Legal

Terms & Conditions

Organiser / Provider

The Hype WD Carmanagement GmbH, Arbeostraße 11, 82041 Oberhaching
(hereinafter referred to as "Hype", "we", "us" or "Tour Operator")

§ 1 — Scope, Contracting Parties and Order of Precedence

1.These Terms and Conditions apply to contracts between Hype and customers/travellers for package tours, supercar tours, driving experiences, events, event management, travel and other leisure/travel services.
2.Where Hype offers or assembles a combination of at least two different types of travel services for the same travel purpose, Hype acts as a package tour operator within the meaning of §§ 651a et seq. of the German Civil Code (BGB).
3.For purely day events, individual events or other services that do not constitute a package tour, the provisions expressly designated for such services apply in addition.
4.Individual terms set out in the offer, in the pre-contractual travel information, in the travel contract, in the booking confirmation or in an expressly agreed service description take precedence over these Terms and Conditions.
5.Deviating terms of the customer apply only if Hype expressly agrees to them in text form.

§ 2 — Curated Participant Selection, Availability and Contract Formation

1.Hype's offerings are regularly directed at a selected group of participants and may be limited due to capacity, safety, vehicle, group or organisational considerations.
2.Representations on websites, social media, flyers, presentations or in conversations do not constitute binding offers unless expressly designated as such.
3.By submitting a booking enquiry, registration, online booking or accepting an individual offer, the customer submits a binding offer to enter into a contract.
4.A contract is only formed upon explicit booking confirmation, travel confirmation, invoice or other declaration of acceptance by Hype in text form.
5.Until acceptance, Hype may decline a booking, in particular if availability is lacking, the vehicle is unsuitable, safety requirements are not met, information is incomplete or the applicant does not fit the designated travel group. After contract formation, only the statutory and contractually agreed rights of withdrawal, amendment and cancellation apply.
6.A maximum number of participants may be stated in the offer, travel contract or booking confirmation. A minimum number of participants is not agreed as standard, unless expressly stated in the pre-contractual information and in the contract.

§ 3 — Pre-Contractual Travel Information and Standard Form for Package Tours

1.For package tours, the traveller receives the legally required pre-contractual information before submitting their contractual declaration, in particular the essential characteristics of the travel services, the total price, payment conditions, cancellation terms, details of the tour operator, any passport, visa and health formalities, and the statutory standard form for information on package tours.
2.The pre-contractual information becomes part of the contract, unless an express amendment is agreed before contract formation.
3.Hype provides the traveller with a travel confirmation or copy of the contract on a durable medium at or immediately after contract formation.
4.The traveller is obliged to check the received information, travel documents, invoices and payment plans for accuracy without delay and to notify Hype of any discrepancies that are evident.

§ 4 — Insolvency Protection, Security Certificate and Advance Payments

1.For package tours, Hype only requests or accepts advance payments on the tour price before completion of the journey if the legally required insolvency protection is in place and the legally required details of the insurer or a security certificate have been made available to the traveller in a clear, comprehensible and prominent manner.
2.Without effective insolvency protection or without provision of the required information, the traveller is not obliged to make advance payments on the package tour price.
3.Details of the insurer: [Name of insurer/travel security fund], [contact details], [security certificate information to be completed].

§ 5 — Prices, Deposit, Instalment Payments and Default

1.The tour price or event price is set out in the offer, travel information, travel contract, booking confirmation or invoice. Additional costs, optional services, tolls, fuel, parking fees, insurance, upgrades or other services not included are only owed if they were transparently disclosed before contract formation or individually agreed.
2.For package tours, the deposit is stated in the relevant offer and booking confirmation. As a conservative standard, a deposit of 20% of the tour price applies upon contract formation and provision of the legally required insolvency protection.
3.A higher deposit, in particular up to 50% of the tour price, may be agreed for high-value, curated or individually assembled premium tours, provided this is transparently disclosed in the specific offer and is objectively justified by concrete advance services, reservations or non-cancellable service provider costs.
4.The remaining tour price may be paid in up to six equal or otherwise agreed monthly instalments in accordance with the individual payment plan. Instalment payment is free of charge unless expressly agreed otherwise; no financing interest or separate instalment payment fees are charged.
5.The final instalment or full tour price must be received no later than 30 days before the start of the tour, unless a later legally permissible due date is agreed in the offer. For short-notice bookings, the full tour price may be due immediately.
6.If the customer falls into default with a payment due, Hype may, following a reminder and a reasonable grace period, withdraw from the contract and claim cancellation compensation in accordance with these Terms or on the basis of actual damages. Statutory default rights remain unaffected.
7.Participation may be refused for as long as outstanding payments have not been received in full.

§ 6 — No Ordinary Consumer Right of Withdrawal; Right of Withdrawal for Package Tours

1.For date-specific leisure, transport, accommodation, catering and event services, there is generally no statutory consumer right of withdrawal where a specific date or period has been agreed.
2.For package tours, instead of an ordinary right of withdrawal, the traveller has the statutory right to withdraw from the package travel contract at any time before the start of travel. In this case, Hype may demand reasonable cancellation compensation, unless a statutory exclusion of compensation applies.

§ 7 — Withdrawal by the Traveller for Package Tours / Cancellation Fees

1.The traveller may withdraw from the package travel contract at any time before the start of travel in text form. The relevant date is the receipt of the withdrawal declaration by Hype.
2.
If the traveller withdraws, Hype loses the claim to the agreed tour price but may demand reasonable compensation. Unless a different flat fee is stated in the offer, the following cancellation fees apply:
- a)up to and including 90 days before departure: 20% of the tour price
- b)from the 89th to the 60th day inclusive before departure: 35% of the tour price
- c)from the 59th to the 31st day inclusive before departure: 60% of the tour price
- d)from the 30th to the 15th day inclusive before departure: 80% of the tour price
- e)from the 14th to the 7th day inclusive before departure: 90% of the tour price
- f)from the 6th day before departure, in the event of no-show or withdrawal after the start of travel: 95% of the tour price, in each case after deduction of saved expenses and any alternative use of the travel services
3.The traveller expressly retains the right to demonstrate that no costs or substantially lower costs were incurred. Hype reserves the right to claim a specifically calculated reasonable indemnity instead of the flat fee.
4.Hype may not claim compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the execution of the package tour or the transport of persons to the destination.
5.Refunds, where legally owed, are made without delay and for package tours at the latest within 14 days of withdrawal.

§ 8 — Withdrawal / Cancellation for Events and Other Services

1.For date-bound events, day tours, driving events and other services that do not constitute a package tour, the cancellation terms stated in the offer apply.
2.
Unless a deviating arrangement has been agreed, the following cancellation flat fees apply:
- —up to 30 days before the event: 20%
- —from the 29th to the 14th day: 50%
- —from the 13th to the 7th day: 80%
- —from the 6th day, in the event of no-show or cancellation due to reasons attributable to the customer: 95% of the total price
3.The customer retains the right to demonstrate that Hype suffered no loss or a substantially smaller loss. Hype reserves the right to demonstrate a higher actual loss.
4.A substitute participant may attend if they meet the contractual and actual participation requirements and Hype does not object to the substitution on substantive grounds.

§ 9 — Transfer of Contract and Substitute Traveller for Package Tours

1.The traveller may declare, within a reasonable period before the start of travel and on a durable medium, that a third party is assuming the rights and obligations under the package travel contract.
2.The declaration is deemed timely if it reaches Hype no later than seven days before the start of travel.
3.Hype may object to the third party's assumption if they do not meet the contractual travel requirements or if statutory provisions, official orders, safety requirements or substantive participation conditions prevent this.
4.The original traveller and the substitute traveller are jointly and severally liable for the tour price and for any reasonable and actually incurred additional costs arising from the transfer.

§ 10 — Amendments, Cancellation and Force Majeure by Hype

1.Hype may make amendments to individual travel services before the start of travel if the amendment is insignificant, does not affect the overall character of the tour and is communicated to the traveller in a clear, comprehensible and prominent manner. Statutory rights of the traveller in the event of significant changes remain unaffected.
2.Hype may cancel a tour or event if Hype is prevented from carrying it out due to unavoidable, extraordinary circumstances, official orders, security risks, road closures, weather conditions, natural events, civil unrest, strikes, pandemic situations, border closures or comparable circumstances.
3.Cancellation due to failure to reach a minimum number of participants only applies if a specific minimum number was expressly stated before contract formation and agreed in the contract. No minimum number of participants is agreed as standard.
4.In the event of a justified cancellation before the start, Hype will refund payments already made, to the extent legally owed. Further claims exist only in accordance with mandatory statutory provisions.

§ 11 — Scope of Services, Routes, Safety and Programme Amendments

1.The nature and scope of services are set out in the tour description, offer, pre-contractual information, booking confirmation and these Terms and Conditions.
2.Routes, timetables, meeting points, restaurants, hotels, guides, programme items and other organisational elements may be adjusted for substantive reasons, in particular for safety, weather, traffic, regulatory, availability or quality reasons. For package tours, statutory rights in the event of significant changes or travel defects remain unaffected.
3.Safety takes priority over the exact execution of an announced programme. Hype, tour guides and authorised persons may issue instructions where necessary for safety, organisation, consideration for others, noise avoidance, and the protection of persons, vehicles or contractual partners.

§ 12 — Supercar Tours, Traffic Regulations and Non-Racing Character

1.Supercar tours and driving events organised by Hype are not races, not motorsport events, not regularity trials, not competitions and not events aimed at achieving maximum speeds.
2.Each driver drives at their own responsibility and is obliged to comply with all laws, traffic regulations, official requirements, toll, environmental, noise and safety regulations.
3.Drivers must hold and carry a valid driving licence. Hype may refuse or terminate participation if evidence is missing or there are doubts regarding fitness to drive, insurance coverage, roadworthiness or regulatory compliance.
4.An absolute prohibition on alcohol and narcotics applies to all drivers. Reckless driving, tailgating, posturing on public roads, unnecessary noise disturbance, burnouts, dangerous overtaking manoeuvres or any other endangerment is prohibited.
5.Fines, penalties, toll violations, towing costs, damages and other personal consequences arising from a participant's own conduct are borne by that participant.

§ 13 — Personal Vehicles, Insurance and Vehicle Risks

1.Where participants take part with their own or self-rented vehicles, they do so at their own responsibility and risk. Unless expressly agreed, Hype does not provide a vehicle and assumes no obligations as keeper, driver or insurer.
2.Participants are themselves responsible for registration, roadworthiness inspection, insurance coverage, international coverage, breakdown protection, tyres, brakes, fluids, toll and environmental permits, technical roadworthiness and suitability of the vehicle.
3.Damage to the participant's own vehicle, diminution in value, wear, stone chips, technical defects, recovery, towing, repair and transport costs are borne by the participant, unless Hype is liable for the damage pursuant to the liability provisions of these Terms and Conditions.
4.Hype recommends reviewing motor liability insurance, comprehensive insurance, international coverage, breakdown protection, group driving, participation in organised tours and return transport of the vehicle before the start of travel.

§ 14 — Vehicle Branding, Livery and Sponsor Elements

1.Where a tour includes vehicle livery, start numbers, sponsor elements or branding, this will be stated in the offer or booking confirmation.
2.Before application, the participant must inform Hype of any special surfaces, fresh paintwork, special finishes, ceramic coatings, matte paint, PPF, vinyl wraps, sensitive glass, prior damage or other risks.
3.Application and removal are carried out in accordance with instructions from Hype or the manufacturer. Removal by the participant is done at their own responsibility.
4.Hype is liable for damage to paint, vinyl, PPF, ceramic, glass, seals or other surfaces only in accordance with the liability provisions of these Terms and Conditions.

§ 15 — Photography, Audio and Video Recordings / Separate Consent

1.Photos, audio and video recordings may be taken during tours and events. Hype may use overview, group, atmosphere and documentary recordings to the extent permitted by law for internal documentation, reporting and presentation of the event.
2.Commercial use of recordings in which individual persons, licence plates or vehicles are clearly identifiable as the main subject only takes place on the basis of a separate consent or another valid legal basis.
3.Granting media consent is voluntary and is not a prerequisite for participation, provided that the specific travel service can be rendered without such consent.
4.Consent may be withdrawn at any time with effect for the future. The lawfulness of processing carried out prior to withdrawal remains unaffected.
5.Customers who do not wish to appear in identifiable recordings should notify Hype before the event begins, so that Hype can take this into account organisationally to the extent practically possible.

§ 16 — Data Protection

1.Hype processes personal data for the initiation, performance and settlement of the contract, for communication, invoicing, organisation, security, fulfilment of legal obligations and, where necessary, for disclosure to service providers such as hotels, restaurants, guides, venues, payment service providers, insurers, authorities or other involved third parties.
2.Further information on legal bases, retention periods, recipients, data subject rights and contact details can be found in Hype's Privacy Policy at: [Link to Privacy Policy].
3.A separate consent form is used for commercial photo, video and audio processing where required.

§ 17 — Travel Documents, International Travel, Health and Insurance

1.The traveller is themselves responsible for carrying valid identity, visa, driving licence, vehicle, insurance, toll, environmental and health documents, except where Hype is legally required to provide specific information.
2.For package tours, Hype provides information before contract formation on general passport, visa and health requirements to the extent they are relevant to the tour.
3.Hype recommends taking out appropriate insurance, in particular travel cancellation insurance, travel curtailment insurance, international health insurance, international vehicle coverage, breakdown protection and, where applicable, repatriation insurance for vehicle and persons.

§ 18 — Notification of Defects, Remedy and Cooperation for Package Tours

1.The traveller must report any travel defects without delay to Hype, the designated contact point or the tour guide, so that remedial action can be taken.
2.Hype may provide remedy where this is necessary and reasonable. The traveller is obliged, within reasonable limits, to cooperate in avoiding or minimising damages.
3.Mandatory statutory rights of the traveller in respect of travel defects, price reduction, termination, damages or reimbursement of expenses remain unaffected.

§ 19 — Liability of Hype

1.Hype is liable without limitation for damages arising from injury to life, body or health, for intent and gross negligence, for guarantees and in all cases of mandatory statutory liability.
2.In the event of slightly negligent breach of material contractual obligations, Hype's liability is limited to the typical, foreseeable damage. Material contractual obligations are those whose fulfilment first makes proper performance of the contract possible and upon which the customer may regularly rely.
3.Otherwise, Hype's liability for slight negligence is excluded to the extent permitted by law.
4.For package tours, Hype may limit liability for damages that are not personal injuries and were not caused through fault to three times the tour price in accordance with § 651p BGB. Mandatory rights of the traveller remain unaffected.
5.Hype is not liable for damages or disadvantages attributable solely to the customer's own conduct, traffic violations, autonomous driving decisions, technical defects in the customer's vehicle, missing documents, inadequate insurance coverage or failure to follow safety instructions.

§ 20 — Consumer Dispute Resolution

1.Hype is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless otherwise required by mandatory law.
2.The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Statutory information obligations in the legal notice and privacy policy remain unaffected.

§ 21 — Final Provisions, Governing Law and Jurisdiction

1.German law applies. In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the country in which the consumer has their habitual residence.
2.If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Hype. For consumers, the statutory places of jurisdiction apply.
3.Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory regulations.