Porsche Track Experience Terms and Conditions

  1. 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.
     
  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 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/2021-Porsche-Track-Experience-Indemnity-Form.pdf).
    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.
    Voucher means a gift voucher issued by PCA in respect of an Experience.
     
  3. The organiser is PCA.
     
  4. Places are strictly limited and payment details or Voucher details are required to be provided with your Booking Form.
     
  5. 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 Deed(s) of Release and Indemnity duly executed by you (at or before the Experience).
     
  6. 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).
     
  7. 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/Documents/RACQMCECodeofConductJanuary2021.pdf) and RACQ Covid Safe Protocols (https://porscheevents.com.au/Media/Documents/RACQ-MCE-Covid-Safe-Protocols.pdf);
    b) all details provided by you on your Booking Form are true and correct;
    c) you understand all the risks involved in driving a vehicle at an Experience, including those detailed in the Deed of 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:
    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;
    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.
       
  8. In respect of Level 3 Performance Experiences, if you:
    a) hold a P1 or P2 provisional licence and you are under 25; or
    b) hold a P1 or P2 probationary licence and were disqualified from holding or obtaining a driver licence when you were under 25,
    you will not be able to drive PCA’s vehicles on open roads during the Experience.
     
  9. 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, in its absolute discretion, that you are mentally or physically unfit to participate in any aspect of the Experience.
     
  10. 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.
     
  11. Subject only to clause 12, 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.
     
  12. 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.
     
  13. Should the event 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.
     
  14. 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.
     
  15. 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 16, 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.
    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.
     
  16. Where your Booking was made using a Voucher, any refund given by PCA under clause 15 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.
     
  17. If your Cancellation Request is made between 1 and 15 days before the Experience, no refund of the Fee will be given.
     
  18. 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.
     
  19. 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.
     
  20. 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.au/privacy-policy or by phoning PCA on 1800 711 911.
     
  21. 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 below list of symptoms). Guests are free to wear face masks.
     
  22. You must not participate in an Experience if you:
    • have COVID-19 or have had COVID-19 in the last 14 days; or
    • 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 hotspot (https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/hotspots-covid-19) in the last 14 days; or
    • have travelled from overseas within the past 14 days; or
    • have been recommended to self-isolate or quarantine by health professionals.
       
  23. 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.

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