Terms of Sales « BMW DRIVING EXPERIENCE »
The activity that will benefit is elaborated by the company EVOLUTION GROUP. The documents that are associated to the products and/or present on the site, such as descriptions, data sheets or advice sheets, photographies, drawings or any other type of information, are the property of EVOLUTION GROUP.
The photographies illustrating the offers are not contractual. These Legal Terms govern our relations with the clients .
They prevail over any other stipulation.
The simple fact that the customer makes an order will be final and irrevocable consent from him on these conditions.
The fact that EVOLUTION GROUP does not prevail at a given moment of one of the present conditions cannot be interpreted as being worth renunciation to take advantage later of any of the conditions.
2.Validity of the offer
Our offers are available, subject to availability at the moment of reservation. The beneficiary of a Gift cupon disposes of the present civil year to do his driving course, from the date that this person has registered and payed herself. The benificiary of the driving course can be replaced with a written agreement from the person that has bought the service, if the replacing person can meet the conditions written in the article 5. Any activity not done by the beneficiary of the cupon will not be refunded. During the period of validity of the cupon, the driving courses can be replaced or suppressed. EVOLUTION GROUP is the only decision maker of this change and will offer a solution, always at the advantage of the guest.
The orders made by the client via www.bmw-drivingexperience.fr engage the client as soon as he will validates his order by clicking the button « validate ».
For every online order, the client will receive by mail an acknowledgment of receipt where will be written a confirmation or not of the registration of the order.
Every order implies the acceptation of the present General Conditions that the client acknowledges having read.
The data base that is accessible via the website, allows the client before the conclusion of the contract, to know exactly the essential characteristics of the service he wants to order.
4. Exercice and activity conditions
The client is informed that the activity could suffer eventual modifications because of either an other independent event that we cannot predict such as the weather , or decisions coming from competent authorities that are concerned such as security.
The client will be informed, as soon as possible, by the provider of these enventual modifications, when he will be in contact with this provider to book the activity.
The client then accepts not to engage public liability or penal, neither to make claims regarding the progress of the activity, only to contact the provider whose contact will be given after payment, and his own personal insureurs.
5. Participation in driving courses
The participants in the driving courses must be older than 18 years old and a valid driving licence for tourism vehicles.
For security reasons, people under 16 years old are not accepted on the pit-lane and in the vehicles.
For security reasons, under the influence of medication, alcoohol, or if a car does not answer the regulatory safety standards, EVOLUTION GROUP has the right to cancel the participation to the driving course or the driving session.
In that case, the people concerned can not ask to be refunded of the registration fees.
a) Mandatory Insurance
The client, regarding the nature of the activity, has to subscribe to circuit guarantees for the practiced activity.
b) Optional Insurances
To be insured in Assistance-Repatriation, Search and Rescue costs, le client has to subscribe, at his own expense, to optional insurances.
7. Price of the services
The prices that are indicated are in Euros € and inclusive of taxes (20% VAT) and by person.
The indicated prices do not include services that are not expressly included in the registration form.
Every order, regardless of the origin, need to be payed in Euros. EVOLUTION GROUP has the right to refuse to honor the order of a client who has not payed totally or even only partially a previous order and with who their would be an actual payment problem.
EVOLUTION GROUP accepts the payment methods following : -Online Payment by Credit Card / Every french credit car dis accepted as well as Eurocard/Mastercard and International Visas via a secure payment zone.
Entering the credit card number and the expiration date is made in a secured payment zone in wich the informations are crypted.
In a matter of security, at any time these bank details will be accessible by non authorized people.
The order is recognized as firm and definitive when EVOLUTION GROUP has received the totality of the registration fees.
The order can be made by contacting the BMW DRIVING EXPERIENCE commercial service.
A registration form, fully completed, must be attached to the payment or via the website used to book and pay online.
A copie of the driving licence must also be attached with the payment.
The registration involves the immediat payment of the total price.
The client can choose the payment mode within those proposed on the website : online by credit card or by check.
Is not considered as debt discharged : A credit card n° until the payment center has not given it’s agreement.
a) Credit Card : The payment is made according to the general conditions of the payment system and following the particular modalities specific to this system.
In accordance of the general conditions of use of this service, the payment will be made by the client in a secured zone and under it’s exclusive control.
In the case where the payment would be declined by the bank organism, the order would simply be canceled. The credit card numbers are never communicated. The online payment on our website is controlled by a security system. The online secured payment by credit card presents all the security guarantees following the state of the art. All the information concerning your credit card will be secured by encryption and cannot be intercepted by anyone.
The consumption code offers to the buyer a right to retract himself during a period of 14 days after the order online is made allowing him to obtain the refund or the exchange of the product.
a) Cancellation made by the client :
Any cancellation must me made by registrement letter with an acknowledgment of receipt to the following adress : EVOLUTION GROUP SAS Service BMW DRIVING EXPERIENCE 2 rue de la plèiade 94240 L’Hay les Roses
Email : firstname.lastname@example.org
Any request to report a date or to cancel is definitive and must arrive in writing (mail, letter) at least 15 working days before the beginning of the driving course or the session.
No refund will be made after the closing date of the registrations that will be fixed at 15 working days before the beginning of the operation.
Any cancelling made by the client after that date will not be refunded.
b) Cancellation made by EVOLUTION GROUP :
We could exceptionnaly be forced to cancel the program if :
- The security conditions are not good.
- In case of major force or because of unpredictable events such as the weather.
- Not enough participants after we close the registrations.
EVOLUTION GROUP has the right to report or to cancel some dates. In that case, the registration fees will be fully refunded to the participants but only the registration fees, no other benefits will be refunded. Our responsability cannot be engaged in any case. In case of report, no refund will be made.
a) Modification made by the buyer :
The modifications (according to article 11a) are possible by contacting : EVOLUTION GROUP SAS Service BMW DRIVING EXPERIENCE 2 rue de la plèiade 94240 L’Hay Les Roses Email : email@example.com .
If there is less than 15 working days before the beginning of the activity, only a change in the beneficiary wil be accepted.
b) Modification made by EVOLUTION GROUP :
We can be obliged to make a modification in the program because of circumstances that could not be attributable to us, for weather reasons, for general motivated reasons or regarding the security of the participants.
In any case, our responsability cannot be engaged.
13. The vehicles
The vehicles that will be available thanks to ALPINE CARS are insured for « dammage to vehicles » with a franchise up to two thousand five hundred euros (2500€) for the series vehicles and three thousand five hundred euros (3500€) to the trainee’s charge in case of dammage.
Dammage made on the track or to the infrastructures by the trainee will be totally at his charge. The civil responsability is covered by EVOLUTION GROUP ,being the organiser.
The medical fees are capped according to the rates accepted by social security.
Each trainee will participate to the courses at his own risks.
He renounces all rights and remedies against EVOLUTION GROUP, the Circuit of Nevers Magny-Cours or the BMW GROUP France and/or affiliated companies.
14. Driving rules
During the whole period of the driving courses and sessions, the instructors have the right to give the trainees instructions to the participants who engage themselves to follow them.
Any violation of the rules will be subject to a warning by the instructor in charge of the course. In case of serious misconduct regarding the driving rules on track, the direction of the courses will exclude immediately the participant from the course and every other activity. In that case, the person concerned cannot ask for a refund.
15. Intellectual property
All the logos, brands, drawings and modules appearing on the website www.bmw-drivingexperience.fr are the property of EVOLUTION GROUP, except for the brands and logos of our partners.
Any reproduction either partial or complete, wathever the support is, used for comercial purposes, associations or volunteer work, are forbidden without the written consent of the owners of the brands or the attached rights to these graphic representations.
16. Computing and Liberties
a) Information Collect
The personal informations collected by the differents forms are essential for your registration to be processed. Answering the mandatory questions is needed, if there is no answer the form cannot be processed.
Unless if you object, we have the right to use these informations to send you newsletters, press document and event alerts, offer you new products and services. They are destinated to EVOLUTION GROUP, the Circuit of Nevers Magny-Cours or BMW GROUP France and their subsidiairies for informative,investigation, analysis, and commercial and marketing operation purposes.
The infrmations are confidential and kept by EVOLUTION GROUP, the Circuit of Nevers Magny-Curs or BMW GROUP France.
According to the articles 38,39 and 40 of the law « Computing and Liberties » n°78-17 of the 6th of January 1978 and modified by the law n°2004-801 of the 6th of August 2004, you dispose of a right to acces and modifie the data concerning you and also have a right to oppose yourself to the use of your personal informations by contacting us either via our contact sheet or by sending a postcard to the following adress : EVOLUTION GROUP SAS Service BMW DRIVING EXPERIENCE 2 rue de la plèiade 94240 L’Hay les Roses Email : firstname.lastname@example.org.
When you visit our website, EVOLUTION GROUP may place a cookie on your computer. A cookie is a small block of data sent to your browser by a web server and stored on the hard drive of your computer. In general, it allows us to record information about the navigation of your computer on our site (the pages you have visited, the date and time of the consultation, etc.) that we can read during your further visits.You can of course oppose the registration of cookies by referring to the user manual of your browser.You can also delete cookies at any time and individually by referring to the user manual of your computer.
17. Partial invalidity
If a particular stipulation of these GSC is held invalid or declared such by a decision having authority of the res judicata of a competent jurisdiction, the other stipulations will keep all their force and their range.
18. Major Force
An event is concidered major force, as defined by the law and the french jurisprudence, an extorior event, unpredictable and irresistable, such as, but not limited to, acts or omissions of government or authorities (de jure and de facto), declared or undeclared state of war, which could occur from the date of entry into force here and would prevent a total or partial execution of the contractual obligations of one of the parties. The activity taking place outside, the weather will be considered as major force. In case of Major Force, EVOLUTION GROUP will not be held for responsible.
- Applicable Law : Litigations from the use of this website will be judged under Creteil’s Court of Law. The General Sales Conditions are made under the French Law.
20. Image Rights
When participating to a day with BMW DRIVING EXPERIENCE, you allow, as a courtesy, to fix and reproduce your image and also to edit and use it in website or other publicity, promotional or infomative document’s creation and exploitation.
The present authorization is granted for all known or to be known media, for the entire world and for all the exploitation period of the website www.bmw-drivingexperience.fr , https://www.bmw-drivingexperience.com , www.bmw.fr , www.bmw.com , www.driving-evolution.com every Evolution Group’s social media and BMW GROUPE France and any other publicity, promotional or information document.
I am expressly informed and I authorize the present photographie can be used for publicity, or exposed or edited in the commercial or not circuit.
You can express your refusal to the organisers when arriving on the site where the event takes place.
General Dispositions :
The fact of not claiming the application of one of the provisions of the GTCS or to acquiesce in its non-performance, permanently or temporarily, can not be interpreted as a waiver of this right.If any of the clauses of the CGV was declared void, it would be deemed unwritten but would not result in the nullity of the order and / or these Terms.
The General Sales conditions have been written in French and can be communicated, for information only, in another language.
The french version is the only opposable and efforceable version of the General Conditions of Sales.
Mediation – Contestations
The present General Sales Conditions and guarantees are exclusively governed by the french law.
In case of litigation between the client and EVOLUTION GROUP, , they will try to resolve it amicably ( the client will adress a written complaint to EVOLUTION GROUP’s Customer Relations Service).
If they cannot manage to find a solution, the client consumer within the meaning of the article L.133-4 of the consumption code, has the possibility to ask for a free mediator that is registered on the mediator list established by the Evaluation Commission and the mediation control of the consumption, in application of the article L.615-1 of the consumption code :
"If the client lives in the European Union, he also has the right, concerning the complaints about an online purchase, to use the online settlement plateforme for litigation in case of a service provided by a European Union company, made available to all the european citizens by the european Comission, by clicking on this link http://ec.europa.eu/consumers/odr"