Polestar Driving Experience
General Terms and Conditions
1. Subject matter of these General Terms and Conditions
The subject matter of these General Terms and Conditions is the regulation of rights and obligations in connection with the participation in the Polestar Driving Experience and its associated services (“Event”).
2. Participant, Organizer, Contractual Partner and Seller
The participant is you, the person purchasing and participating in the Event. The partner of the purchaser(s) of the Event ("Participant") is Polestar Performance AB, Assar Gabrielssons Väg 9, SE-405 31 Göteborg, Sweden and Polestar Automotive USA Inc. (collectively, "Polestar"). Polestar has commissioned an agency ("Agency") to organize the Event. The Event is offered and sold via the Polestar Additionals Shop, additionals.polestar.com, operated by Prominate AB, Prominate Inc., or one of its affiliates (hereinafter also "Prominate").
3. Conclusion of contract
3.1. The Participant can select the desired date of the Event and book it online in the Polestar Additionals shop. By paying for the order in the Polestar Additionals shop the Participant accepts these General Terms and Conditions and submits a binding offer. After this the Participant will receive an order confirmation via e-mail provided by Prominate. This e-mail does constitute acceptance of the contract ("Contract"). However, Polestar will send the Participant a separate [invite to participate] via email, which requires the Participant to provide Polestar with additional information, e.g. on his/ her driving license. If the Participant fails to provide Polestar with the complete information within the requested time period or if this information results in Polestar realizing that the Participant is not eligible to participate in the Event (see Sec. 6), Polestar is allowed to withdraw from the Contract. Any Price (as defined below) paid in advance will be refunded to the Participant within approximately 14 days (reference is made to Sec. 9.5). Therefore, the conclusion of the Contract according to this Sec. 3.1, sentence 4 is subject to the condition that the information requested by Polestar is complete and correct and that there are no grounds for exclusion of the Participant. The General Terms and Conditions are downloadable during the purchasing process and will also be sent to the Participant in text form (by e-mail) together with the invitation e-mail. Only the English language is available for the conclusion of the Contract.
3.2. Third parties (e.g. the Agency, hotels or transport companies) are not authorized by Polestar to make agreements, to provide information or to make assurances which alter the agreed content of the Contract or go beyond the Agreed Services (see below) offered by Polestar.
4. Payment Terms
Since the purchase is made via the Polestar Additionals Shop, the respective payment terms of the Terms & Conditions of Prominate (Sec. 3.2) do apply for the purchase of the Event as well as payment of the participation fee ("Price"). The respective T&Cs can be found here: https://additionals.polestar.com/terms-conditions/.
5. Services
5.1. The contractually agreed services of the Event are set out in the description in the Polestar Additionals Shop ("Agreed Services"). Travel to and from the Event is not included in the Agreed Services, unless stated otherwise.
5.2. Polestar may, at its own discretion, change the Agreed Services at any time prior to the conclusion of the Contract. After the conclusion of the Contract Polestar may make changes or deviations from the Agreed Services if these changes (i) become necessary, (ii) are not due to actions on the part of Polestar and (iii) are of minor significance and do not impair the overall nature of the event booked. Any warranty claims shall remain unaffected, in particular if the changes to the Agreed Services are subject to defects. Polestar will inform the Participant of any changes to or deviations from the Agreed Services accordingly.
5.3. In the case of significant changes of an essential character to an Agreed Services or the deviation from special requirements of the Participant that have become a part of the content of the Contract, the Participant is entitled, within a reasonable time set by Polestar when notice of the change is given (i) either to accept the change (ii) or withdraw from the travel contract at no extra charge (iii) or demand participation in a substitute trip if Polestar has offered such a trip. The Participant has the choice whether to respond to Polestar's notice or not. If the Participant responds, the Participant can either accept the change, demand participation in a substitute trip or withdraw from the Contract free of change. If the Participant does not respond to Polestar within the set deadline, the change noticed of the Agreed Services shall be deemed accepted.
5.4. If necessary due to weather conditions, orders issued by the relevant authorities for safety or other material reasons or as a result of circumstances unforeseeable at the time of the conclusion of the Contract, Polestar reserves the right to adapt the driving experience program to the circumstances (e.g. by changing the vehicle models, tires or sections of track used) in order to ensure the safety of the Participants. Such changes shall not affect the agreed participant fee, provided that they do not constitute a material change to the event booked.
6. Participants' Rights and Obligations
6.1. Only persons who are at least 21 years of age, who holds a valid drivers license for passenger cars in the country in which the Event takes place (this includes EU driving licenses) and who have not been banned from driving by the authorities may participate in the Event. The Participant shall consult the relevant authorities to find out whether the Participant´s driving license is valid in said country. The driving license must be produced at the driving experience program venue.
6.2. During the driving experience program there is an absolute ban on drugs and alcohol or any other substance or medication that may impair the Participant's ability to operate a vehicle. In the event of a breach of this rule, Polestar is entitled, at its own discretion, to exclude the Participant from further participation. In such cases, the Price will not be refunded.
6.3. During the driving experience program the Participant must behave in a disciplined manner and follow the instructions of the instructors at all times. Polestar vehicles will be provided. There is no entitlement to a particular vehicle.
6.4. The Participant is responsible for obtaining and carrying any travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. The Participant shall inform himself/herself in detail about the current Covid-19 measures/requirements before traveling to the Event. Any disadvantages arising from non-compliance with these provisions shall be borne by the Participant.
6.5. The official language spoken during Event and in particular spoken during the instructions at the driving experience program is solely English.
7. Insurance and Deductible
7.1. The Price includes a general liability insurance that covers personal injuries that happen during the driving experience program as well as a fully comprehensive insurance for the Polestar vehicles. Polestar will share the terms and conditions of the insurances with the Participant upon request.
7.2. In the event of damage to the vehicles provided by Polestar for which the Participant is responsible, the Participant shall reimburse an amount of up to $1,352.00 USD collected by insurance.
7.3. If the insurer is released from liability due to intent or gross negligence on the part of the Participant or if damage occurs through the fault of the Participant which is not covered by the comprehensive insurance, the Participant shall be liable for all damage caused by the Participant.
7.4. It is recommended that the Participant takes out additional travel cancellation insurance, health, accident and personal liability insurance, as well as insurance to cover repatriation costs in the event of accident or illness.
8. Participant's Right of Cancellation, Cancellation Fees
8.1. The Participant may cancel the Contract any time prior to the start of the Event. The date of receipt of the cancellation is definitive in this respect. Participants are required to submit notification of their cancellation in writing.
8.2. If the Participant cancels or does not show at the Event, Polestar is entitled to charge the following cancellation fees:a) up to 90 days before the start of the Event: 20 % of the Price; b) from the 89th day to the 30th day before the start of the Event: 50 % of the Price; c) from the 29th day to the 14th day before the start of the Event: 80 % of the Price; d) from the 13th day before the start of the Event: 90 % of the Price.
8.3. Up to the start of the Event, the Participant may request that his/ her rights and obligations under the Contract shall be transferred to a third party. Polestar may object to the substitution of the Participant by the third party if the third party does not meet the necessary requirements for the Event or if the participation of the third party is prohibited by statutory or official regulations or directives. The substitute participant shall be jointly and severally liable with the Participant for the Price and the additional costs incurred by the entry of the substitute participant.
8.4. The Participant's statutory right of cancellation is excluded because the Agreed Services owed by Polestar under the distance selling deal includes, in addition to the driving experience program, an overnight stay as is therefore considered to be a package travel. In addition, the distance contract concluded with Polestar provides for a specific date at the time of registration.
9. Polestar's Right to Cancellation and Force Majeure
9.1. Polestar may cancel the Contract up to 14 days before the start of the Event if the minimum number of participants specified in the Agreed Services is not reached.
9.2. Polestar may terminate the contract before the start of the Event if Polestar is prevented from fulfilling the contract due to unavoidable and exceptional circumstances. In this case, Polestar must give notice of termination immediately after being informed of the reasons for termination.
9.3. Polestar also reserves the right to cancel events due to weather conditions (e.g. for winter training due to lack of ice).
9.4. In all cases mentioned above in this Sec. 9 Polestar shall refund the Price paid by the Participant in advance within approximately 14 days after cancellation. Costs for individual travel (including, but not limited to, airfare or other transit costs, accommodations) are excluded from reimbursement.
9.5. The amount paid by the Participant in advance will be refunded by Prominate, less any applicable cancellation fee. Sec. 3.3, sub-para. 4 of the Terms and Conditions of Prominate applies in addition.
9.6. Polestar may terminate the Contract without notice if the Participant, despite a warning from Polestar or the Agency, seriously disrupts the performance of booked Agreed Services or if they behave in such a manner contrary to the Contract that the immediate cancellation of the contract is justified. In this case Polestar retains the right to the agreed Price.
9.7. If the Event is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time the Contract was concluded, Polestar may cancel the Contract. In the event of cancellation, Polestar is obliged to take the necessary measures as a result of the cancellation of the Contract. The additional costs resulting from these measures shall be borne by Polestar. Otherwise, the additional costs shall be borne by the Participant.
10. Liability
10.1. Participant takes part in the Event sold by Polestar at his/her own risk.
10.2. If there is a deficiency, the Participant is entitled to claim damages, irrespective of any reduction in the Price or cancellation, unless the deficiency was caused by the Participant or a third party who is not the service provider or otherwise involved in the provision of the services included in the trip and which Polestar was unable to prevent, or by unavoidable and exceptional circumstances.
10.3. Polestar's contractual liability for damage other than personal injury is limited to three times the Price of the Event.
10.4. For non-contractual claims for damages, Polestar shall as far as allowed by applicable law only be liable to the Participant for up to three times the Price. Excluded from this are claims for damages arising from injury to body or health as well as liability for other damages based on an intentional or grossly negligent breach of duty by Polestar.
10.5. In the event of a breach of contractual obligations, Polestar shall only be liable for the foreseeable damage typical for the contract if this has been caused by simple negligence. Further claims for damages are excluded.
10.6. The personal liability of Polestar's legal representatives, vicarious agents and employees for damage caused by them through simple negligence is excluded.
10.7. Insofar as a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions on the basis of international conventions or statutory provisions based on such conventions which are applicable to the services to be provided by a service provider, a claim for damages against Polestar cannot be asserted or can only be asserted under these conditions.
11. Data Privacy
For sales via Prominate AB the following applies: Personal data that you provide to us will be electronically processed and used if required for the purposes of fulfilling the Contract. Polestar and Prominate AB act as joint controllers. All of your personal data will be processed in accordance with Swedish and local data privacy laws. For sales via Prominate Inc. the following applies: Under US privacy laws, Polestar Performance AB is a service provider to Prominate. Further information on the handling of your data can be found in Polestar's privacy policy: polestar.com/legal/privacy/privacy-policy/.
12. Place of Jurisdiction and Applicable Law
12.1. If any provision of the Agreement is invalid, this shall not affect the validity of the Agreement as a whole unaffected. The same applies to these terms and conditions.
12.2. The contractual relationship between the Participant and Polestar shall be governed exclusively by Swedish law. The same applies to the entire legal relationship.
12.3. Insofar as the Participant brings an action against Polestar in a foreign country and Swedish law does not apply Polestar and Swedish law does not apply to Polestar liability on the basis of the cause of action, Swedish law shall apply exclusively to the legal consequences, in particular with regard to the type, scope and amount of the Participant's claims.
12.4. For any and all claims present and future which arise from or in connection with the Contract raised by fully qualified merchants, by people who do not have a general place of jurisdiction in Sweden, or by people who have changed their residence or have moved abroad after this Contract was concluded or by people whose place or residence or habitual abode is unknown at the time the action is brought as well as passive litigation, the exclusive jurisdiction shall be Gothenburg, Sweden. For legal action by Polestar against the Participant who has its domicile or habitual abode in Sweden the place of residence of the Participant is decisive.
12.5. The aforementioned conditions on the choice of law and the legal venue do not apply,
a) if and insofar as something else applies in favor of the Participant on the basis of contractually mandatory regulations of international agreements and which are applicable to the contract between the Participant and Polestar, or
b) if and insofar as mandatory regulations in the member state of the European Union to which the Participant belongs are applicable to this contract and are more favorable to the Participant than the regulations in these terms and conditions or the applicable Swedish provisions.
13. Severability
In the event any provision of these General Terms and Conditions is wholly or partly invalid, the validity of the General Terms and Conditions as a whole shall not be affected, and the remaining provisions of the General Terms and Conditions shall remain valid.