Terms and Conditions

The site of AUTODROM MOST is a property of the commercial company AUTODROM MOST Inc., ID 25419048 resided in Most Tvrzova ulice 5, 434 01.The relations between the customer the services at AUTODROM MOST are governed by regulations including these Terms and Conditions.

I. GENERAL STATEMENTS

1. These Terms and Conditions of the company have been modified according to § 273 Law # 513/1991 Of the Commercial Law Collection, according to the later regulations and state the mutual rights and obligations for the parties arising from the Contract about services concluded between AUTODROM MOST Inc. as the provider of services and a natural or a judicial person as the customer. The contract about services refers to providing services given by the provider to the customer concerning the operations on the track.

2. The agreements in the contract different from those in the Terms and Conditions are considered to be decisive.

3. The regulations of the Terms and Conditions are considered to be a part of the Contract. The Terms and Conditions are issued in Czech, German and English languages. The Contract may be concluded in these languages.

4. The Contract, the rights and obligations arising from it or in relation with it are governed by the Czech laws, mainly by the Commercial Law.

5. The Terms and Conditions become valid on January the 1st, 2010. The previous Business Conditions are considered to be invalid from this date. The rights and the obligations stated during the period of validity of the previous Terms and Conditions of the service provider remain valid.
The Terms and Conditions become valid and effective as at 1 January 2010 and supersede the Provider’s Terms and Conditions previously in force. This provision does not affect the rights and duties established for the effective period of the previous Terms and Conditions of the Provider.

II. SERVICE PRICES

Prices for the services provided by AUTODROM MOST Inc. are fixed in conformity with the Price List for operating on the track, Price List of the garage workshop, Price List for Advertising, Price List of Entries for the sole events, or contractual prices.

III. PAYMENT CONDITIONS

1. The Payment conditions are fixed regarding the activities and services provided and can be negotiated contractually with a sole commercial partner in a written form.

2. The provider has the right to require the deposit payment up to 20% of the total sum of the services ordered immediately after signing the contract. In this case the customer must pay the deposit on the day fixed by the provider.

3. The provider has the right to require the second deposit payment representing 60% of the total sum of the ordered services no later then 2 months before the date when services are to be provided. The customer is obliged to pay the deposit on the day fixed by the provider.

4. If AUTODROM MOST Inc. provides its site for a sport event (for instance testing, club races, practicing etc.) the customer is obliged to pay the rent of the track for the time over the contractual time period so, that every incomplete hour will be paid as a complete one, and the price will be that fixed proportional to the complete payment for the event.

5. The Provider has a contact address for the purposes of business correspondence, invoice and tax documentation delivery in addition to standard postal services – the e-mail address specified by the Customer Party in the Contract.

IV. CANCELLING THE CONTRACT/AVOIDANCE OF THE CONTRACT

1. If the customer withdraws from the Contract for other reasons than those listed by law:
a) Within a period of more than 60 days before the performance date, it is obligated to pay a cancellation charge amounting to 20% of the total price for the services ordered,
b) Within a period of less than 60 days before the performance date, it is obligated to pay a cancellation charge amounting to 50% of the total price for the services ordered,
c) Within a period of less than 30 days before the performance date, it is obligated to pay a cancellation charge amounting to 100% of the total price for the services ordered.

2. Should the Provider withdraw from the Contract unilaterally due to failure in terms of the performance under the conditions of the Contract on the part of the customer and/or under the Terms and Conditions or the Operating Regulations hereof:
a) Within a period of more than 60 days before the performance date, the Provider has the right to a contractual fine amounting to 20% of the total price for the services ordered.
b) Within a period of less than 60 days before the performance date, the Provider has the right to a contractual fine amounting to 50% of the total price for the services ordered,
c) Within a period of less than 30 days before the performance date, the Provider has the right to a contractual fine amounting to 100% of the total price for the services ordered.

3. In case of any other activities the cancellation fee is fixed on the base of the agreement.

4. The Avoidance must be sent in written form and must be delivered to the provider of services. If the customer has already paid a deposit, the provider has the right to use it for refunding the price due to the previous agreement and the rest of sum has to be returned to the customer no later than 30 days from the date of the avoidance documents were delivered.

5. Any adverse weather conditions except those stated in article VIII clause 9 of the Business Conditions do not represent the reason for the contract avoidance, and the provider has the right to demand the agreed sum. The customer is obliged to pay the sum.

6. The provider can avoid the contract at any time in case the customer does not respect the regulations of these Terms and Conditions, the Contract, the Operating regulations of the provider, especially in case of any harm made on the property of the provider, or if the customer does not pay the money within the agreed time including the deposit payment within the due time.

V. DATES

1. The customer has the right to get the ordered services on the date agreed, as it is mentioned in the approved order / or the Contract.

2. If a customer does not arrive and the services are not fulfilled from that reason, this event is considered to be organised and the provider has the right to demand the payment of the contractual price. The customer is obliged to pay the sum.

VI. THE RIGHTS FOR TRANSMISSION, ADVERTISING, PROMOTION

1. For the race organising the detailed circumstances regarding the rights for transmission and advertising will be fixed in a sole agreement, in conformity with FIA and FIM International Sport Codes.

2. In other cases the condition will be fixed according to the mutual agreement between AUTODROM MOST Inc. and the customer.

3. The customer must not cover the advertisements installed round the AUTODROM MOST site. If a customer requires the circuit with no advertisements, AUTODROM MOST Inc. can issue a written permission. The price of this service will be added to the basic price on the basis of the Price List or as a contractual price.

4. Installing the own advertisements of the customer is allowed only with the written agreement of AUTODROM MOST Inc., it will be charged for the price fixed in the Price List Article I, passage 1, or for the contractual price.

VII. RESPONSIBILITY, INSURANCE

1. Before the beginning of the event the authorised representative of the customer will take over from the authorised representative of AUTODROM MOST all the facilities mentioned in the Contract, including services ordered additionally and a report will be made about it, after the meeting he will hand over all the mentioned subjects in the same way. Within the period from take-over till hand over the customer is completely responsible for the activities being organised there. The sites provided to the customer can only be used for the purposes, for which they have been rented. If any damage occurs from the part of the customer or any of his participants AUTODROM MOST Inc. will provide repairs and will charge the customer the refund.

2. If the customer is also an organiser of the event, AUTODROM MOST Inc. does not take-over any responsibility for the harms or damage to the property, or health of the participants of the event. The customer as an organiser of the event is responsible toward AUTODROM MOST Inc. for all its participants and is obliged to inform all its participants about their responsibility.

3. If a participant of the event is injured and transported to the hospital, AUTODROM MOST Inc. will provide him an interpreter if necessary. The customer is obliged to provide an accompanying person who will ensure the personal documents, payments and reserve clothes for the injured person. He will arrange all the matters considering treatment in the hospital, transport back to AUTODROM MOST, or to the place of residence. In case an injured person does not have corresponding insurance, and in unable to pay the hospital bill in cash or by any other way, the customer is obliged to pay his costs.

4. The customer is advised to have an insurance of organiser of the meeting

5. The participants of the meeting are advised to get an insurance, valid in Czech Republic covering the “injuries in motor sport”.

6. If there are official races organised by the Czech organisers, the insurance conditions for the drivers and organiser are fixed in FAS and FMS AČR National Sport Code (casual personal insurance of the driver and liability insurance). The foreign participants are obliged to arrange the driver´s insurance valid in Czech Republic for this type of sport by themselves and to pay the liability insurance to the organiser due to the Sport Code of FAS and FMS ČR, with the exception in cases stated in the International Codes of FIA and UEM.

VIII. USING THE RACETRACK OUTSIDE THE MAIN SEASON

1. The conditions for using the racetrack are changing in the course of the season from October the 15th till March the 31st of the current year.

2. During this time the customer will get a 10 % discount from the price of the track (see valid Price List).

3. The customer considers all risks which are connected with using the track in winter, and taking over the track without maintenance.

4. The customer announces that he will undertake all the measures and fix the safety regulations not to make harm on the property of the provider.

5. In case of any harm caused by the customer, he is bound to refund all the costs for its liquidation in the site of the provider, especially on the track and safety devices.

6. In case the customer wishes, the maintenance of the track covered with snow can be done with ploughing.

7. In that case the customer is obliged to pay for the maintenance the sum of 6 000 CZ crowns + VAT. This service must be ordered at least 4 days before the event. Cleaning the track ordered later may cause a delay in the start of the event, which will be at the responsibility of the customer.

8. If in the case when the same customer is using the track for a long time, requires its ploughing, this service will be provided and charged to the customer.

9. The customer has the right in the period from December the 1st till February the 28th to avoid the contract in case the weather conditions for using the track are not suitable 4 days before the date of the ordered event. In case the customer does not inform the provider on time the provider gets the right to charge the penalty of 50% from the amount of the ordered service price.

10. The customer takes into consideration that the track is limited with white horizontal stripes 8 cm wide on the edge of the racetrack. Any obstacles such as snow barriers along the track edge or small pieces of ice on the surface can not be considered as obstacles which make the track not usable.

IX. FINAL STIPULATIONS

1. All the data given by the customer will be saved to fulfil the contract relation. Concluding the Contract the customer gives an agreement to work over his data.

2. Using the logo and the commercial name of the provider is possible only with his written agreement given by the person authorised to act on the behalf of the company AUTODROM MOST Inc.