Terms & Conditions 

GENERAL TERMS OF PARTICIPATION IN THE K.K. DRIVING EXPERIENCES PROGRAM 


 

This text constitutes the General Terms and Conditions for participation in the "K.K. DRIVING EXPERIENCES” program organized by K.K. KALDIS AUTOMOBILE BUSINESS LIMITED LIABILITY COMPANY. Participation in this program implies the express and unconditional acceptance of these terms, which are set forth as such, and may not be modified or partially accepted by the participants.

PROGRAM DESCRIPTION

When participating in the K.K. DRIVING EXPERIENCES Program, participants acknowledge that they are participating in a process that poses risks to their physical integrity and health and are therefore called to sign the LEGAL RESPONSIBILITY AND LIABILITY WAIVER, the content of which is also posted HERE.

As stated in the application form for the K.K.  DRIVING EXPERIENCES Program, participants obtain the opportunity to experience the experience of racing a specially designed racing car in a specially configured race course, as well as the ability to drive a 4x4 car on off-road special routes. The choice of vehicles, venue, and route are the sole responsibility of the Host, who may change it without prior notice to the participants. When participating in the Program, participants choose to be the driver of the vehicle themselves or to be in the co-driver's seat.

The duration of the Program will be approximately 4-5 hours, while the Host may at their discretion increase or decrease it, depending on the conditions and participants.

During the program, there will be special on-course, on-road and off-road trips, dining at partner restaurants and taverns, where a specific menu will be distributed, the cost of which is included in the Program. 

Transfer of participants to the venues where the program will take place and their return to their accommodation will be at the Host's responsibility and is included in the cost of participation.

Participation in the Program implies full acceptance of the Host's suggestions, both on how the program is to be conducted and on the timetable to be followed.

To participate in the Program, the following are cumulatively required:

A) explicit and unconditional acceptance by the participants of the  LEGAL RESPONSIBILITY AND LIABILITY WAIVER.

B) Participants must hold a driver's license (in the case of vehicle drivers). The driver’s license must have been issued 1 year before the date of participation in the Program.

C) They must be adults over 21 and holders of a driver's license to participate as drivers or be adults over 18 to participate in the Program as co-drivers or minors over 10 years (to participate as a co-driver on a track) or minors over 3 years (for occupants in a special 4x4 vehicle and in a special seat) provided that the parent or guardian has accepted the  LEGAL RESPONSIBILITY AND LIABILITY WAIVER on the name and on behalf of the minors.

D) they must be healthy

E) they must have made an advance payment with the cost of participation in the Program in accordance with the Special Conditions and have completed the required participation form.

Persons with serious health problems, mobility problems (such as that make safe participation impossible), persons who are under the influence of alcohol, drugs and other psychotropic drugs, over-stimulating and musculoskeletal drugs, people with mental disorders, persons with mental illnesses, persons with mental disorders carrying dangerous materials such as those contained in the Weapons and Explosives Act are expressly disqualified from participating in the Program. 

The Host may prohibit the participation of any person who, at its discretion, who is at risk of causing damage and injury (physical and material) to other participants, to the Host, or even to themselves.

The Host has insured all of its vehicles providing death cover & third party injury and third party liability. In the Basic Accident Insurance, the amount of damage liability is limited depending on the vehicle category and is explicitly mentioned in the special conditions. In particular, damages caused by the Participants are not covered if they failed to comply with the Host's instructions. Personal insurance is available for an extra charge per day. 

For any damage done to the Host or to a third party by the participant due to deliberate or gross negligence, the Host reserves the right to claim full compensation for damages and compensation for the persons whose health was damaged.

In accordance with the  LEGAL RESPONSIBILITY AND LIABILITY WAIVER, the participants expressly acknowledge and agree by their signature that:

They have fully read, understood and accepted the terms and conditions of participation in the Program carried out by the Host. 

They have understood and agree that neither the Host, nor its directors, executives, employees, drivers, trainers, external associates, agents, representatives, successors and assignees, volunteers assisting, rescuers, as well as sponsors, or any body or organization whose products may be used in carrying out the activities, as well as any other potential stakeholder, employee or volunteer (hereinafter referred to as "Exempt Persons'), may be held responsible or co-responsible in any way and at any rate for any harm (including mental distress and moral damage), which may result to themselves, their families, heirs or delegates, or third parties as a result of their participation in the Program or as a result of the negligence of each party, including the Exempt Persons, either indirectly or directly. 

They declare that neither themselves nor their family, their heirs or their delegates, have the right to make any claim against the Exempt Persons, and will not bring any action or lawsuit against the Exempt Persons as a result of their participation in the activities of the Program. They declare that they waive any claim against the Exempt Persons for any liability for any damage resulting from their participation in the activities of the Program, for any reason whatsoever, including the negligence of the Exempt Persons. They understand that they are responsible for the equipment they will use in the above activities and are committed to maintaining it in optimum operating condition, regardless of the source / supplier of their equipment. They undertake to maintain their bodily integrity and they release Exempt Persons of any liability for compensation for material damage or personal injury they may cause to third parties as a result of their participation in the Program. They release the Exempt Persons from any liability for any costs that may arise for medical expenses, search and rescue and litigation as a result of their participation in the activities.

Additionally:

They recognize and fully and unconditionally acknowledge that they will engage in activities that involve serious risk of injury, including but not limited to temporary or permanent disability and death and significant economic and social losses, which may result not only from acts or omissions whether due to negligence, but also by acts, omissions by third parties, even if due to negligence, by the condition of routes, facilities or equipment to be used. They also fully acknowledge and accept any other risk that may come up and may not be known to the Hosts or that may not be foreseen at the present, in accordance with the rules of logic and lessons learned. 

They undertake and accept all of the foregoing risks and undertake personally and without limit the responsibility for any partial or total damage resulting from such injury, temporary or permanent disability or death, of their own person or of the accompanying persons.

They recognize that vehicle accidents and overturns, inexperience of drivers and dangerous driving conditions are a frequent occurrence in this type of event that takes place in general outdoor activities and are due to physical forces or human factors. The negligence of other participants and their unsuccessful attempt to carry out an activity are for all the above-mentioned activities, a cause for accidents. 

They understand that the above activities may involve inherent risks to their health and physical integrity, even to their death. They understand that these activities are carried out in locations that may be away from a hospital or from which it is impossible to transport them to it. However, they choose to participate in the above activities despite the increased risk due to the potential distance from hospital in case of injury. They undertake not to perform any of the above activities without the use of the necessary and appropriate equipment and without complying with the general rules for carrying out the activities.

 

They declare that they participate in the Program with a clear awareness of the risks and adverse conditions associated with it and also declare that they are willing to assume responsibility for all of injury risks associated with their participation in these activities, as well and for any damage or injury that may be caused to third parties by their participation in such activities, including any related risks of damage, whether possible to be foreseen or not.

They waive any claim for damages (indicative due to death, injury to their body or health or property damage) and for any representative, heir, proxy, their next of kin, where such cause(s) may have arisen (or in the future) for any of the Declarants because of their participation, from the managers, agents, executives, owners and employees, other participants, security personnel, sponsors and in general of the proxies of the hosts and, where appropriate, from the facilities to be used as part of the event.

They promise not to cause harm, to safeguard and indemnify the Hosts completely and each and every individual, being jointly and severally liable for any damage, positive or consequential damage (loss of profit) they may suffer as a result of their participation in the Program or from any other cause, even if this is due to the negligence of the Hosts.

Regarding their participation in the event, they expressly consent and grant without any reservations to the Hosts, without the Hosts being obliged to pay them any compensation, the right to use their name, their voice, their statements, their photographs, their image, their style, their actions during the event and / or details of their curriculum vitae in any live or videotaped format (including but not limited to any form of presentation, whether photographic, video or in other types of transmission or reproduction) in whole or in fragments, for promotional purposes, commercial or other, without time limit, at a worldwide basis, in any medium of communication, whether currently existent or to be created in the future. They have been informed of their rights under the GDPR and about the data controller appointed by the Host. 

They declare and acknowledge that they are in excellent health and there is no reason and no limit to their fitness and health that would hinder their participation in the event. In case of damage to their health, they give the Host their explicit consent in order to provide them with emergency medical care. 

They acknowledge that the Hosts may exclude participants who do not have the necessary supporting documents to participate (e.g., being of legal age, driver's license, etc.) or for any other reason that would endanger their personal safety as well as of the other participants of the Activity. From this exclusion, they will have no claim or request compensation even for a refund of the money already paid.

They understand that all terms (General Terms, Special Terms,  LEGAL RESPONSIBILITY AND LIABILITY WAIVER and CONSENT FORM FOR KEEPING AND PROCESSING PERSONAL DATA) are contractual in nature and are not a mere description. In so doing, they waive any right to sue for the aforementioned causes as a result of their involvement in the above activities. They hereby declare that this agreement is valid and binding upon their heirs, relatives, executors of the will, their rights managers, assigns and agents, in the event of their death, irreparable injury or other injury. They declare that any rights, duties and obligations between them and the Host are governed by and construed exclusively by the laws of the Hellenic Republic and by no other legal order, and that any disputes relating to themselves and the Host shall be resolved exclusively within the confines of the Hellenic Republic, under the exclusive jurisdiction of the Courts of Athens.

They state that during their transaction with the Host, and before concluding any agreement with it, they were not given and they did not rely on any verbal or written assurance or statement by the Exempt Persons regarding the safety in carrying out the activities of the Program, except those explicitly defined.