Porsche High Flier Grand Prix Experience 2022 - Terms and Conditions

These Terms and Conditions govern your participation in the Experience. By completing and submitting an online application form to participate in an Experience (Booking Form), you agree to be bound by the terms and conditions set out in this document (Terms) and acknowledge that you have read and understood the Terms.
The following words have the following meanings:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Booking means a booking with Porsche Cars Australia Pty Ltd ACN 004 327 048 (PCA) to participate in an Experience using the Booking Form.
Deed of Release and Indemnity means the deed poll made by you in favour of PCA, as set out at https://porscheevents.com.au/Media/2022-High-Flier-Deed-of-Release.pdf and the separate indemnity form in favour of PI Operations Pty Ltd., as set out at https://porscheevents.com.au/Media/2021_PIOP_Indemnity.pdf.
Experience means a Porsche High Flier Grand Prix Experience offered by PCA.
Fees means the fee, as notified by PCA, payable by you to PCA in respect of your participation in an Experience.
Health Condition means any impairment of your mental or physical condition, including but not limited to any of the following:
a) recent stroke;
b) surgery or illness;
c) heart or respiratory conditions, or cardiac disease;
d) neck or back pain, ailments or weakness;
e) broken bones or joint or limb ailments;
f) high blood pressure or aneurysms;
g) diabetes (on insulin therapy);
h) epilepsy;
i) prescription medication that may adversely affect my participation in the Experience; or
j) any other pre-existing medical or physical condition that prevents safe participation, including pregnancy, in an Experience.
Places are strictly limited and payment details are required to be provided with your Booking Form.
A binding contract between you and PCA for your participation in the Experience in accordance with these Terms will arise as soon as PCA has:
a) accepted your application to participate in the Experience as set out in the Booking Form by sending you written confirmation of your Booking;
b) received full payment of your Fees; and
c) received all required Deed(s) of Release and Indemnity duly executed by you (at or before the Experience).
Participation in an Experience will not be permitted if PCA has not received all required Deed(s) of Release and Indemnity duly executed by you (at or before the Experience).
You acknowledge, warrant and represent to PCA that:
1. you have read, understood, accept and agree to be bound by these Terms;
2. all details provided by you on your Booking Form are true and correct;
3. you understand all the risks involved in driving a vehicle at an Experience, including those detailed in the Deed of Release and Indemnity;
4. you have not been charged with any serious road offence, including, but not limited to, any road related death or dangerous driving charges;
5. at any and all times during the Experience, you will:
  1. be over the age of 18 and provide evidence of such at the request of PCA;
  2. have a current valid full Australian driver’s licence or a current valid overseas driver’s licence recognised in the jurisdiction in which the Experience is held;
  3. comply with all rules and directions in relation to the Experience provided by PCA or their personnel or contractors;
  4. comply with all applicable laws;
  5. not be under the influence of any alcohol, legal or illegal drugs or substances that may impact on your ability to participate in the Experience, including your ability to drive a vehicle; and
  6. not be affected by any Health Condition or will provide written certification from your physician that the Health Condition will not affect your participation in the Experience and will not be aggravated by your participation in the Experience
Due to the nature of the Experience, participation and vehicle usage is at the sole and absolute discretion of PCA. PCA may refuse to allow you to participate, suspend or ban you from participating in any part of or whole of the Experience, at any time, in its absolute discretion, including if:
a) you breach any term of these Terms;
b) a warranty or representation provided by you is, or at any time becomes, untrue or inaccurate; or
c) PCA determines, in its absolute discretion, that you are mentally or physically unfit to participate in any aspect of the Experience.
Photographs and/or videos may be taken during an Experience. By participating in an Experience, you grant PCA the right to use your name, likeness, image and/or voice (including photograph, film or other recording) in any media for an unlimited period without remuneration in relation to the Experience and/or for the purpose of promoting any of PCA’s events and/or products. This might include using them in printed and online publicity and social media.
Subject only to clause 11, PCA does not provide any warranties that the Experience (or any services in relation to the Experience) will be provided with due care and skill or that any materials or equipment provided in connection with the Experience will be fit for the purposes for which they are supplied. To the fullest extent permitted by any law, all conditions and warranties implied by law arising out of or in connection with the supply of the Experience by PCA are excluded.
PCA acknowledges that you may have certain rights under the Australian Consumer Law in respect of the Experience and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any such rights if to do so would be contrary to that law. To the extent of any inconsistency between any of those rights you may have and these Terms, those rights will prevail.
Should the Experience be cancelled, shortened, altered or interrupted, PCA will not have any liability to you in relation to any losses, damage, costs, expenses or liabilities you may suffer or incur as a result of or arising out of such cancellation, alteration or interruption, including any travel and accommodation expenses you may have incurred, unless required by law (including under the Australian Consumer Law). PCA reserves the right to cancel an Experience or combine the Experience with another session on the same date or to hold the Experience on another date. PCA will provide a refund where it cancels the Experience or where you are unable to attend the rescheduled Experience, but otherwise will have no liability to you for any failure to hold the Experience, or the rescheduled Experience.
Subject to the Australian Consumer Law and any other applicable law, PCA will not provide any refunds in respect of the Fees, where:
a) you change your mind;
b) there is a change in your personal circumstances;
c) you do not attend the Experience that is the subject of your Booking; or
d) there is inclement weather or any other unforeseen conditions during the Experience that prevent the Experience from proceeding.
If you cancel your Booking, PCA may provide you with a refund if there are special circumstances that PCA considers, in its sole and absolute discretion, warrant a refund. If you believe such special circumstances exist and you wish to cancel your Booking, you should contact PCA immediately (Cancellation Request). If you make a Cancellation Request and PCA decides, in its sole and absolute discretion, to provide you with a refund, then, subject to clause 14, if your Cancellation Request is made:
a) 90 days or more before the Experience - Porsche may refund 95% of the Fee;
b) Between 60 and 89 days before the Experience - Porsche may refund 75% of the Fee;
c) Between 31 and 59 days before the Experience - Porsche may refund 50% of the Fee;
d) Between 16 and 30 days before the Experience - Porsche may refund 25% of the Fee.
If your Cancellation Request is made between 1 and 15 days before the Experience, no refund of the Fee will be given.
It is a requirement that you are comfortably dressed in non-flammable clothing that is suitable to the weather conditions and fully covers flesh from ankles up to and including the neck. PCA recommends non-flammable clothing for all Activities. Fully enclosed flat-soled shoes are mandatory. Helmets are provided when necessary. When advised by PCA to do so, helmets must be worn by all participants.
Helmets will be required for selected activities in the Experience. PCA follows Motorsport Australia‘s guidelines in relation to helmets, recommending usage of helmets that comply with Level A of the Motorsport Australia’s helmet requirements. Please refer Schedule D - Apparel Standards of the 2022 Motorsport Australia manual found at: https://www.motorsport.org.au/docs/default-source/manual/general-requirements/2022/2022-schedule-d.pdf?sfvrsn=57612c62_6
You understand and accept that PCA may:
a) require you to submit to a random alcohol breath test; and
b) refuse to allow you to participate, suspend or ban you from participating in any part of or whole of the Experience, at any time, in its absolute discretion, including if you fail to pass an alcohol breath test.
You consent to PCA collecting, storing, handling and using your personal information to assess your Booking Form, contact you about the Experience, for the purpose of direct marketing about its products and services and any other purposes set out in PCA’s Privacy Policy. PCA may disclose your information to relevant third parties including Porsche AG (located in Germany) and its related entities, service providers, business partners and as required by law. PCA is committed to protecting your personal information and agrees to handle it in accordance with its Privacy Policy, which is available online at www.porsche.com/australia/privacy-policy/ or by phoning PCA on 1800 711 911.
In addition to any other obligation herein or in the deed of release and indemnity, if I cause or contribute to any damage to any Vehicle I understand, consent and agree that PCA has a discretion to immediately charge my credit card the lesser of the repair cost or the insurance excess shown below (provided always that PCA’s insurance claim is allowed by its insurer):
- $10,000.00 (being the excess or deductable payable under PCA’s insurance policy for Porsche High Flier Grand Prix Experience events,).
- The Customer authorises PCA to place a pre-authorisation amount equivalent to the amount of any insurance excess specified above on the Customer’s credit card (Pre-Authorisation) at the time of check-in at the Experience. If for any reason the Pre-Authorisation cannot be placed on the Customer’s credit card (e.g. because the credit card does not have the required coverage), participation in the Experience will not be permitted and the Customer will be deemed to have cancelled the booking and PCA is entitled to retain the Fee in accordance with clause 14.
Personal and/or third party property insurance is the sole responsibility of the participant. I agree my personal insurance arrangements are ultimately my responsibility and I will arrange my insurance at my expense.
Due to the current circumstances surrounding COVID -19, PCA or facility staff may conduct individual screening of participants and guests on arrival (forehead temperature check). PCA reserves the right to decline entry or participation to any participant or guest showing COVID-19 symptoms, however mild (please refer to the above list of symptoms). All guests are required to wear a facemask where social distancing is not possible or when required by the Organisers and complete a COVID Safe check-in, including registering via a QR code and displaying vaccination status to enter. Double vaccination is an entry requirement for all guests and staff in attendance.
You must not participate in an Experience if you:
- have not been double vaccinated against COVID-19;
- have COVID-19 or have had COVID-19 in the last 14 days;
- are feeling unwell, have a fever, sore throat or other cold/flue like symptoms; cough, shortness of breath, fatigue, aches and pain, headaches, runny or stuffy nose, loss of sense of smell or taste and diarrhoea; or
- in the last 14 days, have been in close contact with someone showing any of the above symptoms and/or diagnosed with COVID-19; or
- have been in a COVID-19 Exposure Site (as shown on the Victorian Government’s website available at https://www.coronavirus.vic.gov.au/case-alerts-public-exposure-sites in the last 14 days; or
- have been recommended to self-isolate or quarantine by health professionals.

These Terms are governed by the laws in force in the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

Important notice: If you are in a high-risk category due to your age group or a chronic condition (including a compromised immune system), the Federal Government’s Guidelines recommend that you avoid contact with others as one of the best defences against COVID-19. If you are in a high-risk category, PCA kindly requests that you consider if it is appropriate for you to participate in an Experience.

This event will be held in conjunction with the Victorian State Government Covid-19 rules and regulations at the time of the event, whereby QR code check in and confirmation of Covid-19 Vaccination certificate is required.