Cancellation policy

GENERAL TERMS AND CONDITIONS

1)   The Contract.

A contract for the supply of the event booked with Master Switch, Avenue Louise 523, 1050 Brussels, Belgium, VAT number BE0432696412 (hereinafter referred to as ‘Master Switch’) will be concluded only when the client (hereinafter referred to as the ‘client’) has received confirmation from Master Switch that its booking (hereinafter referred to as the ‘Booking’) has been accepted. Once the Booking has been accepted and prepayment has been made, a legally binding contract. This also means that the Client will not have a reservation for the event until the prepayment has been made.

If the Client books for other persons/legal entities ((a) and (b) hereinafter referred to as the ‘Client’s Participants’), the Client will be responsible for all the Client’s Participants.     

This also means that the Client must inform the Client’s Participants about the Contract and its terms and conditions in order to oblige them to comply with these rules. If the Client’s Participants fail to comply, the Client will be solely responsible for any damage that arises as a result, whether this damage is suffered by the Client, the Client’s Participants, Master Switch or others (notwithstanding the right for Curbstone to take legal action against the Client’s Participants).

The Client undertakes to hold Master Switch harmless in respect of all possible claims from the Client’s Participants/passengers against Master Switch.

2)   The Price and payment.

The price the event will be notified on the website or in promotional literature. Master Switch reserves the right to modify the price at any time prior to acceptance of the Booking. In such circumstances, the client will have the right to cancel its booking and receive a full refund.

Unless otherwise agreed by both parties, the full payment for the event must be made by bank transfer.

3)   Privacy Statement.

Master Switch attaches great importance to protecting the Client’s privacy and acts in this instance as controller of the personal data which the Client provides to Master Switch via its website, during its events or via emails.

The client guarantees that the data they provide are its personal data, or that he has explicit consent from the corresponding individual to use it and disclose it to Master Switch in accordance with the applicable data protection legislation. Master Switch cannot be held be liable for any consequences of providing inaccurate data.

Master Switch may use the personal or business data provided by the client for the following purposes:

• Customer management purposes, for instance to allow the client to book and/or participate in events or to be able to respond to questions or requests from the client.

• Master Switch uses pictures based on its legitimate interest to capture moments from its events. However, whenever an image right can be invoked (e.g., when someone is clearly the main subject of the picture), pictures will be processed only with the consent of the data subject in question.

• If the client has given its consent, Master Switch may also use their personal data for direct marketing purposes by contacting the client via email, phone, post, etc. with newsletters containing information about specific communications relating to Master Switch events.

4)   Client’s rights.

• The Client has the right to ask for access to their personal data, for rectification and erasure of their personal data, or for restriction of processing in relation to their personal data, and to object to processing. The Client also has 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, the Client has the right to withdraw their consent at any time.

• The Client has the right to object, on grounds relating to their particular situation, to the processing of their personal data based on Master Switch’s legitimate interests, including profiling based on such interests.

• The Client has the right to object at any time to further processing of their personal data for direct marketing purposes.

They may exercise their rights by contacting Master Switch as indicated in the “How to contact us” section, below.

5)   How to contact us.

If the Client has any questions, concerns or comments regarding this Privacy Statement or if they wish to exercise their GDPR-related rights, they should contact Master Switch via email at contact@masterswitch.be, or by writing to:

Master Switch - Avenue Louise 523 1050 Brussels (Belgium)

6)   Covid statement.

Master Switch reserves the right to cancel the Client’s participation if the event and its organisation are affected by additional Covid security measures implemented by the local authorities, including restrictions, bans, border closures, or similar. In this case, the Client will be contacted as soon as possible. If the event is cancelled, the Booking fee will be fully refunded or, alternatively, Master Switch may offer the Client alternative dates or venues. Please note that under no circumstances will Master Switch be obliged to offer any additional reimbursement for any losses that are not related to the event booking fee.

7)   Right for the Client to cancel.

The Client may cancel their Booking by notifying Master Switch in writing or by email at any time up to 14 days prior to the event. In such cases, Master Switch will refund to the Client any booking fee paid, as follows:

• If Master Switch receives a cancellation notice more than 90 days prior to the event, the client will receive a full refund of monies paid.

• If Master Switch receives a cancellation notice more than 30 days but less than 30 days prior to the event, the Client will receive a full refund less an administration charge equal to 40% of the price (the prepayment price).

• If a cancellation notice is received by Master Switch more than 14 days but less than 30 days prior to the event, the Client will receive a full refund less an administration charge equal to 80% of the price.

Once accepted by Master Switch and unless stated otherwise in these conditions, the client may not cancel their Booking for any reason less than 14 days prior to the event.

8)   Cancellation by Master Switch.

Master Switch will use its best efforts to comply with this Contract.

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

(a) insufficient bookings have been taken to justify proceeding with the event (in such cases, Master Switch will inform the Client as soon as possible); or

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

Master Switch will endeavour to give as much notice of cancellation as possible and, in the event of cancellation, any booking fee will be refunded to the client in full or, alternatively, Master Switch will offer alternative dates or venues, where possible.

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

9)   Liability.

Master Switch organises car events (e.g. regularity rallies, tour, and roadbook events) and offers the client a accommodation, catering, and so on.

Master Switch acknowledges that car events can be dangerous if there are no rules and if Master Switch allows people to behave irresponsibly during a car event. For all events taking part on open roads, the code of the country where the event is taking place is applicable.

Failure to comply with the code is deemed a serious breach of contract.

Accidents can occur at any time. Master Switch cannot be held liable for accidents or for any damage to any vehicle or other property as a result of any accident. Consequently, if the Client is concerned about their vehicle or third-party liability, they must ensure that their vehicle is insured.

As a result:

• Master Switch may ban the Client concerned and/or their passengers/Client’s Participants from the event. In such circumstances, Master Switch will not be obliged to offer any compensation.

• Under no circumstances may Master Switch be held liable for any damage suffered by the Client or the Client’s Participants.

• The Client may be held liable for damage suffered by Master Switch or others.

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

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

Once again, Master Switch will not be obliged to offer any compensation if the police or a circuit, at its absolute discretion, refuses to allow the Client, its passenger or the client’s vehicle onto the public road or the track.

Unless precluded by law, none of the Parties will be liable towards the other Party for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill), however they arise.

If one of the Parties is liable in any way, such 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 the event of an accident. In such cases, the Client is fully liable for any potential damage which they, their 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. The Client 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.

Nothing in these terms and conditions is intended to limit any rights which one of the Parties may have as a consumer under the applicable local law or other statutory rights which may not be excluded, or in any way to exclude or limit Curbstone’s liability towards the Client for any death or personal injury resulting from Master Switch’s gross negligence.

10)              Invalidity.

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

11)              Entire agreement.

These terms and conditions, together with Master Switch’s current prices and Rules, the booking form and the contact details, set out the entirety of the Contract relating to the supply of the services to the Client by Master Switch. Nothing said by any sales person should be understood as a variation of these terms and conditions or as an authorised representation concerning the nature of the services offered.

Except in cases of fraud or fraudulent misrepresentation, Master Switch will have no liability in the event of any such representation being untrue or misleading.

12)              Notices.

All notices must be in writing and must be sent to contact address at Master Switch, Avenue Louise 523 1050 Bruxelles, Belgium. All notices from Master Switch to the Client will be sent by email or to the address set out on the booking form.

13)              Governing law – competent courts.

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