IMPORTANT INFORMATION
The following information is required to be disclosed under NSW Fair Trading Legislation to all participants based in New South Wales.
Do you need to sign a Release and Indemnity to participate in the Experience?
Yes, participation in an Experience will not be permitted unless you sign a Release and Indemnity at or before the Experience. A copy of the Release and Indemnity is available at (https://porscheevents.com.au/Media/2024 Porsche Track Experience Release and Indemnity.pdf). For further information see clause 6 of these Terms and Conditions.
Is PCA entitled to use your personal information or image?
Yes, by participating in an Experience, you grant PCA the right to use your name, likeness, image and voice in any media for an unlimited period without remuneration in relation to the Experience or for the purpose of promoting any of the PCA’s events or products. For further information see clause 9 of these Terms and Conditions.
Is our liability excluded or limited?
Yes. Should the Experience be cancelled, shortened, altered or interrupted PCA, will not have any liability to you 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. For more information see clause 12 of these Terms and Conditions.
Are you entitled to a refund in respect of the Fees or replacement in respect of a Voucher?
Subject to the Australian Consumer Law and any other applicable law, PCA will not provide any refunds in respect of the Fees, or replacement in respect of a Voucher, 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 and make a Cancellation Request, a refund (or if you are holding a voucher, a new Booking) will be considered by PCA on a case-by-case basis. If your Cancellation Request is made less than [14] days before the Experience, no refund of the Fee will be given.
For more information see clauses 13 to16 of these Terms and Conditions.
Is your personal information disclosed to third parties?
Yes, your personal information is disclosed to third party service providers who assist us in providing the services under these Terms and Conditions, including Dr. Ing. h.c. F. Porsche AG and its related entities, service providers and business partners. Your personal information may also be disclosed where required by law or shared with other entities within the Porsche corporate group (which may be located overseas). For more information see clause 20 of these 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 request with Porsche Cars Australia Pty Ltd ACN 004 327 048 (PCA) to participate in an Experience using the Booking Form.
Experience means a Porsche Track Experience, including the Precision, Precision Plus, Performance, Master and GT3 Cup experiences, 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 activity; or
j) any other pre-existing medical or physical condition that prevents safe participation, including pregnancy, in an Experience.
Release and Indemnity means the document made by you in favour of PCA, as set out at (https://porscheevents.com.au/Media/2024 Porsche Track Experience Release and Indemnity.pdf).
Voucher means a gift voucher issued by PCA in respect of an Experience.
- The organiser of the Experience is PCA.
- Places are strictly limited and payment details or Voucher 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 or your Voucher; and
c) received all required Release and Indemnity(s) duly executed by you (at or before the Experience).
- Participation in an Experience will not be permitted if PCA has not received all required Release and Indemnity(s) duly executed by you (at or before the Experience).
- You acknowledge, warrant and represent to PCA that:
a) you have read, understood, accept and agree to be bound by these Terms and, for events held at the RACQ Mobility Centre of Excellence the RACQ Code of Conduct (https://porscheevents.com.au/Media/RACQ_CoC.pdf);
b) all details provided by you on your Booking Form are true and correct;
c) you have sufficient experience in driving vehicles, including driving at high speeds, and you understand all the risks involved in driving a vehicle at an Experience, including those detailed in the Release and Indemnity;
d) you have not been charged with any serious road offence, including, but not limited to, any road related death or dangerous driving charges;
e) at any and all times during the Experience, you will:
i. be over the age of 18 and provide evidence of such at the request of PCA;
ii. have a current valid full Australian driver’s licence (or a valid provisional licence for the Precision, Precision Plus or Performance Experiences only) or a current valid overseas driver’s licence recognised in the jurisdiction in which the Experience is held;
iii. comply with all rules and directions in relation to the Experience provided by PCA or their personnel;
iv. comply with all applicable laws;
v. 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
vi. 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 Experiences, 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 (acting reasonably) 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 the 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. 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 of any Fees paid by you 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, or replacement in respect of a Voucher, 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 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 (acting reasonably) to provide you with a refund, then, subject to clause 16, if your Cancellation Request is made:
a) 90 days or more before the Experience - Porsche will refund 95% of the Fee;
b) Between 60 and 89 days before the Experience - Porsche will refund 75% of the Fee;
c) Between 31 and 59 days before the Experience - Porsche will refund 50% of the Fee;
d) Between 16 and 30 days before the Experience - Porsche will refund 25% of the Fee.
Any request received from a person holding a Voucher that has not expired will be considered on a case-by-case basis and they may be offered a new Booking.
- Where your Booking was made using a Voucher, any refund given by PCA under clause 14 will be made by way of issue of a new voucher in an amount equal to that refund on the same terms and conditions as the original Voucher (Replacement Voucher). In the event that you wish to re-book to participate in the Experience, if the value of the Replacement Voucher is not sufficient to cover the Fees for the Experience, you will be required to pay to PCA the difference between the Fees and the value of the Replacement Voucher.
- If your Cancellation Request is made less than [14] days before the Experience, no refund of the Fee will be given.
- If you are booking Precision Plus, Performance, Master or GT3 Cup Experiences, you must have first successfully completed the relevant prerequisites for the Experience, namely:
a) for Precision Plus, you must first complete Precision;
b) for Performance, you must first complete Precision Plus;
c) for Master GT4 RS, you must first complete Performance;
d) for Master GT3 RS, you must first complete Performance; and
e) for GT3 Cup, you must first complete Master GT3 RS.
You understand and accept that PCA has the right to:
a) reject your Booking if the prerequisites are not met; and
b) if you attend the Experience on the day of a scheduled Booking and PCA becomes aware that you have misrepresented or provided incorrect information as to your completion of the relevant prerequisites, refuse to allow you to participate in any part of the Experience and retain the Fee, in its absolute discretion..
- 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 Experiences. Fully enclosed flat-soled shoes are mandatory. Race suits and helmets are provided when necessary.
- 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 and retain the Fee, 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 Dr. Ing. h.c. F. Porsche AG (located in Germany) and its related entities, service providers, business partners and as required by law. PCA will handle your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles contained in Schedule 1 to the Privacy Act 1988 (Cth), any APP code (as defined in the Privacy Act 1988 (Cth), and PCA’s Privacy Policy, which is available online at www.porsche.com.au/privacy-policy/ or by phoning PCA on 1800 711 911.
PCA’s Privacy Policy sets out how PCA collects, stores, uses, processes and discloses personal information, how you may access or correct your personal information and how you may make a privacy complaint. If you have any queries about what personal information PCA holds about you, the way it handles the information, or would like to know how to gain access to or correct your personal information, you may contact PCA on (03) 9437 0622 or at privacy@porsche.com.au.
- This Experience will be held in accordance with the local State Government Covid-19 rules and regulations which are in place at the time of the Experience. You agree to comply with any applicable rules and regulations together with any reasonable directions which may be issued by PCA to ensure the safety of all participants of the Experience.
- 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.
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