GENERAL TERMS AND CONDITIONS
of the individual contracts concluded in terms of the traffic safety and driving technique trainings and other services provided to third parties (hereinafter as: “Client”) at the traffic safety and driving technique training circuit (hereinafter as: “Training Circuit”) and at the connected centre (parking area, reception building, event area, hereinafter collectively as: Centre, the Training Circuit and the Centre hereinafter collectively as: “Complex”) established and operated by Drivingcamp Hungary Zártkörűen Működő Részvénytársaság (2072 Zsámbék, drivingcamp út 1., Cg. 13-10-041330, tax number: 23103513-2-13; hereinafter as: "drivingcamp") (drivingcamp and Client hereinafter collectively as: “Parties”) on the real property located at 2072 Zsámbék, drivingcamp út 1. (Zsámbék topographical lot number: 090/8).
1. Execution of the Contract
1.1 Unless otherwise provided by these General Terms and Conditions, the execution of the individual contract regarding the use of the services related to the Complex shall require the separate written contractual statement of the Parties. The agreement between the Parties shall, at least, specify the scope of the concerned services, the planned date/time and duration of the usage, and the consideration payable by the Client. The offer submitted for the execution of the individual contract related to the use of the Complex shall be deemed as duly made even if not made in writing, provided that the Client notifies drivingcamp about its intention to make a booking by completing the user interface on the website of drivingcamp (www.drivingcamp.hu) and by sending the respective data. (Communication of the written offer for the execution of the contract or the completion and sending of the website user interface and submission of the written order form hereinafter collectively referred to as: “Order”).
1.2 The individual contract about the use of the Complex shall be deemed executed even without a written acceptance, provided that drivingcamp confirms the Order to the Client by sending an e-mail to the e-mail address specified by the Client, with a content identical to that of the Order.
1.3 However, any deviation from the provisions of these General Terms and Conditions, or the application of any other General Terms and Conditions used by the Client shall require a separate written individual agreement by and between the Parties.
1.4 The Client shall be bound to the Order for 15 days reckoned from submission of the respective Order. Regardless of the time of delivery or viewing of the message, the individual contract about the use of the Complex shall be executed as of confirmation of the contents of the Order, if drivingcamp sends its written or e-mail confirmation message on the last day of the offer validity period to the postal address, fax number or e-mail address indicated by the Client in its offer.
1.5 Should the contents of the drivingcamp confirmation deviate from the contents of the Order, then such deviating confirmation (regardless of the extent of the deviation) shall be considered as a new contract offer, which remains binding for drivingcamp for 10 days reckoned from submission of such new offer. Regardless of the time of delivery or viewing of the message, the individual contract about the use of the Complex shall be executed as of confirmation of the identical contents of this new offer, if the Client sends its written or e-mail confirmation message on the last day of the offer validity period to the postal address, fax number or e-mail address indicated by drivingcamp in its counter offer. Drivingcamp restricts the option of acceptance of its offer exclusively to the conditions specified in the offer.
1.6 Except for the events expressly regulated under these General Terms and Conditions, if the individual contract has been executed, neither party shall be entitled to amend such contract unilaterally by adding significant conditions or conditions not qualifying as significant or to amend the individual contract in any other manner.
1.7 In the event actually more natural persons would like to use the services of the Complex as per the individual contract, this shall not affect the circumstance that the individual contract was executed exclusively by and between drivingcamp and the natural person or other legal entity acting as the client according to the Order and the confirmation, and hence the other participating persons are not entitled to demand the services from drivingcamp in their own name or to enforce any other claims vis-á-vis drivingcamp (except for any lawful claims arising from legislation).
2. Prices and Terms of Payment
2.1 Unless expressly otherwise stipulated by the individual contract, the price defined in the Order, in other words the contractual consideration, is a net price, and the value added tax payable by the Client shall be added to this price separately pursuant to the currently effective legislation.
2.2 Unless otherwise agreed, the rates specified on the website of drivingcamp on the day of submission of the respective Order shall be charged as a consideration payable for the services subjected by the contract. These rates include any and all costs and fees related to the provision of the services undertaken by drivingcamp (consideration payable for use of the Complex, remuneration to the instructors, water and electricity fees, excluding any possible fees payable for the catering type services).
2.3 Unless otherwise agreed, the Client shall be obliged to pay to drivingcamp 50% of the gross contract price, in cash or by bank transfer, within 15 days from execution of the individual contract, under the title of advance payment, whereas it shall be obliged to pay the remaining total gross consideration within 8 days from use of the services, at the latest, in cash or by bank transfer.
2.4 Payment of the part of the consideration due and payable prior to use of the Complex shall be a condition precedent to the right of use of the services.
2.5 If the Client notifies drivingcamp about its intention to make a booking by completing the user interface on the website of drivingcamp (www.drivingcamp.hu) and by sending the respective data, the contract price can be paid by direct bank transfer as well. After the service is ordered and the order is confirmed, the website of drivingcamp redirects the Client to the payment page of Unicredit Bank Zrt, where the Client is allowed, at its own discretion, to pay the contract price directly by its debit card, with the involvement of Unicredit Bank Zrt, via an encrypted transaction. The Client can select this option by clicking on “debit card payment” under the payment method selection, then the Client is obliged to enter on the payment server of Unicredit Bank Zrt his card number, its expiry date, and the card verification code (CVC/CVV) indicated on the back of the card in order to ensure a successful transaction. Unicredit Bank Zrt accepts the following cards: embossed VISA and MasterCard, Visa Electron and MasterCard Electronic (depending on the decision of the card issuing bank), and those Maestro cards which are equipped with a card verification code (CVC). The cards issued exclusively for electronic use shall only be accepted by Unicredit Bank Zrt if the usage of such card is permitted by the bank issuing the given card. Drivingcamp does not assume any liability for the payment transactions executed on the payment page of Unicredit Bank Zrt or otherwise for the conduct, actions or data management by Unicredit Bank Zrt.
2.6 The payment of the consideration (advance payment) shall be considered as duly performed when the respective amount is credited on the bank account of drivingcamp specified in the confirmation or upon its payment into the petty cash, as of the day of crediting/payment. Drivingcamp shall issue the respective advance payment invoice and send it to the Client within 5 days, with a performance date corresponding to the day of payment, based on the data provided in the course of the Order process. The final invoice shall be issued and sent concurrently with the use of the given service.
2.7 In the event at least 6 months pass between the execution of the contract and the date of the use of the services and during such period a general price increase is made at drivingcamp (according to the data published on its website) as compared to the conditions effective at the time of execution of the contract (for any reason whatsoever), drivingcamp shall be entitled to charge a fee to the Client increased with the amount of the price increase applicable for the given service, but such price increase in no event can exceed 10%. The natural person Client, acting outside the scope of its profession, individual occupation or business activity, shall be entitled to rescind the individual contract within 15 days from communication of the price increase, in terms of the part of the individual contract not yet performed. In such event, the amount of the consideration paid as advance payment shall be returned to the Client, without any interest, within 30 days following the rescission.
2.8 Client acknowledges and expressly accepts that
(I) the Client’s obligation to pay the consideration is not affected by the fact if the Client fails to appear at the given time for purpose of using the services, for any reason whatsoever (provided it is not attributable to drivingcamp) and/or if it does not use or only partly uses the given service or finishes the started training earlier;
(II) in the event the Client is in delay with any of its payment obligations, drivingcamp shall be entitled to rescind the part of the executed contract not performed or affected by the delay, without setting any extra deadline, through its written statement, and at the same time to claim from the Client 90% of the net consideration of the cancelled services, as determined in the individual contract, under the title of cancellation penalty;
2.9 In case of late payment, the default interest equalling the base rate of interest published by the Central Bank of Hungary on the first day of the calendar half-year affected by the late payment plus 8% shall be imposed from the first day of the default, if the consideration payable for the service was determined in HUF, otherwise the amount of the default interest shall be 10% p.a.
2.10 Without prejudice to the claims ensured under law, in the event of late payment by the Client, drivingcamp shall have the right, but not the obligation, to charge to the Client an administration fee in the amount of EUR 40 + VAT per payment request. The administration fee shall be due in EUR.
3. Conditions of Participation
3.1 Access to the Complex (excluding the parts of the Complex open for the public, such as the reception area) is only allowed during the period designated for use of the services in the individual contract.
3.2 The Client is not allowed to recruit via public notice the persons actually using the services and shall not be entitled to claim consideration for using the services from the persons actually using the services for purpose of obtaining profit (for example: resale). It is not allowed to transfer or assign the right of use of the Complex (except for the right to appoint as per Section 3.3).
3.3 If the actual user of the services is not the Client himself, the Client shall be obliged to report to drivingcamp, at least 8 working days prior to the planned start time of the services, the names of the natural persons who are actually going to use the services booked in connection with the Training Circuit, and also the number of cars which are going to be parked by the guests on the area of the Complex. Drivingcamp reserves its right to grant access to the Complex only and exclusively to the persons and number of cars that had been reported to it.
4. Modification and Cancellation of the Services
4.1 In the event the Client wishes to modify the scope of services and/or the date/time specified in the individual contract, a separate agreement has to be concluded by and between the Parties, and if drivingcamp approves such modification, it shall have the right to charge the Client an administration/rebooking fee in the amount of EUR 15 + VAT per participant. Drivingcamp has the right to refuse its approval at any time, without any justification or reasoning.
4.2 If the given service cannot be provided at the time specified in the individual contract or can only be provided under such difficult circumstances that cannot be reasonably expected from drivingcamp or in a way jeopardising the safety of the Complex or the participants, due to a reason that could not be foreseen at the time of execution of the contract (for example: natural disaster, defect or damaging of the equipment of the Complex and/or the Training Circuit, extreme weather conditions, icing), drivingcamp reserves its right to postpone the time of the services arranged in advance (or in the case of an extraordinary event occurring in the course of the training, the time of provision of the cancelled services) through its declaration, equipped with a separate reasoning, made in writing, or in e-mail or communicated orally to the participants on-site, or to suspend the use of the services in order to guarantee the safety of the other participants and the Training Circuit. In the above mentioned events, the Client shall not have any right to enforce any compensation type or other claims against drivingcamp on the grounds of the postponement or suspension.
4.3 In the event specified under Section 4.2, drivingcamp shall be obliged to propose to the Client at least 3 alternative dates within the period of 90 days reckoned from the originally planned time of the services and the Client shall be entitled to select the new date for the provision of the cancelled services within 10 working days or to refuse such proposed dates. If no statement is made, drivingcamp shall have the right to choose the date. If the Client refuses the proposed dates within the respective deadline, in writing, drivingcamp shall be obliged to propose 3 new dates within the above period, taking into account the Client’s needs, if possible. The Client shall be obliged to make its statement regarding the date accepted by it out of the newly proposed dates, within 10 days, in writing. If no written statement of acceptance is made within the respective deadline, drivingcamp shall have the right to choose the date.
4.4 In the event the individual contract concluded by and between drivingcamp and the natural person Client is to be governed by Government Regulation no. 17/1999 (II.5.) on distance selling contracts, the Client shall have the right to rescind the contract within eight working days reckoned from the day of execution of the individual contract (or, from the receipt of the written confirmation as per Article 3 of the above mentioned Government Regulation, if Client has not received this written confirmation until this date), but in no event later than within three months reckoned from the day of execution of the contract, without any reasoning and payment obligations, through its statement made in writing or by e-mail. In such events drivingcamp shall reimburse the amount paid by the Client, without delay, but in no event later than within thirty days following the rescission, free of interests. The Client shall not have the right to exercise the right of rescission, if drivingcamp had started performance prior to the deadline of rescission, with the Client’s consent.
5 The Services
5.1 Traffic safety and driving technique type services
5.1.1 The description of the traffic safety and driving technique type services is contained in Annex no. 2. As far as the content of the given training type is concerned, the information published on the website www.drivingcamp.hu at the time of placement of the Order shall prevail.
5.1.2 The traffic safety and driving technique type services shall be provided to the Client according to the characteristics specified under Annex no. 2 and in accordance with the professional and technical quality level generally expected from a traffic safety and driving technique training circuit.
5.1.3 The duration of the services, as defined in the individual contract, shall also include, in addition to the use of the Training Circuit, the general instructions and theoretical training provided prior to use of the Training Circuit.
5.1.4 A separate written agreement shall be required between the Parties, if the Client wishes to use the Training Circuit with a vehicle having a gross vehicle weight exceeding 20 000 kg, or with a special purpose vehicle. The Client shall be obliged to report this special request at the time of submission of the Order.
5.1.5 Based on the contract concluded regarding the traffic safety and driving technique type services, the Client shall be entitled to use, in the proper manner and in connection with the use of the services, the parts of the reception building situated on the area of the Complex that are open to clients (reception, ground floor exhibition space, restaurant, ground floor lavatory). The training rooms, offices, showrooms located in the reception building, and the event area situated on the area of the Complex can only be used on the basis of a separate agreement made regarding the use of the servicing areas or upon the written permission of drivingcamp.
5.2 The services provided on the servicing area
5.2.1 The floor plan of the servicing areas (reception building and event area) are contained in Annex no. 3.
5.2.2 If a separate agreement is concluded in terms of the services provided on the servicing area, the Client shall be entitled to use the areas defined in the separate agreement, for the duration and purpose defined in the separate agreement. If the agreement between the Parties stipulates that the areas shall be transferred for use for the whole day, and if no other arrangement is made between the Parties, then the Client shall be entitled to use the concerned areas between 8.30 and 16.00 hours. Unless otherwise agreed, the premises located in the reception building can be used for the following purposes: teaching driving technique type know-how and the assessment of the experience learned in connection with the use of the Training Circuit. Based on the separate written approval of drivingcamp, private (internal) events can be organised on the event area.
5.2.3 The premises used by the Client shall have to be used for their intended purpose only, always taking care of their condition. The Client can only use the equipment placed in the premises if it has reported such intention in its Order. Drivingcamp or the persons empowered by it shall be entitled to enter the premises made available to the Client on a temporary basis, at any time, without unnecessarily disturbing the Client’s activity, and to verify compliance with the provisions of these General Terms and Conditions or the individual contract.
5.2.4 In connection with the services provided on the servicing area, drivingcamp is not obliged to provide servicing or training personnel (excluding the theoretical training provided by the instructors) or catering type services. In the course of using the servicing areas, the Client shall be obliged to observe the provisions of law and the official requirements.
5.2.5 Client shall be obliged to notify drivingcamp in writing and in advance about the exact purpose of the use of the servicing areas and about the expected program (headcount). No temporary superstructures can be established (such as the building of a stage) without the prior written consent of drivingcamp.
5.2.6 The restaurant operating in the reception building shall have exclusivity in terms of all the catering type services related to the Complex. The Client shall establish a direct legal relationship with the service provider regarding the restaurant or catering type services, according to its own discretion, and drivingcamp shall not assume any liability vis-á-vis the Client for the conduct of the service provider. Only and exclusively the catering service provider having the above mentioned exclusivity shall have the right to use the kitchen technology of the reception building and the servicing facilities.
5.2.7 No food, beverages or other products (t-shirts, souvenirs, etc.) are allowed to be sold or offered free of charge to the participants on the area of the Complex without the prior written consent of drivingcamp.
5.2.8 Should drivingcamp discover the improper use of the areas or any violation of the Client’s obligations related to the use of the areas (in particular: wilful damaging of the equipment of the Complex or unforeseen accident, etc.), it has the right to prohibit the further use of the areas. In such an event the Client is not entitled to reduction and/or reimbursement of the fee specified under the individual contract and the Client is not entitled to raise any other claims or demands in connection with this.
5.2.9 Following the use of the servicing areas, the Client is obliged to restore the original condition, except for the cleaning works required in connection with the proper use. If the original condition cannot be restored at the time of completion as per the contract (that is at the end of the duration of the use, as defined under the individual contract) due to the nature of the change or if the Client fails to perform this obligation, then drivingcamp shall perform this or have a third party perform this at the Client’s costs, after the usage is finished.
5.2.10 Should the Client fail to stop the use of the servicing areas at the time indicated in the individual contract (that is if Client fails to vacate the areas) or if it fails to restore the original condition of the reception building/event area until the above mentioned time, the Client shall be obliged to pay to drivingcamp a surcharge equalling double of the original hourly rate payable for the use per each hour started, right until contractual termination of the use (including the restoration of the original condition as well). If this type of fee is not defined specifically under the contract, the amount of the usage fee shall be net EUR 100 / each hour started. Drivingcamp shall be entitled to have the objects left on the areas transferred for use transported away, at the expense and risk of the Client, and following a 30-day storage, to destroy these.
5.2.11 Drivingcamp is not obliged to ensure the guarding of the servicing areas affected by the use. Drivingcamp shall not assume any liability for the objects taken to this area and shall not have any responsibility if these objects are destroyed or damaged, excluding the damages caused wilfully by the collaborators of drivingcamp.
6.1 These insurance related provisions shall be without prejudice to the Client’s obligations undertaken in this Contract and shall not impose any further obligations to drivingcamp besides the obligations specified under the other Sections of the individual contract and the General Terms and Conditions.
6.2 Liability insurance of drivingcamp
6.2.1 Drivingcamp has a liability insurance for the reception building and for its activity related to the Training Circuit (driving technique training, operation of the training circuit).
6.2.2 Client shall be obliged to notify drivingcamp immediately about any event that might entail drivingcamp’s liability for damages, that is about any event that might qualify as an insurance event and, if necessary, Client shall be obliged to cooperate with drivingcamp in order to maintain and exercise its rights under the insurance.
6.3 Property insurance of drivingcamp
6.3.1 Without prejudice to the Client’s liability and obligations arising from the individual contract or pursuant to any legislation, and without entailing any further liability on the part of drivingcamp vis-á-vis the Client, drivingcamp hereby records that it has a property insurance in connection with the Complex.
6.3.2 The Client shall be obliged to pay, upon drivingcamp’s first request, any deductibles (arising from any claim/demand raised within the Client’s sphere of interest, based on the insurance contract) and any other amounts arising from any other claims/demands or in relation to the deductible, which the insurance company claims.
6.4 As far as the services provided on the servicing area are concerned, drivingcamp reserves its right to demand and call upon the Client to enter into an event organiser and/or renter liability insurance with an insurance coverage of at least EUR 30 000, as long as the nature or duration of use or the high number of participants justify this request. Client shall be entitled to rescind the individual contract through its written statement, without any further legal consequences, within 15 days from the day when drivingcamp announced its above demand. Should the Client not rescind the contract, it shall be obliged to present to drivingcamp the original copy of the adequate insurance policy five working days prior to the start time of use of the area at the latest. Should the Client fail to comply with the above provision, drivingcamp shall be entitled to apply the legal sanctions as per Subsection 2.8 (II).
7 Defective Performance
7.1 The Client shall be obliged to report to drivingcamp, in writing or in e-mail, any complaints or claims related to the quality or use of the services or any possible defects of the services provided by drivingcamp, immediately after discovery of these, on the site, to the instructors or the other personnel present, but in no event later than within 48 hours following the use of the given service. Should the Client fail to meet this reporting deadline or perform this with delay, and thereby it becomes impossible for drivingcamp to remedy or repair or replace the defect on-site, prior to continuing the provision of the services, the Client shall not be entitled to raise any claims in connection with the possible defects of the services.
7.2 In case of a major defect of the services, if the defect is not repaired or replaced at the Client’s request, the Client shall be entitled to claim the reduction of the contract price, pro-rata to the duration and extent of the defect. The individual contract can only be terminated or rescinded after drivingcamp was called upon to remedy the defect in writing, and after the reasonable additional deadline, which had been set by taking into account the nature of the given defect, expired without result.
7.3 The claims (for damages or otherwise) arising from defective performance by drivingcamp or otherwise from breach of contract by drivingcamp shall lapse after six months (period of limitation).
8.1 Client acknowledges that the special purpose equipment of the Complex (the dynamic shock-pad, the multifunctional area with longitudinal aquaplaning, the circular ring module, and the downhill hairpin bend (twitch) module) and the use of these services with a motor-vehicle and otherwise the use of the Training Circuit with a motor-vehicle qualify as activities involving increased danger (hazardous operations) and the Client is considered as the party performing these activities.
8.2 Without prejudice to the liability rules regulated under law, any damages caused to the Complex or the equipment thereof (including the advertising spaces and organisations as well) by the Client or its collaborators shall be compensated to drivingcamp by the Client. The Client shall only be exempted from its liability for damages being in causal relationship with its activity involving increased danger, if it certifies that the damage was caused by such an unavoidable cause that falls outside the scope of use of the services with a motor-vehicle. The Client shall be obliged to indemnify, defend and hold harmless drivingcamp, in connection with the use of the Services under the conditions specified above, for the behaviour of those persons to whom the opportunity to use the services was ensured by the Client.
8.3 The Client shall be obliged to notify drivingcamp about any damage to the Complex or its equipment or any other facilities, without delay.
8.4 Having regard to the fact that the Complex and in particular the Training Circuit are used at the user’s own individual risk and liability, therefore drivingcamp excludes its liability (including its collaborators as well) in connection with the provision and performance of the services, to the fullest extent allowed under law. Should the Client wish to use the services without this limitation of liability, then Parties shall have to enter into a separate written agreement, wherein, among others, Parties shall also regulate and define the modified consideration as well.
8.5 The Client must ensure that each participant acknowledges, understands and accepts the limitation of liability specified in Section 8.4. In the event the limitation of liability cannot be applied for any reason whatsoever regarding the relationship between the participant and drivingcamp, the Client shall be obliged to exempt drivingcamp regarding the damages and costs arising as a result.
9 Miscellaneous Provisions
9.1 In the course of using the Complex, the Client shall be obliged to ensure that the persons using the Complex for either traffic safety or event organisation purposes, to whom the opportunity to use the Complex and/or to participate at the event was ensured by Client, get to know the currently effective provisions of the House Rules governing the use of the Training Circuit, attached hereto as Annex no. 4, and these General Terms and Conditions and that these persons shall be liable for any possible breach of the House Rules or these General Terms and Conditions. The Client shall be obliged to compensate drivingcamp for any and all damages caused to the Training Circuit and the connected facilities that occurred as a result of the conduct of the Client or its collaborators. It shall be the Client’s duty to prove that the damages, caused to the part of the Complex used by the Client during the period when the Complex was used by the Client, were not caused by the above mentioned persons.
9.2 If the individual contract is executed with respect to services to be provided on several distinct occasions, the given Party shall be entitled to terminate the individual contract with immediate effect, with termination for cause, if the other Party fails to perform any of its material obligations defined under the individual contract, despite written notice thereto, within the additional deadline of at least 15 days, in accordance with the provisions of the individual contract (including these General Terms and Conditions as well).
9.2.1 In the event any of the services is not used/provided due to the termination notice of drivingcamp as per Section 9.2, the Client shall be obliged to pay to drivingcamp a cancellation penalty in the amount of 90% of the net fee payable for the given service that was not used/provided at the time of termination.
9.3 Drivingcamp shall not have any liability for loss, destruction or damaging of any of the valuables brought onto the area of the Complex.
9.4 Any amendment of the individual contract shall only be valid if made at least according to such formal requirements as applied to the original individual contract. The same shall apply to the modification of the formal requirements as well.
9.5 Drivingcamp shall have the right to amend these General Terms and Conditions and the House Rules, without any restrictions, for purpose of increasing the rate of utilisation or safety of the Complex. Drivingcamp shall be obliged to notify the Client about any such amendments in writing. The Client shall be entitled to rescind the part of the individual contract not yet performed, within 15 days from receipt of the above notice, through a written notice, without any further reasoning, and in such event the part of the already paid consideration that is proportionate to the thereby not provided service shall be returned to the Client, free of any interest. If the rescission is not made within the respective deadline, the provisions of the amended General Terms and Conditions shall govern the relationship between the Client and drivingcamp as of the working day following the last day of the time limit available for rescission.
9.6 Unless expressly stipulated otherwise by the Client in writing, drivingcamp shall be entitled to make audio and video recordings and photos about the use of the services and also about any possible events held on the Training Circuit, and drivingcamp shall have the right to use, publish, reproduce, distribute and publish on the Internet these recordings and the Client’s company name and logo in its advertising and sales activities related to the Training Circuit, and also to use these as a reference, for business purposes, both in Hungary and abroad, even after the performance of the individual contract, without any payment obligations thereto.
9.8 Parties shall handle the confidential information obtained under the individual contract or in the course of its preparation and performance as business secret and shall not disclose or make these available to any third parties without the written permission of the other party.
9.9 Should any of the provisions of these General Terms and Conditions be or become invalid partly or entirely, this shall not affect the validity of the entire individual contract. Instead of the invalid provision such a valid provision shall be put into effect that has a spirit and purpose as close to the original provision as possible, taking into consideration the original intention of the Parties. Parties shall have an obligation to enter into a contract to replace the invalid provision.
9.10 Notices shall be deemed delivered when received or when receipt is refused and this is certified by the return receipt or the receipt form of the delivery man or the confirmation message of the fax or e-mail. Parties agree that the notices sent by post to the address specified above shall be deemed delivered on the 5th day following posting, even if the given notice is returned from the other party with the remark “not called for”, “unknown addressee” or “moved away”, etc. This provision shall remain in effect following the termination of the individual contract as well.
9.11 These General Terms and Conditions and the individual contract contain and represent the entire agreement between the Parties. Any custom agreed by the Parties during their previous business relationship or any practice they had established between themselves previously shall not become part of the individual contract. Similarly, none of the customs or practices widely known and regularly applied in the given business line by the parties to similar contracts shall constitute part of the contract.