telephone number, address, e-mail, identities of Participants, etc.). The Client, therefore, does expressly accept that the processing of his/her or, as the case may be, of its, data is necessary for the due and correct performance of the Contract concluded directly between him/her/it and the Service Provider.
15.2. In the context of the processing of the Client's personal data, the Service Provider points out that this is confidential and will be used only in the context of execution of the contract and the consequences thereof. Personal data is processed in accordance with the relevant Belgian and European legislation currently in force, including the Law of 30 July 2018 on the Protection of Natural Persons with regard to the Processing of Personal Data and European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and with that regarding the free circulation of such data.
15.3. The Client declares that all information provided by him/her/it is correct and accurate. The Client further gives to understand that it has legal capacity to enter into contracts, and that the Participants are over 18 years of age, having legal capacity to enter into contracts.
The non-applicability of any one or another clause of the present General Conditions of Sale shall in no way detract from the validity ff any of the other clauses therein contained. Should such prove to be the case, the Parties agree to negotiate in good faith the conclusion of a new clause to replace and pursue the same objective as the invalid clause and will, as far as possible, deliver equivalent effect, so as to restore the contractual balance.
Surrender or waiver of any right accorded under the present GTCs must be expressly set out, in writing, by the Party surrendering or waiving any such right. In a more particular way, neither Party may adduce any tacit or verbal surrender or waiver by the other Party of any right arising from the present General Terms and Conditions.
18.1. Relations between the Parties are governed by Belgian Law.
18.2. The Courts serving the legal district of the Service Provider's Registered Office (Liège Company Court, Verviers Division, Liège Court of First Instance, Verviers Division and Verviers Justice of the Peace) or those of the Client's service address at the Service Provider's choice are competent to hear any dispute relating to the Contract. The Parties undertake to give best endeavour to settle any dispute amicably before taking their dispute to a court of law.