These general terms and conditions apply between Polar Force, and the person who himself or through another enters into a contract with Polar Force as stated in the confirmation (the „guest“).
WHO IS RESPONSIBLE?
Organizer: Polar Force AB, Stationsgatan 2, 933 32 Arvidsjaur.
Org.no. 559243-1968. VAT no. SE55559243196801.
In these general terms and conditions the following definitions apply:
Arrival – the time of arrival indicated in the confirmation / travel documents;
Arrangement – the services which Polar Force has agreed to deliver to the guest and which Polar Force has confirmed in writing through a booking confirmation;
Contract – consists of these terms and conditions and any other written information regarding the arrangement included in the booking confirmation from Polar Force.
ESC – means the European Speed Club which is the parent company of Polar Force. and thus a part of Polar Force AB.
Guest – the individual / s which have entered into a contract with Polar Force regarding the arrangement, if a booking includes several individuals then each individual constitutes a guest;
Polar Force – means the Swedish limited liability company Polar Force AB, org.no. 559243-1968.
APPLICATION OF THESE TERMS AND CONDITIONS
Any and all arrangements booked with Polar Force are subject to these terms and conditions.
The booking becomes binding for both Polar Force and the guest as soon as Polar Force has confirmed the guest’s booking and has assigned a booking number.
If any part of the contract is found to be invalid or unenforceable, then the remainder of it will not be affected and will remain valid and enforceable.
As the organizer, Polar Force is obliged to ensure that:
- The guest receives a written confirmation of their booking and other necessary documentation
- that information regarding payment, where the key may be collected and information regarding other issues of importance to the event is provided to the guest
- that the arrangement matches the description in the booking confirmation. Polar Force does not take responsibility for any promises that third parties may have made directly to the guest without either the direct or the indirect knowledge of Polar Force. Polar Force recommends that the guest request such promises or information in writing.
- that the guest is provided with assistance if necessary.
THE GUEST’S OBLIGATIONS
The guest is responsible to check the booking confirmation and to ensure that dates and services stated there are correct. If the booking confirmation is incorrect, Polar Force needs to be informed as soon as possible.
To book and enter into a contract with Polar Force all guests must be at least 18 years old. Identification of the guests will take place on arrival. All guests must have drivers‘ licenses.
The guest is responsible to ensure that he / she has valid passports, appropriate visas and vaccinations. The guest is also responsible to ensure that any existing medical conditions or disabilities, which may require assistance, are declared to Polar Force before the booking is made or, if newly diagnosed, before the arrival date.
The guest must follow the rules, instructions and regulations communicated to the guest regarding travel, accommodation and other products / services covered by the arrangement. The guest is fully responsible for any damage that occur to the accommodation and other products covered by the arrangement if the guest or anyone given access by the guest act negligent. Violations of restrictions regarding non-smoking and/or pets will entail a clean-up fee of EUR 600, or higher if Polar Force is able to prove greater damage.
Polar Force has the right to terminate the contract with immediate effect if the guest or someone in his / her company violates the contract, acts disruptively and / or commits damage to the accommodation or any other services covered by the contract. If the contract is terminated, the guest and his / her company must immediately move out of the accommodation without refund of the amount paid. In the event of immediate termination of the contract due to the above stated reasons, Polar Force will charge the guest a fee corresponding to the damage, however at least EUR 500. Polar Force reserves the right to close the accommodation and remove the guest’s belonging in the event of immediate termination of the contract.
Polar Force shall provide information regarding the regulations of passports and visas for states within the European Economic Area. However, the guest is responsible for observing all regulations to be able to complete the arrangement.
The payment must be made no later than the date stated in the confirmation. Polar Force has the right to charge an initial instalment in connection with the confirmation (registration fee). Unless otherwise agreed, the registration fee is 40% of the full cost. The remaining amount of the agreed price must be paid no later than 30 days before arrival. The arrangement must always be paid for in full before arrival. All payments must be made in EUR, unless otherwise is agreed.
WHAT HAPPENS IF THE GUEST DOES NOT PAY ON TIME?
The booking is cancelled unless the registration fee or the final payment is received by Polar Force no later than on the due date stated on the confirmation. If the guest does not pay on time, the booking will be considered cancelled, whereby the rules of cancellation apply.
CHANGES OR CANCELLATIONS BY THE GUEST
The guest may cancel the booking. Polar Force only accepts cancellations made by the guest. Polar Force is obliged to confirm the guest’s cancellation in writing. Polar Force incur costs from the time the guest makes a booking and the guest therefore agrees that, in the event of cancellation, Polar Force will be compensated for losses and expenses, as detailed below. Polar Force cancellation charges increase the nearer the cancellation is made to the arrival date, as the arrangement then cannot be resold without significant price reductions, if at all.
- For arrangements cancelled 30 days or more prior to arrival, Polar Force is entitled to retain 40% of the total cost for the arrangement.
- For arrangements cancelled 29-14 days or more prior to arrival, Polar Force is entitled to retain 70% of the total cost for the arrangement.
- For arrangements cancelled 13-0 days or more prior to arrival, Polar Force is entitled to retain 90% of the total cost for the arrangement.
The Guest can also rebook its Lapland trip within the current calendar year or transfer it to a third party up until 14 days prior to departure, see the heading “TRANSFER OF THE CONTRACT” below. This means that if a pandemic, a business appointment or perhaps an illness prevents the Guest from partaking in the booked trip, the Guest can use its participation budget to rebook the trip into any arrangement by ESC labelled summer dates that are still available under 2022 at the time of rebooking.
The guest may also buy a separate cancellation and rebooking insurance, see the heading „IF SOMETHING HAPPENS TO THE GUEST – CANCELLATION AND BOOKING INSURANCE“ below.
IF SOMETHING HAPPENS TO THE GUEST – CANCELLATION AND BOOKING INSURANCE
Polar Force strongly recommend that all guests take out insurance cover for cancellation adequate to cover the value of the arrangement.
Any insurance coverage arranged through Polar Force must be purchased at the time of the booking in order to cover the arrangement. The fee for such cancellation and rebooking insurance cannot be cancelled after it has been paid and will not be refunded. The insurance coverage is provided by third party and other terms and conditions may apply.
CHANGES AND CANCELLATIONS BY POLAR FORCE
Polar Force reserve the right to cancel bookings. Polar Force will not cancel less than four weeks before the guest’s arrival date, except for unavoidable and extraordinary circumstances, or failure by the guest to pay the final balance.
Polar Force may change the terms of the arrangement to the extent that the guest can be offered other equivalent services.
If Polar Forces costs for the arrangement increases after the contract becomes binding between the parties, Polar Force may increase the price of the arrangement corresponding to the cost increase – if the cost increase is due to changes in taxes, exchange rates, fuel prices or other fees for services included in the arrangement. The price must not be increased during the last 20 days before arrival and must be notified to the guest immediately.
If Polar Force is unable to provide the arrangement in accordance with the contract and if Polar Force is also unable to offer the guest other equivalent services, the guest has the right to withdraw from the contract. The guest is also entitled to withdraw from the contract if the terms change significantly and if such changes are detrimental for the guest. Polar Force must then offer a reasonable refund. In order for the guest to be entitled to withdraw from the contract, the guest must notify Polar Force as soon as possible.
POLAR FORCE’S LIABILITY
Any errors that occur during the stay, the guest must report within a reasonable time to enable Polar Force to rectify the errors. If the guest has not reported any errors during the stay and Polar Force thereby has not been given the opportunity to be helpful, the guest will not be entitled to any compensation in accordance with these terms and conditions.
Damages due to errors during the stay or due to Polar Force cancelling of the arrangement will not be paid if Polar Force can show that the arrangement could not have be carried out or that the error arose due to obstacles or circumstances beyond Polar Force’s control and that Polar Force could not reasonably have been expected to have taken into account when the contract was entered into and the consequences of which Polar Force could not have reasonably avoided or overcome, for example, shorter interruptions in IT operations, TV signals, water or energy supply. Even shorter stops caused by strong winds, cold or fog are to be seen as circumstances beyond Polar Force’s control.
TRANSFER OF THE CONTRACT
The guest can transfer a booked arrangement to another person, who satisfies all the conditions that apply to this booking, by giving Polar Force notice in writing at least 14 days before departure. Both the guest and the new traveller are responsible for paying all costs Polar Force incur in making the transfer. Polar Force will charge an administration fee of EUR 100 per guest before the transfer can be made.
IN THE EVENT OF A DISPUTE
This contract is governed by Swedish Law.
In the event of a dispute, the guest should turn to Polar Force with any complaints in the first instance. If the guest and Polar Force do not agree on a suitable solution, the guest may submit their complaint online via the European Commission’s dispute resolutions platform or turn to the Swedish General Complaints Board (Allmänna reklamationsnämnden, ARN).
In addition to what is stated above the following may be applicable in case of so-called force majeure events, eg acts of war, natural disasters, labour disputes, prolonged interruptions in water or energy supply, fires, pandemics or other similar major events which is unable to anticipate or influence (“force majeure event”).
If a force majeure-event occurs and there is a ban on events, accommodation and entertainment in Sweden as well as travel restrictions within Norrbotten, which means that the event cannot be held and is therefore cancelled by Polar Force, the guest has the possibility to rebook to still available and free ESC appointments in the current calendar year, or transfer it to a third party up to 14 days before departure, without costs. If the guest chooses not to rebook the arrangements, the normal cancellation and rebooking rules mentioned in these terms and conditions applies.
If a force majeure event occurs and there is a ban on events, accommodation and hospitality in the guest’s home state as well as travel restrictions within the guest’s home state but it is possible for Polar Force to provide the arrangement in Norrbotten, and Polar Force chooses to cancel the arrangement out of solidarity, the guest can choose to transfer the booking to a third party up to 14 days before departure or receive a voucher of the booking value to use in still available and free ESC appointments in the current calendar. If the guest chooses not to rebook the arrangements, the normal cancellation and rebooking rules mentioned in these terms and conditions applies.
If a force majeure event occurs and the guest’s home state issues a travel warning for Norrbotten the guest can choose to transfer the booking to a third party up to 14 days before departure or receive a voucher for the booking value to use in still available and free ESC appointments in the current calendar. If the guest chooses not to rebook the arrangements, the normal cancellation and rebooking rules mentioned in these terms and conditions applies.
A circumstance and/or event that was known or was known to be a risk at the time of booking does not constitute a force-majeure event. A circumstance that the guest can take actions to avoid shall not constitute a force majeure event.
When the guest orders an arrangement on the web or by telephone, the personal data provided will be processed by Polar Force. The personal data may also be processed by Polar Force’s partners such as insurers, hotels, train, airline and bus companies, etc. Polar Force will also process necessary personal data that the guest provides about people in the guest’s travel company.
Polar Force reserves the right to take pictures and videos from the arrangement and use these in its marketing material as well as publish them on Polar Force’s website.
Polar Force is the data controller for the processing of personal data collected from guests. Polar Force may also process data to provide offers and other marketing to guests. A guest can unsubscribe from Polar Force’s marketing at any time. Complaints can be sent by e-mail to firstname.lastname@example.org .
CONDITIONS OF PARTICIPATION & USE / LIABILITY
The aim of participation in an ESC event is to improve the participant’s personal driving skills and not to achieve top speeds.
- The participant assures that he / she is in possession of a valid driving license of the relevant vehicle class and undertakes to allow us to inspect this on request.
- The participant assures that he / she has been tested negative for Covid 19 max. 24 hours before the start of the course. This test shall be carried out on the participant’s own responsibility; the certified RKI test requirements for rapid tests apply. The negative test result must be presented at the accreditation.
- We are entitled to exclude a participant who disregards the instructor’s instructions despite a warning from further participation in the course.
- During training rides, seat belts must be worn and the course regulations must be observed. We reserve the right to exclude the participant who disregards these rules from the further course of the driving part of the event.
- During the course, the instructions of our instructors must be strictly followed in the interest of safety. In case of violation of instructions, especially in cases of danger to persons and property, the participant may be excluded from the driving part of the event. It is expressly pointed out once again that the course is not intended to achieve top speeds or a best lap time. The telemetry devices provided are used to determine the optimum driving line as well as braking and lateral acceleration data. Due to the predefined settings, no measurement or storage of lap or distance times is carried out with them, which is why a change of the device settings by the participant is prohibited.
- There is a strict alcohol ban throughout the course! We reserve the right to exclude any participant who has reason to suspect that their ability to drive or are unable to drive (eg taking alcohol, drugs or medication) is justified from the driving part of the event.
- We reserve the right to postpone, cancel or cancel the agreed course for important reasons for the safety of the participants.
- If the participant does not participate or is excluded from the booked course for reasons arising from the sphere of the participant, there is no entitlement to repayment of the price or we retain our entitlement to the price.
- The organizing Polar Force AB has taken out business liability insurance for the events it offers, which covers damage caused by culpable behaviour on the part of the organizer and its vicarious agents.
- The organizer and his vicarious agents are only liable for damage to a participant if the damage was deliberate or caused by gross negligence. This limitation of liability does not apply to damage resulting from injury to the body, health or life of a participant insofar as he has followed the instructions of the instructors. Accompanying persons take part in the event at their own risk. Participation in the exercises by the accompanying person is not permitted. The minimum age of accompanying persons is 16 years. The organizer is not liable for any damage caused by the participants. The participant is liable for any damage caused by a participant on the test track. If ESC submits the costs incurred, the participant undertakes to reimburse them against proof of costs.
- If, at the express request of a participant, an instructor from ESC leads the participant vehicle and this causes damage, liability of ESC and the instructor shall be excluded regardless of the degree of fault. This does not apply if there is physical damage. In such a case, ESC and the instructor are only liable in the event of gross negligence or intent.
- The participants and accompanying persons of the event agree that we take photos, sound and film recordings of the event. We are entitled to dispose of this material free of charge, in particular to use it for advertising purposes.
- If the participant is provided with a vehicle by us for use and participation in the course, the following conditions apply: Any other use of the vehicle of any kind is prohibited. The participant is obliged to handle the vehicle gently and carefully. The participant is liable for the damage to the vehicle that has occurred and that occurs after the handover to the participant until the return. Excluded are wear-related damage as part of normal use. The vehicle provided has a fully comprehensive insurance cover with a deductible of 10,000 euros. If the vehicle has an accident, we are not obliged to provide a replacement vehicle. If the vehicle handed over fails due to a technical defect that was not caused by the participant, we endeavour to provide a replacement vehicle.
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THE SWEDISH TRAVEL GUARANTEE ACT
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. Polar Force will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, Polar Force has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under Directive (EU) 2015/2302
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem. 11.12.2015 L 326/25 Official Journal of the European Union EN
- Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Polar Force has taken out insolvency protection with Gar-Bo Försäkring AB. Travellers may contact this entity or, where applicable, the competent authority Kammarkollegiet, Birger Jarlsgatan 16, 114 34 Stockholm, 08-700 08 00, email@example.com if services are denied because of Polar Force AB’s insolvency.