Terms & Conditions

GENERAL CONDITIONS FOR CURBSTONE EVENTS

1. The Contract

1.1.

A contract for the supply of the event booked with Curbstone N.V./S.A. Woluwedal 46, 1200 Sint-Lambrechts-Woluwe, Belgium, VAT number BE0641659651 – with Curbstone Azur being a French division of Curbstone N.v./S.A. (hereinafter referred to as ‘Curbstone’) will only be made upon the client (hereinafter referred to as ‘the Client’) receiving confirmation from Curbstone that his booking (hereinafter referred to as ‘Booking’) has been accepted. Once the Booking has been accepted and full payment has been made, a legally binding contract (hereinafter referred to as ‘the Contract’) shall exist between both parties (hereinafter referred to as ‘Parties’ and individually as ‘Party’). This also means that as long as the Client’s payment has not been made, the Client will not have a reservation for the event.

1.2.

If the Client books as (a) a team, club, organization etc,… or if he books for (b) others persons/legal entities (a-b hereinafter referred to as ‘Client’s Participants’), the Client is responsible for all the Client’s Participants.

This also means the Client will have to inform the Client’s Participants about the Contract and its terms and conditions, in order to oblige them to respect these rules. If they don’t, the Client is the sole responsible for all damage that results from this behaviour, whether this damage is suffered by the Client, the Client’s Participants, Curbstone or others (notwithstanding the right for Curbstone to take legal action against the Client’s Participants).

The Client will have to hold harm Curbstone for all possible claims from the Client’s Participants/passengers against Curbstone.

 

2. The Price and payment

2.1.

The price (hereinafter referred to as ‘the Price’) for the event shall be advertised on the website or in promotional literature. Curbstone reserves the right to alter the Price at any time prior to acceptance of the Booking if such is necessary. In such circumstances the Client shall have the right to cancel his Booking and receive a full refund.

2.2.

Unless otherwise agreed by both Parties, payment of the Price for the event in full must be made by bank transfer.

 

3. Privacy Statement

Curbstone attaches great importance to the protection of the Client’s privacy and is acting in this instance as the controller of personal data which the Client provides to Curbstone via its website, during our events or via emails.

The Client warrants that the data he provides to Curbstone are his personal data, or that he has the explicit consent from the corresponding individual to use and disclose it to Curbstone in accordance with applicable data protection legislation. Curbstone shall not be liable for any consequences of providing inaccurate data.

3.1. Why does Curbstone process the Client’s data?

Curbstone may use the personal or business data provided by the Client for the following purposes:

• Curbstone uses the Client’s personal data for customer management purposes, for instance
  to allow the Client to book and/or participate in Curbstone events or to be able to respond to the Client’s questions or requests.
• Curbstone uses pictures based on its legitimate interest to capture moments from its events. However, whenever a right to image can be invoked (e.g., when someone is clearly the main subject of the picture), pictures will only be processed based on the corresponding data subject’s consent.
• If the Client has given his consent thereto, Curbstone may also use his personal data for direct marketing purposes by contacting the Client via email, phone, post, etc. with newsletters containing information about Curbstone and Curbstone partners and specific communication relating to Curbstone events the Client subscribed to.
• The Client’s personal data may also be used for other marketing purposes, statistical research and to better tailor the Curbstone products and services to suit the Client’s needs, based on Curbstone’s legitimate interest to carry out such activities.

3.2. How long will Curbstone store the Client’s personal data?

• The Client’s personal data will be stored for as long as required to comply with data retention obligations (e.g., bookkeeping), for as long as needed for insurance purposes and in order to duly address responsibility and liability claims, and for as long as required to answer to the Client’s questions or requests.
• Whenever the Client has provided his consent for a certain data processing activity (e.g., direct marketing), his personal data will be stored for as long as he has not withdrawn his consent.

3.3. To whom may Curbstone disclose the Client’s personal data?

• Curbstone may transfer the personal or business data provided by the Client to its corporate group (SRO Motorsport Group and Royal Automobile Club of Belgium). The privacy policies of these two entities can be found respectively at https://www.sro-motorsports.com/privacy-policy and https://racb.com/privacy_policy-812.html.
• Curbstone uses third party service providers. Where such providers use servers outside the European Economic Area, Curbstone will make sure that it provides appropriate safeguards such as the European Commission’s Standard Contractual Clauses for such transfers.
• Curbstone may also pass on the Client’s data to third parties in the event of a legal
  obligation or a request by the police or judicial authorities, or if the Client has given his consent for sharing his data.

3.4. What are the Client’s rights?

• The Client has the right to request Curbstone access to and rectification or erasure of his personal data or restriction of processing concerning the Client or to object to processing as well as the right to data portability and the right to lodge a complaint with a supervisory authority.
• Where the processing of the Client’s personal data is based on consent, he has the right to withdraw his consent at any time.
• The Client has the right to object, on grounds relating to his particular situation, to the processing of his personal data based on Curbstone’s legitimate interests, including profiling based on such interests.
• The Client has the right to object free of charge to the further processing of his personal data for direct marketing purposes.

He can exercise his rights by contacting Curbstone as indicated in the section “How to contact Curbstone” below.

3.5. How to contact Curbstone?

If the Client has any questions, concerns, or comments regarding this Privacy Statement or if he wants to exercise his GDPR-related rights, please contact Curbstone via email at privacy@curbstone.net, via phone at +32 (0)2 287 09 85 or by writing to:

Curbstone n.v./s.a.

Data Protection Department

Woluwedal 46, 1200 Sint-Lambrechts-Woluwe

 

4. Right for the Client to cancel

The Client may cancel his Booking by notifying Curbstone in writing or email at any time up to 14 days prior to the event. In this case Curbstone shall refund to the Client any booking fee paid as follows:

• If Curbstone receives a cancellation notice more than 30 days prior to the event then the Client will receive a full refund of monies paid.
• If a cancellation notice is received by Curbstone more than 20 days but less than 30 days prior to the event, then the Client will receive a full refund less an administration charge equal to 30% of the price. If a cancellation notice is received by Curbstone more than 14 days but less than 20 days prior to the event, then the Client will receive a full refund less an administration charge equal to 50% of the price.

Once accepted by Curbstone and save as otherwise provided in these conditions, the Client may not cancel his Booking less than 14 days prior to the event for any reason.

 

5. Cancellation by Curbstone

Curbstone will use its best efforts to comply with this Contract.

Nevertheless, Curbstone reserves the right to cancel the Contract at any time between the Parties if:

(a) insufficient bookings have been taken to justify proceeding with the event (in that case we will inform the Client as soon as possible); or

(b) the tracks that Curbstone has used cancel or materially change the services offered by them; or

(c) any other matters beyond Curbstone’s reasonable control arise.

Curbstone shall endeavour to give as much notice as possible of cancellation and, if cancelled, any booking fee shall be refunded to the Client in full or alternatively Curbstone shall, if possible, offer alternative dates or venues.

Under no circumstances will Curbstone be obliged to offer any additional compensation for disappointment suffered.

 

6. Operating procedures and specific track requirements

6.1.

Curbstone organizes car events (e.g. track days, driver training, roadbook events, …) and offer the Client a track, accommodation, catering, ….

Curbstone also understands car events can be dangerous if there are no rules and if Curbstone allows everyone to behave irresponsibly during a car event.

Therefore, Curbstone has established a whole package of rules (hereinafter ‘the Rules’) which the Client can find on the Curbstone website (PRACTICAL section).

The Rules (of which PREPARATION, TRACK DAY RULES AND BEHAVIOUR and WAIVERS) are an essential part of the Contract and the Client has to study them very carefully before coming to the event.

Curbstone’s obligation (best effort obligation) is to offer the Client a correct environment where the Client can enjoy his car event.

The Client has to respect the Rules at any time, as well as (1) the additional Rules Curbstone might send to the Client before the event and (2) all the regulations imposed by the circuit owner/operator.

The briefing (normally the day of the event – exact location and timing will be sent to the Client prior to the event) is also mandatory, as potential additional information might be communicated during this briefing.

 Failure to comply with the Rules or non-attendance at the briefing on the day is a serious breach of contract.

As a result :

• Curbstone can ban this Client and/or his passengers/Client’s Participants from the circuit and, in such circumstances, Curbstone shall not be obliged to offer any compensation.
• Curbstone can never be liable for any damage suffered by the Client or the Client’s Participants
• The Client can be liable for any damage suffered by Curbstone or others

6.2.

As already mentioned, the Client is fully responsible for the obligation of the Client’s Participants to follow the Rules.

6.3.

In addition the Client, his passengers/Client’s Participants and the Client’s vehicle must comply with any rules and regulations imposed by the circuit (example: noise limits in dB). The Client, his passengers and the Client’s Participants will also be required to sign an indemnity/waiver with the following text on the day of the event : Waiver

6.4.

Again, Curbstone shall not be obliged to offer any compensation if the circuit, in its absolute discretion, refuses to allow the Client, his passengers, the Client’s Participants or the Client’s vehicle onto the track.

 

7. Liability

7.1.

Notwithstanding the Rules Curbstone established, vehicles travelling at speed can be dangerous and cause damage. This risk can never be avoided (even with the Rules Curbstone established), and the Client has to be aware of this.

Accidents can always occur, Curbstone is not liable for these accidents and any damage to any vehicle or other property following these accidents. Consequently, if the Client is concerned for his vehicle or third party liability he must ensure that it is insured for track use.

Curbstone is only liable in case of proven fault/gross negligence/fraud.

7.2.

The Client is liable for any damage suffered by Curbstone in case of breach of contract by the Client/the Client’s Participants.

7.3.

Curbstone shall have no liability to the Client for any failure to honour or for any delay to his Booking that is caused by any event or circumstance beyond Curbstone’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or flood, fire, explosion, accident or pandemic. In particular no refunds (either for travel or the cost of the track day/event) will be given in the event of the track being unfit for use as a result of inclement weather or other circumstances beyond Curbstone’s reasonable control. Likewise Curbstone shall not be liable if travel delays result in a failure to arrive at the track on time or at all. No refunds (either for travel or the cost of the car event) will be given in the event of the Client or his vehicle being declared unfit to use the track and the Client is referred to the Rules with regard to the specific regulations that apply.

7.4.

Save as precluded by law, none of the Parties will be liable to the other Party for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising.

7.5.

If one of the Parties would be liable in any way, this liability will always be limited to a maximum amount equal to the Price (except in the case of proven fraud).

This limitation does not include potential damage to the circuit or road infrastructure in case of an accident. In that case the Client is fully responsible for any potential damage he, his passengers or the Client’s Participants may cause to the circuit facilities, in particular the guard rails, or any other facilities rented for the event, and agrees to reimburse the costs and / or other expenses thus incurred, based on a quote established by the operating company of the circuit or rented facility.

7.6.

Nothing in these terms and conditions is intended to limit any rights one of the Parties might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit Curbstone’s liability to the Client for any death or personal injury resulting from Curbstone’s gross negligence.

 

8. Invalidity

If any part of these terms and conditions is unenforceable the enforceability of any other part of these conditions will not be affected.

 

9. Entire agreement

These terms and conditions, together with Curbstone’s current prices and Rules, the booking form and contact details set out the whole of the Contract relating to the supply of the services to the Client by Curbstone. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature of the services offered by Curbstone.

Save for fraud or fraudulent misrepresentation, Curbstone shall have no liability for any such representation being untrue or misleading.

 

10. Notices

All notices from the Client to Curbstone must be in writing and sent to Curbstone’s contact address at Curbstone N.V./S.A. Woluwedal 46, 1200 Sint-Lambrechts-Woluwe, Belgium, and all notices from Curbstone to the Client will be sent by email or to the address set out on the booking form.

 

11. Governing law – competent courts

The Contract be governed by and interpreted in accordance with Belgian law and the competent Belgian courts in Brussels shall have jurisdiction to resolve any disputes between Parties.