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Terms and Conductions

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Terms and Conductions

Service
Es Capé Classic organizes guided oldtimer travels / events with provided, self driven vehicles (Porsche 356 Speedster Vintage-Replica / Porsche 550 Spyder / RSK 718
Spyder Replica ). The level of our performance is described in detail in the program or in individual offers. Changes in individual travel services that are required on completion of the travel contract and do not affect the overall style of the trip are reserved.


Minimum age
Travelers who drive an Es Capé Classic vehicle themself have to be 25 years of age at the beginning of the travel and a minimum of 5 years driving experience is required. Recognized are all EU driving licenses and other such driving licenses.


Registration / Payment

The traveler offers Es Capé Classic to conclude a  travel contract for him/herself and all passengers listed on binding along with the registration. The contract is concluded with the adoption by Es Capé Classic. By signing the contract Es Capé Classic will issue a travel confirmation to the traveler. By registration 50% of the total amount has to be paid immediately, the rest of the total amount has to be paid no later than six weeks before departure to Es Capé Classic. Informations on payment methods and security services (deposits) are handed out to the travel participant by registration. We can not accept credit and debit card payments.


Liability of the operator / External services
Es Capé Classic is liable due diligence for the correctness of the stated travel services as well as a conscientious travel settlement. Transportations with external service providers (external services: e.g. hot-air-balloon-ride) are subject to the terms of the relevant service provider. All external services are marked with a * . When canceling a trip due to majeure force Es Capé Classic is entitled to a reasonable compensation for services already rendered or services necessary to complete the journey. Es Capé Classic is liable for all damage or claims that are not based on intent or gross negligence up to the triple amount of the tour price. This is the maximum liability per passenger on a trip. Es Capé Classic is not responsible for disturbances in external services and such wich are itinerary marked as external services. A claim for damages against Es Capé Classic is therefore excluded. The traveler is required to participate if disturbances occure to avoid possible damages or to keep them at a minimum. The traveler is required to tell his/her complaint without delay to the tour guide. Should the traveler culpably display a defect he/she can not claim for reduction.


Liability of the traveler
The Traveler is making the trip at his/her own risk. The traveler will be briefed in the handling of the vehicles and is responsible for compliance with the local traffic regulations as well as all legal requirements. The traveler is liable for self-inflictid accidents and damages to other vehicles of Es Capé Classic up to the amount of the excess (1.000,- € per claim), liberty is a private liabilty to third parties. The traveler is fully liable if he/she has caused the damage on intent or gross negligence or if the damage is caused by alcohol or drug induced impared ability to drive, in  the event of an accident without evidence or improper handling of it or the Es Capé Classic vehicles.


Cancellation / Changes
Es Capé Classic recommends to place a travel-cancellation insurance. Upon cancellation up to the 90th day prior to departure a fee of 250,- € is charged. After this time 60% of the confirmed tour costs will be charged as cancellation costs. In case of cancellation 14 days prior to departure 90% of the confirmed tour costs will be charged. The traveler has the right to prove that Es Capé Classic has no or much lesser damages incurred as the required package of them. The traveler may request that a third party (substitute) occurs in the rights and obligations of the travel contract. Es Capé Classic may oppose the change of the person if there are important reasons such as e.g. minimum age. A refund for unused services is not supplied. This is particularly true for non-timely arrival to departure or early departure. In ths case, Es Capé Classic reserves the right to invoice an additional expense separately that may arise e.g. for an additional transfer.


Cancellation by the organizer
Es Capè Classic can cancel the contract without notice if the performance of the trip is disturbed by the traveler by intentional improper treatment of the Es Capé Classic vehicles or the other travel services. The excluded participants are charged with any additional costs for their return. Es Capé Classic reserves the right to the travel price with deduction of saved travel expenses. Es Capé Classic is entlitled to cancel the travel-contract up to 4 weeks to departure if the implementation of it is not reasonable and that would mean that the implementation costs exeed the economic sacrfices limit of the trip.


Security
The Es Capé Classic routes are carefully selected, hardly driven secondary roads. Short sections with higher traffic are possible. The Es Capé Classic vehicles are under regular maintenance by specialists and are in a technically impeccable condition. They correspond in all respect to the legal regulations. The tour-guide will attempt to complete the Es-Capé Classic Travel to your fullest satisfaction. The drivers attendance at the briefing on the Es Capé Classic vehicles is duty. Instructions of the tour-guide to the tour-paticipants are to be regarded as binding.


Insurance
Included in the tour-price are a car insurance, a comprenhensive insurance with a deductible of 1.000,- € and a passenger insurance. The conditions of the insurance contract can be viewed by the passenger on the spot. Not included in the tour-price are a baggage- and a tour cancellation insurance. Es Capé Classic recommends placing these insurances.


General provisions
Any claims to Es Capé Classic have to be made in writing to the residence of the organizer the latest 14 days after the end of the trip. Contractual claims for compensation barred after two years. The traveler is responsible for compliance with all of the implementations of the travel arrangements. Any disadvantages, especially the payment of cancellation costs, arising from the failure to follow these rules are to the travelers own detriment. Not included in the tour-price are fines, tickets or any other payment for legal malpractice. Oral deny are only effective if confirmed in writing. The traveler can sue Es Capé Classic only at it´s residence. In proceedings of Es Capé Classic againt the traveler the residence of the latter shall prevail. Unless the action is directed against entrepeneurs or people who have after the contract is domiciled or habitually transfered abroad, or whose domicil or habitual residence at the time the complaint is not known. In this case the headquarter of Es Capé Classic is authoritative.


Ineffectiveness of individual provisions
The invalidity of any provision of the travel-contract does not invalidate the entire travel-contract.



Es Capé Classic
Heinz Heuser
Fernblick 16
51545 Waldbroel
Germany
Mobile: +49 160 370 14 13

Mobile: +49 160 947 89 249



Estate : February 1st 2010