Our terms and conditions
General Terms and Conditions of INMAX BV, trading under the name of CarChallenge, located in Huizen, Ijsbaankade 131 1271 GC in The Netherlands. Registered with the Chamber of Commerce in Gooi en Eemland under number 32079734. Hereinafter referred to as CarChallenge.
Article 1. Definitions
CarChallenge: CarChallenge, as defined in the heading.
Client: the legal person who has made CarChallenge a request, or has commissioned an assignment to perform work.
Work: the work agreed on by the Client and CarChallenge to be performed by CarChallenge
Article 2. General terms
2.1. Terms mentioned below are applicable to all agreements to be concluded with CarChallenge.
2.2. Stipulations varying from these conditions are exclusively binding when confirmed in writing by the management of CarChallenge.
2.3. The nullity of any clause does not bar the validity and application of any other clause.
2.4. Possible general terms and conditions of the Client are only accepted if confirmed specifically in writing by CarChallenge. In the event that these conditions differ from those of the Client, the General Terms and Conditions of CarChallenge will prevail.
Article 3. Booking/ Formation of the agreement:
3.1. The Client informs CarChallenge orally or in writing that he wants to make a booking, and agrees to the General Terms and Conditions.
3.2. From that moment, CarChallenge sets to work with the booking and there will be extra charges for alterations.(See Article 6).
3.3. When CarChallenge subsequently sends the confirmation of the assignment, the Client signs it and returns it within the fixed term, the agreement is concluded.
3.4. If the confirmation of the assignment is not sent back within the fixed term, CarChallenge cannot guarantee the availability of that which is specified in the agreement.
3.5. The person who concludes the agreement on behalf of, or in favour of a group of individuals, is jointly and severally liable for all obligations arising from this agreement.
3.6. CarChallenge will execute every agreement to the best of its ability, and is entitled to engage third parties in the execution of an agreement.
Article 4. Payment:
4.1. CarChallenge will send the Client an invoice after the assignment has been confirmed.
4.2. Unless otherwise agreed upon in writing, the total invoice amount must be paid to CarChallenge no later than six weeks prior to the event.
4.3. The Client who does not pay within the fixed term, is in default by operation of law without requiring further notice of default from CarChallenge. CarChallenge is entitled to terminate the agreement, or claim full specific performance with additional compensation for all costs already incurred in context of the agreement, and additional costs for a bailiff/ collection agency or possible legal costs arising from this.
4.4. The Client who does not pay within the fixed term, is obliged to pay CarChallenge statutory interest over the amount of the agreement including costs, commencing on the day of default, where part of the month is seen as a whole month.
4.5. In order to meet its statutory obligation to provide a guarantee, CarChallenge makes use of the
guarantee scheme provided by VZR Garant. You can check that this is the
case by visiting VZR Garant’s website and verifying that the organisation is listed as a participant. VZR
Garant’s guarantee applies within the limits of its Guarantee Scheme (which can be found on VZR
Garant’s website). The Guarantee Scheme specifies the exact (travel) offering to which VZR Garant’s
guarantee applies and what the guarantee entails. If services are not provided due to the financial
insolvency of CarChallenge, you can contact VZR Garant, which has its offices at Torenallee 20,
5617 BC Eindhoven, Netherlands, by sending an email to [email protected] or calling +31 (0)85 13
Article 5. Costs/ Price
5.1. The price indicated by CarChallenge includes all matters described in the activity.
5.2. Unless otherwise agreed upon, the indicated costs/ price do not include:
a. transport from and to the starting location(s) of the participants;
b. insurance costs;
c. costs for extra food and drinks and extra used materials;
d. all car costs.
5.3. The costs mentioned under 5.2 c. are settled by the Client on the day of the activity/ activities with the supplier(s) concerned, unless otherwise agreed upon.
5.4. If the costs mentioned under 5.2 c. are not settled with the supplier(s) on the day itself, then there will be a retrospective settlement based on actual costs. 25% plus VAT, will be charged over the total amount for administrative expenses.
5.5. The published prices are based on the prices and conditions known when the programme was composed. CarChallenge reserves all rights to adjust the price prior to a final booking, if there is reason to do so because of price adjustments by third parties, including the applicable VAT regulations or currency fluctuations.
Article 6. Adjustment(s) and /or cancellation by the Client
6.1. If an agreement or participation of one of the team members is cancelled, a cancellation fee is charged:
– 25% of the agreed upon amount mentioned in the offer, after signing the offer;
– up to 16 weeks before the start of the challenge, 50% of the amount agreed upon in the offer;
– less than 16 weeks before the start of the challenge, 100% of the amount agreed on in the offer.
6.2. Cancellations and/ or adjustments are only processed if they are made in writing or via email, on working days during office hours. Cancellations outside these office hours are considered to have been made on the next working day.
6.3 Increase of number of participants or alterations by the Client in the arranged programme can be arranged if and as far as possible. If this includes extra costs, they will be passed on to the Client.
6.4. CarChallenge offers a cancellation insurance.
Article 7. Adjustment(s) and/or cancellation by CarChallenge
7.1. If CarChallenge, due to circumstances arising from the business operations of CarChallenge, needs to cancel or adjust the programme, CarChallenge is obliged to inform the Client as soon as possible.
7.2. If CarChallenge has to cancel a booking, CarChallenge will pay back directly the reservation amount already paid (all or part of), unless a situation of force majeure exists. CarChallenge is not obliged to pay other compensations or costs.
Article 8. Damage caused by participant(s)
8.1. If a participant in a challenge causes or constitutes such nuisance or trouble that correct execution of the challenge is severely hindered, he/ she can be excluded from (continuation of) the challenge by CarChallenge, without refunding the payment mentioned in Article 4 to the participant.
8.2. All costs arising from trouble and the exclusion of the participant are for the participant’s own account, if and as far as the result of nuisance or trouble can be attributed to him/ her. CarChallenge reserves all rights to recover damage caused by the participant from the participant or the Client.
8.3. Unless indicated otherwise, exclusion from the event takes place in accordance with the Procedure Book which the Client receives prior to the event.
Article 9. Damage to car and repatriation
9.1. The Client participates with his/ her own car. The Client is fully responsible for the use of the car. Car costs and costs related to this during the challenge are always for the Client’s own account. This is also applicable to costs due to car trouble or damage, such as costs of repatriation, missed challenge days, etc.
Article 10. Complaints
10.1. Despite the effort and care of CarChallenge, a Client might still have a complaint. This complaint should be indicated directly to the contact person/ escort of CarChallenge, so that things can be remedied to the Client’s satisfaction as much as possible.
10.2. If it is not possible to solve the complaint at the time of the challenge, then it is dealt with by CarChallenge after it is filed by the Client in writing. The complaint must be filed within 48 hours after it occurred at the CarChallenge. This in accordance with the Procedure Book.
Article 11. Publications
11.1. CarChallenge accepts no responsibility for information, photos, brochures and other information material as far as published by third parties.
11.2. Misprints and/ or obvious errors in the publications of and on behalf of CarChallenge are not binding for CarChallenge. The offers of CarChallenge in publications are free of obligation and can be withdrawn if there is reason for that.
Article 12. Limitation of liability CarChallenge
12.1. CarChallenge is not liable for obvious errors in the offers done to Clients.
12.2. CarChallenge is not liable for any damage or injury of the Client or the participants of the activity, unless it is a matter of demonstrable intent or gross negligence of CarChallenge.
12.3. CarChallenge is not liable for damage suffered by participants as a result of delays, mechanical trouble, weather conditions, natural phenomenon, strikes, illness or which situation of force majeure whatsoever.
12.4. CarChallenge is not liable for actions and influences from third parties not directly involved in the execution of the agreement; circumstances that are not the fault of CarChallenge and under the terms of the Dutch law or according to generally accepted standards cannot reasonably be attributed to CarChallenge.
12.5. As far as CarChallenge is liable in accordance with this article, this liability is limited to the amount of the assignment concerned from which the agreement originated.
Article 13. Intellectual property
13.1. All by CarChallenge issued information such as proposals, advice, agreements etc. are exclusively destined to be used by the Client. The information may not be reproduced, shown to third parties or published in any other way by the Client, without prior permission of CarChallenge.
13.2.CarChallenge reserves the right to use the knowledge gained during the execution of the activities for other purposes, as far as this does not involve passing on confidential information to third parties.
Article 14. Force majeure
14.1. In the event of force majeure, CarChallenge is entitled to postpone the execution of the assignment or cancel the agreement partially or entirely, without the Client being entitled to claim compensation, costs or interest. CarChallenge will inform the participant directly of each instance involving force majeure and attempt to offer an alternative which is satisfactory for both parties.
14.2. Force majeure includes, but is not limited to, the following situations: strikes, death, fire, transport, congestion, wilful damage, illness and, in general, all unforeseen circumstances as a result of which the execution of the agreement can no longer be required from CarChallenge.
Article 15. Applicable law
15.1. This agreement between CarChallenge and the Client is governed by Dutch law. Unless parties have agreed on solving matters between themselves or submitting the dispute to arbitration, any dispute will be settled by the competent court of The Hague, or at any rate by the competent court in the judicial district that CarChallenge has its registered office, as far as the dispute does not fall within the jurisdiction of subdistrict court.