PORSCHE TARGA HIGH COUNTRY TOUR 2023
1. These Terms and Conditions govern your participation in the Tour. By completing and submitting an online booking form to participate in the Tour (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.
2. 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 PCA for a Participating Vehicle to participate in the Tour.
Deed of Release and Indemnity means the deed poll made by you in favour of each Organiser (as defined in the deed poll) and any other deed of release as may be requested by any of the Organisers at or before the Tour.
Fees means the fee, as notified by PCA, payable by you to PCA in respect of your participation in the Tour.
Health Condition means any impairment of your mental or physical condition, including but not limited to any
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 the Tour.
Participating Vehicle means the vehicle you specify in the Booking Form to participate in the Tour.
Tour means the Porsche Targa tour for which you have made your Booking.
3.The organiser of the Tour is Porsche Cars Australia Pty Ltd ACN 004 327 048 (PCA). The driving component of the Tour is run under the auspices of Targa Australia Pty Ltd ACN 092 438 992 (TA) and the Confederation of Australian Motorsport Ltd ACN 069 045 665, trading as Motorsport Australia (Motorsport Australia)
4. Places in the Tour are strictly limited and payment details are required to be provided with your application to participate in the Tour.
5. A binding contract between you and PCA for your participation in the Tour in accordance with these Terms will arise as soon as:
(a) PCA has accepted your application to participate in the Tour as set out in the Booking Form by sending you written confirmation of your Booking; and
(b) PCA has received full payment of your Fees; and
(c) PCA has received all required Deed(s) of Release and Indemnity duly executed by you (at or before the Tour); and
(d) TA has received all required documentation (as set out below) and received your acceptance of TA’s terms and conditions.
6. Participation in the Tour will not be permitted if PCA and TA have not received all required Deed(s) of Release and Indemnity and the required TA documentation duly executed by you (at or before the Tour).
7. TA’s Terms and Conditions will be provided to you in the TA online platform. You will need to confirm that you have read, understood and accepted these Terms.
8. The TA Entry Form is an online form that must be completed by all participants to confirm their registration. This is a different form to the PCA online booking form. Details of the online platform will be provided to you closer to the date of the Tour. Please note, to complete the TA Entry Form you will require Yours, as well as your co-driver’s, civil drivers licence as well as your Motorsport Australia Speed licence. If you or your co-driver do not currently hold a Motorsport Australia Licence, please immediately arrange this online at
https://motorsport.org.au/licence
9. You acknowledge, warrant and represent to PCA that:
you have (or will) read, accept and agree to be bound by Motorsport Australia’s National Competition Rules (NCR) and Supplementary Regulations and any other safety rules or regulations provided to you by PCA or TA;
(a) all details provided by you on your Booking Form are true and correct;
(b) you have sufficient experience in driving vehicles, including driving at high speeds, and understand all the risks involved in driving a vehicle;
(c) you have not been charged with any serious road offence, including, but not limited to, any road related death or dangerous driving charges;
(d) at any and all times during the Tour, 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 current valid overseas driver’s licence recognised in the jurisdiction in which the Tour is held;
(iii) hold a minimum of a current and valid Motorsport Australia Speed licence;
(iv) for on-track activities, wear and/or use, at a minimum, a Motorsport Australia-compliant level A Australian standard 1698 helmet and appropriate protective gear, noting that non-flammable clothing that fully covers flesh from ankles up to and including the neck and wrists is recommended;
(v) comply with all rules in relation to the Tour provided by PCA, TA, Motorsport Australia or their personnel, including, but not limited to, the NCR and the Regulations;
(vi) comply with all applicable laws;
(vii) comply with all directions issued by PCA, TA, Motorsport Australia or their personnel, including, but not limited to, all briefings prior to participating in the Tour, wearing any required safety equipment and any warnings of driving or speed infringements;
(viii) notify PCA of any accident in which you are involved;
(ix) not be under the influence of any alcohol, legal or illegal drugs or substances that may impact on your ability to participate in the Tour, including your ability to drive a vehicle; and
(x) 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 Tour and will not be aggravated by your participation in the Tour.
10. By participating in the Tour, you agree that you must:
(a) allow PCA or TA to install RallySafe Units to the Participating Vehicle;
(b) not interfere with any RallySafe Unit;
(c) regularly inspect the Participating Vehicle during the Tour and ensure that it is in a roadworthy and safe condition before driving the Participating Vehicle, or allowing it to be driven;
(d) ensure that your blood alcohol concentration is 0.00 at the commencement of each day of the event, and maintain this level throughout each day of the event; and
(e) submit to daily blood alcohol breath tests along with random blood alcohol and drug tests, which can be conducted at any time during the running of the event.
11. Photographs and/or videos will be taken during the Tour. By participating in the Tour, you grant PCA, TA and Motorsport Australia 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 Tour and/or for the purpose of promoting any of the PCA’s, TA’s or Motorsport Australia’s events and/or products. This might include using them in printed and online publicity and social media.
12. Due to the nature of the Tour, your participation and usage of the Participating Vehicle in the Tour 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 Tour, 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;
(c) PCA determines, in its absolute discretion, that you are mentally or physically unfit to participate in any aspect of the Tour;
(d) PCA determines, in its absolute discretion, that the Participating Vehicle is not roadworthy or it is not safe for the Participating Vehicle to participate in the Tour (except to the extent you are able to provide and use a substitute vehicle that is roadworthy and safe); or
(e) you fail to pass a daily blood alcohol breath test.
13. Subject only to clause 14, PCA, TA and Motorsport Australia do not provide any warranties that the Tour (or any services in relation to the Tour) will be provided with due care and skill or that any materials or equipment provided in connection with the Tour 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 Tour by PCA, TA or Motorsport Australia, are excluded.
14. PCA acknowledges that you may have certain rights under the Australian Consumer Law in respect of the Tour 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, other than any of those rights that are lawfully excluded under the Deed(s) of Release and Indemnity or any of the other Tour Documents (as that term is defined in the Booking Form).
15. Subject to the Australian Consumer Law and any other applicable law, PCA will not provide any refunds in respect of the Fees in the event of a cancellation of your Booking where:
(a) you change your mind;
(b) there is a change in your personal circumstances;
(c) you do not attend the Tour or you only participate in part of the Tour; or
(d) there is inclement weather or any other unforeseen conditions during the Tour that prevent the Tour from proceeding.
16. 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). All Cancellation Requests will be considered on a case-by-case basis. If you make a Cancellation Request and PCA decides, in its sole and absolute discretion, to provide you with a refund, then if your Cancellation Request is made:
(a) 90 days or more before the commencement of the Tour – PCA may refund up to 95% of the Fee;
(b) between 60 and 89 days before the commencement of the Tour – PCA may refund up to 75% of the Fee;
(c) between 31 and 59 days before the commencement of the Tour – PCA may refund up to 50% of the Fee;
(d) between 16 and 30 days before the commencement of the Tour – PCA may refund up to 25% of the Fee.
17. If your Cancellation Request is made between 1 and 15 days before the commencement of the Tour, no refund of the Fee will be given.
18. Should the Tour be cancelled, shortened, altered or interrupted, neither PCA, TA nor Motorsport Australia will 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).
19. Personal, vehicle and third-party property insurance and/or comprehensive insurance is your sole responsibility and you acknowledge that any loss, damage, cost, expense, liability, claim, action, proceeding or demand that you suffer or incur will not be covered under any insurance policy held by any of PCA, TA or Motorsport Australia.
20. Limited personal accident insurance for the Tour may be provided for Motorsport Australia L2s licence holders in accordance with Motorsport Australia’s personal accident insurance policy. Please refer to https://sport.ajg.com.au/motorsport-australia/coverage/ and click on the downloads link for details of the insurance that may be available in the insurance handbook. However, you will need to make your own enquiries as to whether the personal accident insurance is available to you and agree that all insurance arrangements are ultimately your responsibility.
21. You consent to PCA collecting, storing, handling and using your personal information to assess your application, contact you about the Tour, for the purpose of direct marketing about its products and services and for any other purposes set out in our Privacy Policy. PCA may disclose your information to relevant third parties including Porsche AG (located in Germany) and our related entities, our service providers, our business partners, other event organisers and as required by law. We are committed to protecting your personal information and agree to handle it in accordance with our Privacy Policy, which is available online at https://www.porsche.com/australia/privacy-policy/ or by phoning us on (03) 9437 0622.
22. You acknowledge that you are choosing to attend an event where you may be exposed to COVID-19 (including before and while you are attending the event). It is your own responsibility to acquaint yourself with all relevant information, including applicable health risks. You acknowledge that your decision to participate in the Tour is based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
23. The Tour will be held in conjunction with the local State Government COVID-19 rules and regulations which are in place at the time of the event. 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 Tour.
24. 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.
