Events, Training Sessions & Rentals

Registration and participation in events, rentals and training sessions/driving courses offered by Nürburgring 1927 GmbH & Co. KG, hereinafter “NG” are governed by the following Terms and Conditions. No other terms and conditions shall apply. Any terms and conditions which conflict with or diverge from our Terms and Conditions shall apply only if explicitly accepted in writing by NG.

 

On booking/submission of a registration or signed offer, the Customer/Participant accepts the validity of the following Terms and Conditions. Confirmation of the contract by NG and return to the Customer/Participant constitutes acceptance of the offer and therefore conclusion of contract. The prices as stated in the valid price list of NG at the time of application shall apply. If any ad-denda and/or amendments to the contract are agreed within the course of performance of the contract, compliance with the writ-ten form requirement shall be deemed satisfied if the relevant statement is submitted by electronic means or by fax and con-firmed by the other party. The employees of NG are not authorised to enter into any ancillary oral agreements.

 

If the Customer/Participant is not simultaneously the Organiser (but, for example, a broker or an agency), the Custom-er/Participant shall name the Organiser in writing in the contract and inform the Organiser of its contractual obligations. The Cus-tomer/Participant shall accept all acts and statements made by the Organiser and its authorised representatives as made on behalf of and/or vis-à-vis the Customer/Participant. Pursuant to the existing contractual relationship, the Customer/Participant shall re-main responsible for the discharge of all obligations to be satisfied by the Organiser pursuant to these Terms and Conditions. If the contract does not specify a third party as Organiser in addition to the Customer/Participant, the Customer/Participant shall al-so be deemed to be the Organiser.

 

Performance by NG shall encompass performance of the event/training session in accordance with the offer and/or provisions stated in the course programme and/or schedule. Customers/Participants for all driving activities must have a valid driving licence (Class B) and present the licence on the date of the training session. The events/training sessions conducted by NG are not in-tended to help participants achieve top speeds, but to improve their driving skills. Customers/Participants of driver training cours-es must be at least 18 years old. Please note the following requirements for participation in formula racing courses at Nürburgring: Height < 1.90 m, Weight < 110 kg, Shoe size < 47, Helmet size < 58Permission to participate shall always depend on the individual proportions of weight to height. Please also note that the vehicles have a clutch so that participants should have experience of driving vehicles with manual transmission. The following requirements apply to participation as co-pilot: Height < 1.95 m, Weight < 115 kg. All events/training courses are conducted in German and/or English. Other languages are available on request. Please con-tact NG. NG reserves the right to exclude Customers/Participants from the event/training session if they do not speak or under-stand the training language sufficiently and are therefore unable to follow safety instructions. In that case, no (pro rata) participa-tion fees will be reimbursed. Participants will be issued with a radio device in connection with some driving activities. On comple-tion of the course, the radio device provided must be returned to NG. The Customer/Participant shall bear the cost of any loss or damage. Performance by NG does not include travel to the event venue and/or accommodation costs. These costs shall be borne by the Customer/Participant unless such performance is included in the offer submitted by NG. 

 

On no account is the Customer/Participant permitted to offer food, beverages, refreshments etc. on the site, inside the sheds or indoor premises of NG in a commercial capacity or to bring such items onto the premises.

 

The following provisions apply to the granting of hospitality:

 

When providing hospitality for participants, personnel, partners and/or guests, the Customer is obliged to consult NG on the choice of caterer. The Customer/Participant can choose from the catering companies authorised by Nürburgring 1927 GmbH & Co. KG. A list of these catering companies will be provided by Nürburgring 1927 GmbH Co KG on request. Unless explicitly otherwise agreed, the catering order shall be placed solely by Nürburgring 1927 GmbH & Co. KG. On no account is the Customer/Participant permitted to sell food and beverages to participants and visitors in a commercial capacity. 

 

The Customer/Participant is obliged to comply with the exclusive brand agreements and supply obligations between Nürburgring 1927 and third parties (e.g. beer, soft drinks, energy drinks etc.). The Customer/Participant is obliged to purchase the agreed prod-uct assortments. A list of the exclusive brand and supplier agreements concluded by Nürburgring 1927 GmbH Co KG can be pro-vided on request.

 

On no account is the Customer/Participant entitled to erect any form of culinary, catering or hospitality facilities in the form of temporary structures or other lounge or seating amenities on the leased modules. Any exceptions to the foregoing provision shall require the explicit written consent of Nürburgring 1927 GmbH & Co. KG. 

 

The Customer/Participant is neither permitted to act on a commercial basis itself beyond the scope of direct execution of the event nor to order the services of traders, such as merchandisers or persons selling accessories, for the event without the prior written consent of Nürburgring 1927 GmbH & Co. KG. The Lessee is obliged to inform the participants, racing services and all oth-er parties of this ban and to monitor compliance.

 

NG shall take out accident insurance to cover any accident risks for the participants occurring in the course of corporate events/training sessions conducted by NG itself. The insurance sums are as follows:

NG also has liability insurance cover for third-party damage occurring during the event/training session with the following insur-ance sums:

Insurance cover applies only up to the maximum sums stated above and if caused by simple negligence on the part of the Customer/Participant. No insurance cover applies in case of gross negligence, intent or in excess of the maximum insurance cover. 

 

Customers/Participants who are simultaneously the Organiser shall be obliged to take out insurance for personal injury and property damage cause by the event for a minimum insurance of €7,500,000 (seven and a half million euros) and a minimum sum of €1,000,000(one million euros) for pecuniary damage. On request by NG, the Customer/Participant shall present proof of the above 
insurance.

NG shall be liable for its obligations pursuant to the contract. This liability shall be limited to defects in performance which are attributable to intent or gross negligence on the part of NG except in the area typically related to the provision of such perfor-mance. The foregoing liability restriction shall not apply to damage caused by injury to life, limb or health resulting from intention-al or negligent infringement of an obligation, also on the part of a legal representative of any other agent employed in perfor-mance of the obligations of the group of persons who have been exempted from liability. The Customer/Participant shall further be obliged to give NG due notice of the possible occurrence of extraordinary damage.

 

NG shall not be liable for any third-party services provided by other companies which have been explicitly indicated as such in the offer. In the event that NG acts as broker for the provision of such services, it shall accept no liability for brokerage errors unless these are attributable to intent or gross negligence. 

The foregoing liability disclaimer shall also apply in favour of DMSB, ADAC, ADAC regional clubs and other persons involved in organisation of the event/training session. 

 

NG shall assume no liability for the loss of any objects, installations, structures or other valuables brought to the premises by the Customer/Participant or by third parties on the Customer`s/Participant’s behalf, unless NG has accepted such items for safekeep-ing subject to payment.

 

The Customer/Participant shall be liable for damage caused by the Customer/Participant to buildings, track (e.g. crash barriers, grass areas etc.) and/or equipment. The Customer/Participant is obliged to report all accidents and damage to the facilities during the event to NG immediately during the event. 

 

The authorised representatives of NG are entitled to issue instructions to the Customer/Participant throughout the entire training session. NG explicitly informs all Customers/Participants that they are obliged to behave with extreme discipline during the train-ing course and to observe all instructions and information issued by the instructor. For safety reasons, Customers/Participants are not permitted to overtake at any time during the training session. Any exceptions to this rule as part of individual exercises will be clarified by explicit instructions issued by the instructor responsible for the exercise concerned. All Customers/Participants are obliged to fasten their seatbelts without exception. Customers/Participants are permitted to remain only in the safety area speci-fied by the instructor. An absolute ban on alcohol and drugs applies throughout the entire training session. Customers/Participants who are under the influence of alcohol and/or drugs will be excluded from the training session. It is essential that all Custom-ers/Participants follow these rules to ensure safety. 

In case of any infringement of the above rules, NG shall be entitled to exclude Customers/Participants from any further participa-tion in the training session without advance warning. In such cases, any payments made by the Customer/Participant will not be re-imbursed. The Customer/Participant shall be liable for all personal injury, property and/or pecuniary damage sustained by NG be-cause the Customer/Participant failed to observe the above rules. Physical fitness is essential to participate in training sessions. All Customers/Participants confirm that they are not aware of any health problems, inclusive of nervous or emotional disorders. Please note that no animals are permitted on the track for safety reasons.

 

CCTV surveillance is in operation at Nürburgring to ensure maximum security for our visitors, staff, facilities and equipment. Films and photographs are made regularly at Nürburgring. Areas where filming and/or photography are in progress will be indicated be-forehand wherever possible. Filming and photography for purely private purposes are permitted outside the designated security areas provided this does not impair or disturb other visitors. NG must be notified of any photo and/or film recordings planned in connection with lease of Nürburgring Sites (e.g. track, paddock, buildings, indoor premises etc), stating the intended purposes, no later than five working days before the rental date/track use. All photo and/or film recordings shall be subject to the consent of NG. If any photo and/or film material made in the course of the track rental is produced and used for advertising, commercial or industrial purposes (e.g. product marketing), such use is subject to charges and must be submitted to NG for prior inspection and approval. No charges shall be payable for photo material which is used solely for advertising the Customer’s/Participant’s own event at Nürburgring and for reporting before and/or after the event or distributed to the participants free of charge for their own private use. All such photo and/or film material must nevertheless be submitted to NG for approval. The Customer/Participant is not permitted to include a logo of NG in such cases. The names, advertising facilities and designations of Nürburgring sites (e.g. track, paddock, buildings, indoor premises etc) in force at the time of the photo and film recordings may not subsequently be edit-ed, modified, deleted or concealed by new material featuring other advertising partners. The introduction of new advertising part-ners shall require the consent of NG. Any use of the airspace above the racetrack during the event shall require prior flight opera-tion authorisation from the Lessor and is permissible only subject to compliance with the official regulations. In particular, the use of any unmanned aircraft with or without combustion engine of any size whatsoever for the purpose of taking aerial photographs shall always require the prior issue of a special flight operations certificate pursuant to Section 16 (1) 7 German Air Traffic Regula-tions. The use of unmanned aircraft (drones/microcopters) during motor sports events is prohibited by the DMSB Regulations on Automobile and Motorcycle Sports Events. A permit for the use of drones must always be obtained from the Rhineland-Palatinate Mobility Authority, Air Traffic Department (Landesamt Mobilität, Fachgruppe Luftverkehr) at least two weeks prior to the planned date of use. The appropriate application forms are available online at https://lbm.rlp.de/themen/luftverkehr/drohnen-uas-/-modellflug. NG shall be permitted to publish any photos or video recordings may by the Customer/Participant. On signing the ap-plication form, the Customer/Participant grants its consent to the publication of such photos/video recordings.

 

On confirmation of the booking, NG shall issue the contracting party at b2b Events / the Organiser an invoice for 50 % of the total amount; NG shall issue an invoice for the outstanding amount after the event/training session. In the case of registration by an in-dividual Customer/Participant, the full training course fee shall be payable immediately. If the Customer/Participant is in contra-vention of its material contractual obligations, NG shall be entitled to withdraw from the contract after granting an extension which has expired without success and threatening to refuse performance. This shall apply in particular in the following cases:

 

The full fee for training course vouchers shall be payable by direct debit, credit card or advance bank transfer; the voucher will be dispatched on receipt of payment. Vouchers entitle the holder to participate in a training course only when the training course fee has been paid punctually and in full by the Customer/Participant. Vouchers can be redeemed within the statutory period of three years. This three-year period shall begin at the end of the year in which the voucher was purchased. Vouchers cannot be redeemed for cash. The sale of vouchers with a price surcharge is prohibited. The following right of revocation applies to vouchers purchased outside the NG premises and/or under a remote sales contract (e.g. over the phone, by e-mail or online order): 

 

The Customer/Participant shall be entitled to revoke the contract within 14 days without stating reasons. The Custom-er/Participant shall be entitled to exercise its right of revocation for a period of 14 days as from the date of conclusion of contract (in the case of a contract for services) or on the date on which the Customer/Participant or a third party named by the Custom-er/Participant, who is not a carrier, has taken possession of the voucher. To exercise the right of revocation, the Custom-er/Participant is obliged to inform NG of its decision in an unambiguous statement (e.g. letter sent by post, facsimile transmission or e-mail) of its decision to revoke the contract. In order to comply with the deadline for revocation, it is sufficient if the Custom-er/Participant sends the notice that it wishes to exercise its right of revocation prior to expiry of the revocation period.

 

1. If the Customer/Participant does not conduct the event for a reason beyond the control of NG, NG shall be entitled to charge the Customer/Participant a lump sum instead of individually calculated compensation. In that case, NG shall be entitled to de-mand the following lump sum, each of which is based on the agreed charges. In case of cancellation of the event 

Notice of cancellation must be given in writing in order to be valid. The Customer/Participant shall be entitled to prove that no damage was sustained, or that the damage did not amount to the level of the lump sum. NG shall be entitled to claim a higher amount if the damage sustained is higher than would be recompensed by the lump sum. In that case, the burden of proof shall lie with NG. The above periods refer to receipt of notice of cancellation by NG. The foregoing provisions shall apply mutatis mutandis if NG refuses to perform the contract and demands compensation because the Customer/Participant has failed to pay, even after an extension has been granted. The foregoing provisions shall apply mutatis mutandis if NG refuses to perform the contract and demands compensation because the Customer/Participant has failed to pay, even after an extension has been granted. The Customer/Participant reserves the right to prove that the damage was lower or that no damage was sustained. Costs such as VISA, telephone charges, processing fees or any insurance premium paid to a travel insurance company via NG will not be reimbursed if the travel is cancelled. Costs such as VISA, telephone charges, processing fees or any insurance pre-mium paid to a travel insurance company via NG will not be reimbursed if the travel is cancelled.

 

2. Remarketing rentals and events to third parties in the corporate customer sector

Any fee already paid for an event/training session will be offset against the lump sum. If it is possible to market the event/training session and any other cancelled ancillary services to a third party and NG succeeds in generating more than 100% of the original remuneration payable by the Customer/Participant from the new agreement between NG and the third party for the cancelled event/training session, the lump sum shall be reduced pro rata by the surplus proceeds. If NG succeed-ed in marketing the event/training session to a third party and received the same remuneration for the cancelled event/training session, the lump sum paid by NG shall be repaid in full minus a processing fee amounting to a maximum of €250. 

 

3. Remarketing participation in a driver training session to a third party

Instead of cancellation, the Customer/Participant shall be entitled to transfer its right to participate to a suitable substitute participant. The Customer/Participant shall not sustain any separate cancellation fees if it transfers its right to participate to a substitute participant. Booked dates can only be changed by cancelling the participation agreement and making a new registra-tion. IF NG succeeds in remarketing the cancelled place, the Customer/Participant shall have the opportunity to attend a train-ing session on an alternative date, provided the alternative date is within the period of validity of the original voucher.

 

The cost of the event/training session does not include travel cancellation insurance. NG advises individual customers to take out such insurance; this must be done no later than within 8 days of receipt of confirmation of participation/confirmation of the date and prior to commencement of the training course. NG is not responsible for dealing with any claims.

 

NG is entitled to cancel any agreed event dates up to one month before the date of the event if this is necessary owing to the postponement of a large-scale event at Nürburgring or to enable a further large-scale event to take place. The Custom-er/Participant shall not be entitled to any claims for compensation. The Customer/Participant shall not be entitled to any claims for compensation. In such cases, the training course fee or the deposit will be refunded, unless the Customer/Participant attends on an alternative date. NG shall be entitled to change the programme at short notice for cause (e.g. because of the weather) or to change the vehicles to be used (e.g. by the co-pilot). In such cases, the Customer/Participant shall not be entitled to reimburse-ment of the training course fee. 

 

NG reserves the right to give advance notice of cancellation of an agreed date for an individual customer if the minimum number of participants is not reached. An alternative date will be agreed in such cases. If it is necessary to discontinue a training course which has already begun for cause (e.g. in case of force majeure, such as natural disasters, acts of terrorism etc. which render the event/training session impossible or constitute a higher risk for Customers/Participants), the training course fee will be reim-bursed on a pro rata basis. Neither the Customer/Participant nor any third party shall be entitled to any further claims.

 

If the event/training session is seriously impaired owing to a fault, the Customer/Participant shall be entitled to reduce the price or terminate the contract. Termination of the contract shall be permissible only if NG has allowed a reasonable extension to expire without remedying the fault. No extension has to be granted if remedy of the fault is impossible or has been refused by NG or if the Customer/Participant has a legitimate interest in terminating the contract. The Customer/Participant shall further be entitled to demand compensation for non-performance; as a rule, however, this shall apply only if the fault is so serious that a reduction of the price of at least 50% is justified. 

 

On no account shall the Customer/Participant be entitled to assign its compensation and/or warranty claims in connection with the training course/training session/event to third parties, regardless of the legal grounds. Nor shall the Customer/Participant be entitled to take court action to enforce claims of other Customers/Participants. The employees of NG are not authorised to recog-nise any claims.

 

The Customer/Participant is obliged to report any complaints immediately on site. The fault will be remedied there if possible. If the Customer culpably fails to report a fault, it shall not be entitled to reduce the price and/or claim compensation.

 

The Customer is obliged to file any claims against NG for non-contractual performance of the training course/training ses-sion/event within one month of the contractually agreed conclusion of the event. Tort claims against NG must be filed within six months of the contractually agreed conclusion of the event. Customers are advised to report all claims in writing. Claims may be filed after expiry of the periods stated above only if the Customer/Participant was prevented from compliance with the deadline without fault on its part.

 

The Customer/Participant and NG agree on a limitation period of one year for contractual claims of the Customer/Participant. A limitation period of three years shall apply to tort claims. The limitation periods shall commence on the day on which the event/training course should have ended pursuant to the contract. If the Customer/Participant has filed such claims, the limitation period shall be suspended until the date on which NG or its liability insurer rejects the claims. The claim shall become statute-barred no earlier than three months after the end of such a suspension.

 

If the registration/booking is not made by the Customer/Participant itself, the party who registered/booked shall be responsible for ensuring that the Customer/Participant is fully informed of these Terms and Conditions of Training. The party who regis-tered/booked shall also be accountable for any infringement of obligations by the Customer/Participant which lead to a ban on further participation.

 

In order to fulfil the contractually agreed purposes, the personal data provided to NG by the Customer/Participant are processed in compliance with the provisions of the European General Data Protection Regulation (EU GDPR) and the Federal German Data Protection Act [“BDSG”]. 

 

NG shall disclose the personal data of the Customer/Participant to providers of ancillary services in connection with the events to enable them to render performance insofar as this is necessary for performance of the contract or corresponds to the legitimate interests of the Customer/Participant pursuant to Art. 6 para. 1 (f) GDPR. NG additionally uses the data of the Custom-er/Participant for the purpose of reciprocal information and communication during and after an event and for its own ancillary ser-vices in connection with the event. 

 

Personal data of the Customer/Participant may also be disclosed to the competent departments/authorities, including but not lim-ited to the police, fire brigade, public order office and ambulance/rescue services, in order to agree on a safety concept for the event/training session. 

 

NG shall process and store all personal data which it receives from the Customer/Participant for as long as necessary to satisfy its contractual and statutory obligations. The above data will be erased by NG after 10 years in compliance with the provisions of tax and commercial law unless the parties continue their business relationship.

 

If a Customer/Participant does not consent to the storage or treatment of its personal data or if these data have become incorrect, NG shall arrange for the data to be erased or blocked or make the necessary rectifications on the instructions of the Custom-er/Participant. On request, the Customer/Participant shall receive information free of charge about all personal data stored by NG concerning the Customer/Participant.

 

Place of performance for all claims arising from the contract shall be Nürburg, Germany. This Agreement shall be governed by the law of the Federal Republic of Germany. If the Customer/Participant is a business enterprise or has no place of general jurisdic-tion in the Federal Republic of Germany, legal venue for all disputes arising from or in connection with the contract shall be Koblenz. 

 

Should any individual clauses of these Terms and Conditions, or the Safety Regulations be or become invalid, this shall not affect the validity of the remaining provisions of the contract. In that case, the invalid provision shall be supplemented or amended so as to achieve the intended objective of the invalid provision as closely as possible.