Terms & conditions

1.1 These General Terms and Conditions shall apply to contracts pertaining to the organisation and execution of events, festivals, incentives, conventions and all-inclusive travel arrangements and all related goods and services off ered by the Nürburgring GmbH and its contract partners.

1.2 The sub-letting or subsequent leasing of rooms and fl oor space provided shall not be permitted.

1.3 General terms and conditions of the customer shall apply only if same have explicitly been agreed upon.

2.1 The contract shall be rendered closed upon acceptance of the order (confi rmation) by Nürburgring Autmotive GmbH declared to customers and the payment of the agreed-upon deposit by the customer; these two parties shall be the contracting parties.

2.2 The binding scope of the contractual services shall be based on the service description in the quotation for the event period and any related information in the event confi rmation/ invoice. Other hotel and service provider owned brochures shall not be relevant. Employees of the Nürburgring Automotive GmbH are not authorized to enter into ancillary verbal agreements.

2.3 In case that the event organiser is someone other than the customer/buyer or if the event organiser utilizes a professional procurement agency or organiser, same shall be jointly liable for any obligations arising under the contract with the event organiser.

2.4 Nürburgring Automotive GmbH shall be liable for its obligations under the contract. This liability shall be limited to service defects that are the result of Nürburgring GmbH’s intent or gross negligence, with the exception of service-typical areas. This limitation shall not apply to damages resulting from personal injury, death or health damages resulting from the intentional or negligent breach of duties – including those of a legal representative or agent of the circle of persons liable. Moreover, the customer shall undertake to notify Nürburgring Automotive GmbH of any potentially developing exceptional damages in a timely manner.

2.5 Third party services expressly identified as such services procured in another entity’s name shall not be subject to the liability of Nürburgring Automotive GmbH. In the event of such procurements liability for procurement errors shall be excluded unless same are the result of intent or gross negligence.

3.1 Nürburgring Automotive GmbH shall undertake to render the services ordered by the customer and promised by Nürburgring Automotive GmbH.

3.2 The customer shall undertake to pay the prices of Nür burgring GmbH agreed upon for said services. This shall also apply to services and expenditures incurred from third parties by Nürburgring Automotive GmbH in connection with event.

3.3 Upon receipt of the written event confirmation and the handover of the reservation confi rma tion, if the agreement involves the reservation of an all-inclusive travel arrangement, payment of a deposit equivalent to 15% of the event price or at least € 25.– per person shall be due for payment. The same shall apply accordingly to vacation rentals per residential unit. Insurance premiums shall be due for payment immediately upon making of a reservation.

3.4 The agreed-upon prices do not include applicable value added tax, which shall apply additionally. In the event that the time frame between the closing of the contract and the fulfillment of the contract should exceed 4 months and if the prices billed by Nürburgring Automotive GmbH for such services in general should have increased, the agreed-upon price may be reasonably increased, however, by no more than 10%.

3.5 Nürburgring Automotive GmbH invoices that do not stipulate a due date shall be payable within 10 days after receipt of the invoice, net. In the event that the customer should be in default of payment, Nürburgring Automotive GmbH shall have the right to charge consumers an interest rate of 5% above the eff ective prime rate. In the event that the customer should be an entity other than a consumer, Nürburgring Automotive GmbH shall charge interest rates of 7% above the prime rate. Customers are expressly aff orded the right to render evidence that a lower amount of damages was incurred.

3.6 Nürburgring Automotive GmbH shall have the right to demand payment of a reasonable deposit at all times. The amount of the deposit and the payment dates shall be set forth in writing in the respective contract.

3.7 In the event that the customer should be in default of payment, Nürburgring Automotive GmbH shall have the right to charge a lump sum fee of € 8.– for its collection costs per notice sent.

3.8 In the event that at customer’s request and after the reservation of the event, changes should be made to the event date or accommodations up to 30 days prior to the event date (change of reservation), Nürburgring Automotive GmbH shall have the right to charge a process ing fee of € 15.– per participant. Chan ges to reservations made after the deadline of 30 days prior to the scheduled departure on the trip shall be considered rescissions and subsequent new reservations.

4.1 In the event that the deposit should not be made, even after a reasonable remedial deadline set by Nürburgring Automotive GmbH has expired and a notice regarding rejection has been sent, Nürburgring Automotive GmbH shall have the right to rescind from the contract.

4.2 Nürburgring Automotive GmbH shall also have the right to rescind from the contract for reasons that are factually justified, for instance in the event of – force majeure or any other circumstances beyond Nürburgring Automotive GmbH’s control that make the fulfi llment of the contract impossible; – events are scheduled on the basis of misleading or incorrect information in terms of cardinal facts, e.g. in relation to the customer or purpose; – Nürburgring Automotive GmbH having justifi ed cause to assume that the event could put the smooth business operations, safety or reputation of the Nürburgring Automotive GmbH at risk in the eyes of the public for reasons beyond the control or organisational structure of Nürburgring Automotive GmbH;

4.3 Nürburgring Automotive GmbH shall undertake to notify the customer of the execution of the right to rescind immediately.

4.4 In the event of a rescission, the customer shall not be entitled to any damage compensation from Nürburgring Automotive GmbH.

4.5 In the event that Nürburgring Automotive GmbH should rescind from the contract as a consequence of the customer’s breach of any of these General Terms and Conditions for Events and All-Inclusive Travel Arrangements at the Nürburgring, Nürburgring Automotive GmbH shall have the right to invoice the agreed-upon service if their rental to another party should not be possible.

4.6 The customer shall be aff orded the express right to render evidence that no damages or value reduction have in fact incurred or that same are substantially lower than the allinclusive lump sum.

5.1 In the event that the customer should rescind from the contract, Nürburgring Automotive GmbH shall have the right to invoice the agreed-upon service if their rental to another party should not be possible. This shall not apply to all-inclusive travel arrangements.

5.2 In the event of rescission by the 90th day prior to the event date, cancellation fees in the amount of 30% of the order total shall be due. In the event of rescission between the 89th and 30th day prior to the event date, cancellation fees in the amount of 60% of the order total shall be due. In the event of rescission on the 29th day prior to the event date and later, the cancellation fees due shall be 90% of the order total. In the event of rescission as of the 2nd day prior to the event date or if the customer should fail to come to the event, cancellation fees of 100% of the order total shall be due.

5.3 The customer shall be aff orded the express right to render evidence that no damages or value reduction have in fact incurred or that same are substantially lower than the allinclusive lump sum.

6.1 In the event that the customer should rescind from a contract for all-inclusive travel arrangements, Nürburgring GmbH shall have the right to bill the agreed-upon services if no substitute participant is provided.

6.2 In the event of rescission by the 30th day prior to the scheduled travel date, cancellation fees equivalent to 15% of the order total per person, however, no less than € 20.– person, shall be due. In the event of rescission by the 22nd day prior to the scheduled travel date, cancellation fees equivalent to 30% of the order total shall be due per person. In the event of rescission by the 7th day prior to the scheduled travel date, cancellation fees equivalent to 45% of the order total per person shall be due. In the event of rescission from the 6th through the fi nal business day prior to the scheduled travel date, cancellation fees equivalent to 75% of the order total per person shall be due. In the event of rescission on the scheduled day of travel or in the event of failure to appear and cancellation after the scheduled travel date, the cancellation fees shall equal 90% of the order total per person.

6.3 Costs of VISA card processing, telephone or processing fees as well as insurance premiums paid to an insurance company via Nürburgring Automotive GmbH shall not be reimbursable in the event of a cancellation of the trip.

6.4 The provisions pertaining to rescission costs shall apply to all all-inclusive travel arrangements unless special provisions have been set forth in individual descriptions. ing the grid services of Nürburgring Automotive GmbH or its contracting parties shall be subject to the written consent of Nürburgring Automotive GmbH or its contracting parties. Any malfunctions or damages incurred as a result of the utilisation of said devices to the technical equipment of Nürburgring Automotive GmbH or its contracting parties shall be borne by the customer, given that Nürburgring Automotive GmbH or its contracting parties are not responsible for same. Nürburgring Automotive GmbH or its contracting parties shall have the right to keep track of any power consumption by said devices and bill a lump sum fee.

6.5 The customer shall be afforded the express right to render
evidence that no damages or value reduction have in fact
incurred or that same are substantially lower than the allinclusive
lump sum.
6.6 We recommend customers obtain travel cancellation insurance.
Its purpose is to absorb the cancellation fees pursuant to its
respective insurance terms and conditions for all risks insured.

7.1 Any change in the number of participants that exceeds 5% shall be communicated to Nürburgring Automotive GmbH no later than 5 business days prior to the scheduled event and shall be subject to the consent of Nürburgring Automotive GmbH.

7.2 In the event that the number of participants should exceed the planned number, the customer shall be billed for the actual number of participants.

7.3 In the event that the number of participants should fall short of the planned number, the customer shall be billed for the total order amount agreed upon.

7.4 Nürburgring Automotive GmbH reserves the right to admit only registered individuals to the event.

7.5 In the event that the agreed-upon start and end times of the event should be changed without the prior written consent of Nürburgring Automotive GmbH, the latter shall have the right to bill additional costs for the rendering of said services, unless Nürburgring Automotive GmbH is responsible for the changes.

8.1 The total amount due for admission tickets shall be paid in full at the time respective reservations are made. Admission ticket prices in EUR include postage and processing fees. Admission tickets are part of the arrange ment total in the case of all-inclusive travel arrangements. The prices shall not be stipulated separately.

8.2 The return of admission tickets or changes to ticketreservations shall not be possible. Any admission ticket not accepted or completely paid for shall remain in the possession of Nürburgring Automotive GmbH for alternative use pursuant to Article 8.4.

8.3 Nürburgring Automotive GmbH shall have the right to rescind from the admission ticket contract for factually justifi ed reasons, for instance in cases of force majeure or other circumstances beyond the control of Nürburgring Automotive GmbH that make the fulfi llment of the contract in reference to the admission tickets impossible. Nürburgring Automotive GmbH shall be required to notify the customer of the execution of the right to rescind in relation to the admission tickets immediately. In the event of rescission, the customer shall not be entitled to any damage compensation from Nürburgring Automotive GmbH.

8.4 Nürburgring Automotive GmbH reserves the right to cancel orders for a fee, regardless of any redress entitlements it might have against the customer for non-fulfi llment, if the total invoice amount for the admission tickets is not paid in full within 14 calendar days as of the reservation date. Unpaid or not fully paid admission tickets shall remain in the possession of Nürburgring Automotive GmbH. If such admission tickets can be sold to third parties, the customer shall be credited the actual sales revenues minus a lump sum processing fee in the amount of € 50.– and said credit shall be deducted from the cancellation fees. This clause shall not apply to all-inclusive travel arrangements.

8.5 Admission tickets shall be sent to the customer as soon as full payment has been made. Nürburgring Automotive GmbH reserves the right to hand out the admission cards at a place and time defined by Nürburgring Automotive GmbH.

8.6 Nürburgring Automotive GmbH reserves the right to adjust promoted prices that have been confirmed upon reservation of the admission tickets in the event that the prices should have been increased by the event organiser until up to one month prior to the event and equivalent to said increase.

8.7 The admission tickets shall be delivered by Nürburgring Automotive GmbH. In the event that admission tickets that Nürburgring Autmototive GmbH has confirmed to the customer should not be available for reasons beyond Nürburgring Automotive GmbH’s control, Nürburgring Automotive GmbH reserves the right to provide the customer with admission tickets of equal value.

8.8 All admission cards shall remain the property of Nürburgring Automotive GmbH until they have been paid in full.

9.1 In the event that Nürburgring Automotive GmbH should procure third party services (e.g. rental cars, terrain leases, awards for winners, etc.) and/or technical equipment from third parties upon customer’s request, it shall act in the name, by power of attorney and for the account of the customer. The customer shall be liable for the careful handling and proper return of the objects and equipment provided. Customer shall indemnify Nürburgring Automotive GmbH against all third party claims arising from the provision of said objects and equipment.

9.2 Any use of own electrical equipment by the customer utilisthe customer has procured an individual agreement in this respect with Fahrsicherheitszentrum am Nürburgring GmbH & Co. KG.

9.3 Subject to the approval of Nürburgring Automotive GmbH, customer shall have the right to use own telephone, telefax and data transmission equipment. Nür burg ring GmbH shall have the right to demand payment of a connection fee.

9.4 Malfunctions of technical and other equipment provided to the customer by Nürburgring Automotive GmbH or its contracting parties shall be eliminated immediately if at all possible. This shall not entitle the customer to withhold payments or make deductions if Nürburgring Automotive GmbH or its contracting parties are not responsible for said malfunctions.

10.1 Exhibition or other, even personal objects brought along shall be in the event venues at customer’s risk. Nürburgring Automotive GmbH shall not assume any liability for loss, destruction or damage, except in those cases caused by acts of gross negligence or intent by Nürburgring Automotive GmbH.

10.2 Decorations brought along shall be in compliance with local fire marshal requirements. Nürburgring Automotive GmbH shall have the right to demand the presentation of government agency issued documentation. In consideration of potential damages, the set-up and attachment of objects shall be coordinated with Nürburgring Automotive GmbH in advance.

10.3 Brought-along exhibition or other objects shall be immediately removed after the end of the event. Failure of the customer to comply shall authorise Nürburgring Automotive GmbH to remove and store said items at customer’s expense. In the event that the objects should remain in the event venue, Nürburgring Automotive GmbH shall have the right to charge rent for the duration of the items’ presence. The customer is expressly aff orded the right to render evidence that the damages incurred were lower.

11.1 The customer shall be liable for damages to the building, furnishings and other objects provided by Nürburgring Automotive GmbH or third parties commissioned by the latter which, are caused by event participants and visitors, employees and other third parties under customer’s scope of influence or by the customer as such.

11.2 Nürburgring Automotive GmbH may require the customer to provide ade - quate collateral (e.g. insurance coverage, deposits, guarantees).

12.1 In the event that the implementation of the event should be substantially and unforeseeably hampered, placed at risk or adversely impacted after the execution of the contract as a result of force majeure, which shall also include the destruction of accommodations or similar incidents, both parties shall have the right to terminate the contract. In the event of termination prior to the beginning of the event, the price paid shall be reimbursed to the customer immediately. No further redress shall be available to the customer. Nürburgring Automotive GmbH shall have the right to demand remuneration for any services already provided.

13.1 Nürburgring Automotive GmbH shall provide each participant of driver safety courses at the Driving Safety Centre on the Nürburgring with passenger accident insurance (€ 26,000.– in case of death, € 32,000.– in the event of disability, and € 103,000.– in the event of permanent disability) for the duration of the course.

13.2 Vehicles used during the driver safety training courses shall be covered by comprehensive insurance with a max. payout of € 3,500.– per incident and a deductible of € 750.–. This shall apply to driving exercises at the Driving Safety Centre on the Nürburgring and with respectively marked exercise tracks on the Grand-Prix-track and the Nordschleife. It shall be void outside the marked exercise tracks of the Driving Safety Centre on the Nürburgring (e.g. return routes, parking lot, lining up for an exercise) and also during free driving and guide driving activities on the Grand-Prix-Track and on the Nürburgring Automotive GmbH Nordschleife.

13.3 In the event of intent or gross negligence, the driver of the vehicle shall be liable for all damages.

13.4 Off road training shall not be subject to insurance cover by the Fahrsicherheitszentrum am Nürburgring Automotive GmbH, unless the customer has procured an individual agreement in this respect with Fahrsicherheitszentrum am Nürburgring GmbH & Co. KG.

14.1 The customer shall ensure that all vehicles provided by the customer are adequately insured.

14.2 Nürburgring Automotive GmbH shall not assume any liability for damages to vehicles provided to the instructors of Nürburgring Automotive GmbH by the customer, regardless of whether this occurs on the Driver Safety Track, the race tracks or on public roads. This clause shall be void if such damages were caused by a grossly negligent or intentional breach of duty by the instructor.

15.1 The training areas of the Driving Safety Centre on the Nürburgring are subject to the regulations of German traffi claws StVO and StVZO.

15.2 For all course types, the customer shall be in possession of a valid driver’s license for the vehicle classes operated.

15.3 In the interest of safety, all rules and regulations set by the instructors shall be complied with; no exception. In the event of violation of said instructions or of the rules of the StVO that have the potential to cause damage to others or objects of substantial value, a participant may be expelled from the course and the customer shall forfeit any entitlement to reimbursement of the course costs.

15.4 Companions shall be permitted to assume the role of co-drivers during the respective courses only with the prior written approval by Nürburgring Automotive GmbH.

16.1 During driver training classes at Nürburgring Automotive GmbH, participants enjoy accident insurance with the following coverage amounts: Death € 15,000.–, disability € 30,000.–. Moreover, participants of courses at the Nürburgring adventure GmbH are provided with liability insurance for third party damages with the following coverage amounts:

personal injury € 1,500,000.–

material damages € 500,000.–

pecuniary damages € 50,000.–

16.2 To this eff ect, insurance coverage shall be provided only up to the maximum amounts stipulated and in the event of negligence acts of the participant. In the event of intent or gross negligence of the participant and for damages that exceed the coverage amounts, no insurance coverage shall be provided.

17.1 The purpose of the driver course at Nürburgring Automotive GmbH is not the attainment of speed records, but the improvement of driving skills.

17.2 The minimum age for participants is 25. Participants must not be more than 1.95 m tall and weigh no more than 110 kg. Participants must be in possession of a driver’s license for the car class driven in the course. Exceptions from these participation requirements shall be subject to prior written agreement between the customer and Nürburgring Automotive GmbH.

17.3 Participation in the driver course hinges on good physical fi tness and a solid mental state.

17.4 The agents of Nürburgring Automotive GmbH shall have the right to give instructions to the participants throughout the duration of the entire driver course. Nürburgring Automotive GmbH expressly emphasizes that participants are required to apply utmost discipline throughout the driver course and that they are mandated to comply with all facilitator instructions. For safety reasons, passing maneuvers shall be strictly prohibited for all drivers throughout the entire driver course. Exceptions shall be governed by express instructions for the pertinent exercise handed down by the responsible Nürburgring Automotive GmbH instructor.

17.5 All participants are required to wear safety belts – no exceptions. Participants shall be required to remain in the safety zone approved by the Nürburgring Automotive GmbH instructor at all times. The ingestion of any alcohol is strictly prohibited throughout the duration of the driver course (zero blood alcohol content required).

17.6 Compliance with these rules is absolutely necessary so that safety can be warranted. Violations of these rules shall give Nürburgring Automotive GmbH the right to expel any participant from the driver course without prior warning and the customer shall forfeit any right to reimbursement of the course fee.

18.1 In case the event that the event should be substantially hampered as a result of a defi ciency, the customer shall have the right to make deductions from the price or terminate the contract. A termination of the contract shall be permitted only if Nürburgring Automotive GmbH has permitted a reasonable deadline for a remedy set by the customer to expire without taking remedial action. The setting of a deadline shall not be required if the performance of a remedy is impossible or if Nürburgring Automotive GmbH refuses to take remedial action or if the termination of the contract is justified based on a specific interest of the customer. The customer shall also have the right to fi le for the reimbursement of damages; as a rule, however, this shall apply only if the defect is so substantial that it justifi es the reduction of the price by at least 50%.

18.2 Customer’s right to assign any damage compensation or warranty entitlements in conjunction with the event, regardless of the legal grounds, to any third parties, shall be excluded. In-court litigation of claims for entitlements of other customers/participants in customer’s own name shall also be excluded.

18.3 Nürburgring Automotive GmbH employees are not authorised to accept entitlements.

19.1 The customer shall undertake to make claims im me diately and on location. Remedies shall be taken on site, if possible. In the event that the customer should culpably fail to report a deficiency, any entitlement to reduction and damage compensation shall be null and void.

19.2 Claims concerning vacation rentals shall be filed with the landlord or the landlord’s agent immediately. In the event of emergency, the customer shall be required to promptly notify Nürburgring Automotive GmbH of any deficiencies that have not been remedied.

20.1 The customer shall be required to fi le claims for noncontract- compliant rendering of event services with Nürburgring Automotive GmbH within one month after the contractually intended end of the event. Off ense-based claims shall be fi led with Nür burg ring GmbH within 6 months after the contractually intended end of the event. We recommend customers fi le claims in writing. Upon expiration of the deadline, entitlements may be claimed only if the customer was prevented from complying with the deadline for reasons beyond customer’s control.

20.2 Customer and Nürburgring Automotive GmbH agree on a one year statute of limitations for contractual claims of the customer. Offense-based entitlements shall be subject to a statute of limitations of three years. The statute of limitations shall begin on the day on which the event was to end according to the contract. In the event that the customer has fi led such claims, the statute of limitations shall be suspended until the day on which Nürburgring Automotive GmbH or its liability insurance provider reject the claims. The statute of limitations shall be reached no earlier than three months after the end of the suspension.

21.1 Data transferred by the customer shall be stored and processed in the EDP equipment of Nürburgring Automotive GmbH and its contractual partners.

22.1 Modifications or additions to the contract, the acceptance of an application or of these General Terms and Conditions for Events and All-Inclusive Travel Arrangements at the Nürburgring shall be made in writing. Unilateral modifications or additions made by the customer shall be null and void.

22.3 The sole place of jurisdiction – including for claims pertaining to disputes over checks and bank drafts – shall be the domicile of Nürburgring Automotive GmbH for all commercial transactions. In the event that one contracting party should meet the requirements of Paragraph 38 Article 1 ZPO (German Civil Procee dings Act) and said party should not have a domes tic general place of jurisdiction, the domicile of Nürburgring GmbH shall be the elected place of jurisdiction.

22.4 The contractual relationship shall be governed by German law under exclusion of the UN Convention on the International Sale of Goods (CISG). In the event of bilateral trading purchases the sole place of jurisdiction shall be the domicile of Nürburgring Automotive GmbH.

22.5 In the event that individual provisions of these General Terms and Conditions for Events and All-Inclusive Travel Arrangements on the Nürburgring should be ineff ective or void, this shall not aff ect the eff ectiveness of the remaining provisions. The statutory provisions shall otherwise apply.