NÜRBURGRING BUSINESS CLUB PARTNERSHIP
Status: 31.01.2023
1. Scope of application
1.1 These Terms and Conditions apply to contracts for the organisation and implementation of Business Club Partnerships as well as all related services and deliveries of Nürburgring 1927 GmbH & Co. KG and its contractual partners.
1.2 Sub-letting or re-letting of the rooms and areas provided is not permitted.
1.3 The customer's terms and conditions of business shall only apply if these have been expressly agreed in advance.
2. Conclusion of contract, partners, liability
2.1 The contract is concluded by the order placed by the customer and the acceptance of the application (confirmation) by Nürburgring 1927 GmbH & Co. KG; these are the contractual partners. The customer's order must be in writing and requires the original signature of the customer.
2.2 The scope of the contractual service results bindingly from the service description of the offer for the event period as well as from the information referring to this in the event confirmation/invoice.
The employees of Nürburgring 1927 GmbH & Co. KG are not authorised to make additional verbal agreements.
2.3 Nürburgring 1927 GmbH & Co. KG is liable for its obligations under the contract. This liability is limited to deficiencies in performance which, except in the area of typical performance, are attributable to intent or gross negligence on the part of Nürburgring 1927 GmbH & Co. KG. This limitation does not apply to damages arising from injury to life, limb or health that are based on an intentional or negligent breach of duty - including that of a legal representative or vicarious agent of the liable party. In all other respects, the customer is obliged to inform Nürburgring 1927 GmbH & Co. KG in good time of the possibility of the occurrence of extraordinary damage.
3. Services, prices, payment
3.1 Nürburgring 1927 GmbH & Co. KG is obliged to provide the services ordered by the customer and promised by Nürburgring 1927 GmbH & Co. KG to provide the services ordered by the customer and promised by Nürburgring 1927 GmbH & Co. The following regulations apply with regard to the individual services:
3.1.1 VIP tickets
The Business Club Partnership offered includes two VIP tickets as well as a parking ticket (best available parking space) for two rounds of the Nürburgring Endurance Series (NLS), each determined at the beginning of the year.
The motorsport events held at the Nürburgring may vary each year. The annual staging of certain motorsport events is not guaranteed. When booking additional tickets, Nürburgring 1927 GmbH & Co. KG of the desired event.
Should several lounges be used for VIP tickets, the customer is guaranteed a seat in the lounge with the best view and location.
3.1.2 Right of first refusal
The customer receives a right of first refusal to purchase further VIP tickets for events at the Nürburgring of his choice and thus also for events outside the included Nürburgring Endurance Series. This right of first refusal is valid until 3 months before the respective event or until the time when the available VIP tickets for the respective event are sold out. Thereafter, the right of first refusal expires.
3.1.3 Logo presence Nürburgring Media / Use of Partner Logo
Nürburgring 1927 GmbH & Co. KG will display the customer's company logo on www.nuerburgring.de as well as in the live stream of the NLS and the print edition NLS Racing News according to availability. In addition, the customer's company logo will be shown in the Nürburgring video loop on the ring°wall in the ring°boulevard and, depending on availability, on the LED screen opposite the main BMW M Power grandstand as well as on other screens during racing events. The customer is designated as a Nürburgring Business Club Partner.
The customer receives the right to use the Business Club Partner logo on the customer's (online) media (see draft p.1). Any further use must be agreed in advance with Nürburgring 1927 GmbH & Co. KG in advance. Further regulations regarding the use of reciprocal trademarks can be found under point 4.
3.1.4 Discount on Nürburgring services
If the customer books an additional company event with Nürburgring 1927 GmbH & Co. KG, the customer will receive a one-time discount per calendar year of 10% on room rentals and supporting programme items of Nürburgring 1927 GmbH & Co. KG. In this respect, company events are understood to be events during the week and therefore outside the public event weekends. The customer receives a discount of up to 20% per ticket on the purchase of additional VIP tickets to other events at the Nürburgring for which the Nürburgring offers its own VIP tickets. Special discount offers for tickets, driving programmes of the Nürburgring Driving Academy or other Nürburgring services will be offered to the customer subject to availability.
3.2 The customer is obliged to pay the price stated for the selected package on p. 1 to Nürburgring 1927 GmbH & Co. KG for the package selected. This also applies to services and expenses of Nürburgring 1927 GmbH & Co. KG to third parties.
3.3 Of the price stated on page 1, a total of 40% shall be allocated to the advertising rights named under 3.1.3.
3.4 The agreed prices are exclusive of the respective statutory value added tax.
3.5 Invoices of Nürburgring 1927 GmbH & Co. KG without a due date are payable within 14 days of receipt of the invoice without deduction. In the event of late payment, Nürburgring 1927 GmbH & Co. KG is entitled to charge the consumer interest at a rate of 8% above the respective base interest rate. The customer is expressly permitted to prove that lower damages have been incurred.
3.6 In the event of default, Nürburgring 1927 GmbH & Co. KG is entitled to charge a flat rate of Euro 8,- per reminder.
4. Use of trademarks
4.1 The contracting parties mutually undertake to use trademarks and identification marks only in accordance with the respective corporate design guidelines. They shall provide each other with appropriate templates. In the case of the contractual use of logos and lettering, all drafts shall be submitted to the respective other contracting party in advance for written approval.
4.2 The customer recognises the rights of Nürburgring 1927 GmbH & Co. KG to its company logo and the company keyword "Nürburgring".
4.3 The customer acknowledges that he/she does not acquire any rights of his/her own to the company logo and the "Nürburgring" trademark through the Business Club Partnership.
4.4 The customer is not entitled to use the company logo of Nürburgring 1927 GmbH & Co. KG or the "Nürburgring" trademark in its own name, either alone or in combination with other components, and undertakes not to use any trademarks in the licence area that are identical or similar to the licence trademarks or the company keyword "Nürburgring".
4.5 Public statements and any other communication with regard to the cooperation of the contracting parties shall be mutually agreed in advance and released in writing.
5. Term
The term of the Business Club Partnership shall be for one year at a time. It shall be automatically extended by a further year unless it is terminated by one of the parties 3 months before expiry. Termination must be in writing. The right to terminate for good cause remains unaffected. An important reason for termination without notice on the part of Nürburgring 1927 is, for example, a breach of these General Terms and Conditions for the Business Club Partnership by the customer.
6. Resignation of Nürburgring 1927 GmbH & Co. KG
6.1 Nürburgring 1927 GmbH & Co. KG is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances beyond the control of Nürburgring 1927 GmbH & Co. KG for which it is not responsible make it impossible to fulfil the contract;
- events are booked under misleading or false statements of material facts, e.g. of the customer or purpose;
- Nürburgring 1927 GmbH & Co. KG has reasonable grounds to assume that the event will impair the smooth running of the business, the safety or the reputation of Nürburgring 1927 GmbH & Co,
- the safety or reputation of Nürburgring 1927 GmbH & Co. KG may jeopardise the smooth running of the business or the public
- is not attributable to the sphere of control or organisation of Nürburgring 1927 GmbH & Co. KG
6.2 Nürburgring 1927 GmbH & Co. KG must inform the customer immediately of the exercise of the right of withdrawal.
6.3 In the event of withdrawal, the customer shall have no claim for damages against Nürburgring 1927 GmbH & Co. KG.
6.4 Should Nürburgring 1927 GmbH & Co. KG withdraws from the contract due to a breach of these General Terms and Conditions for the Business Club Partnership by the customer, Nürburgring 1927 GmbH & Co. KG shall be entitled to invoice the agreed services, insofar as a subletting is not possible.
6.5 The customer is expressly permitted to prove that no damage or a reduction in value has occurred at all or that it is significantly lower than the flat rate.
7. Withdrawal of the customer (cancellation)
7.1 In the event of withdrawal by the customer, Nürburgring 1927 GmbH & Co. KG is entitled to invoice the agreed services if further rentals are no longer possible.
7.2 In the event of cancellation up to the 90th day before the start of the event, cancellation fees amounting to 30% of the order sum shall be due.
In the event of cancellation between the 89th and 30th day before the start of the event, cancellation fees amounting to 60% of the order sum shall be due.
In the event of cancellation from the 29th day before the start of the event, cancellation fees amounting to 90% of the order sum are due.
In the event of cancellation from the 2nd day before the start of the event or non-appearance, cancellation fees amounting to 100% of the order sum shall be due.
7.3 The customer is expressly permitted to prove that no damage or a reduction in value has been incurred at all or that the damage or reduction in value is significantly lower than the flat rate.
8. Acceptance of admission tickets
8.1 Admission tickets shall be dispatched after payment has been made in full. Nürburgring 1927 GmbH & Co. KG reserves the right to hand over the admission tickets at a place and time determined by Nürburgring 1927 GmbH & Co. KG at a place and time determined by Nürburgring 1927 GmbH & Co. KG.
8.2 All admission tickets remain the property of Nürburgring 1927 GmbH & Co. KG.
9. Loss of or damage to items brought with the customer
Exhibits or other items, including personal items, brought along are located in the event rooms at the risk of the client. Nürburgring 1927 GmbH & Co. KG accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of Nürburgring 1927 GmbH & Co. KG.
10. Liability of the client for damages
10.1 The customer shall be liable for any damage to buildings, inventory or other property caused by Nürburgring 1927 GmbH & Co. KG or third parties commissioned by it, which are caused by event participants or visitors, employees, other third parties from his area or himself.
10.2 Nürburgring 1927 GmbH & Co. KG may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
11. Cancellation of the contract due to extraordinary circumstances
If the event is unforeseeably made more difficult, endangered or impaired after conclusion of the contract due to force majeure, which also includes the destruction of accommodation or incidents of equal weight, both contracting parties may cancel the contract. In the event of termination before the start of the event, the customer shall be refunded the price paid without delay. There shall be no further claim. For services already provided, Nürburgring 1927 GmbH & Co. KG may demand payment for services already provided.
12. Warranty/compensation
12.1 If the event is considerably impaired as a result of a defect, the customer may reduce the price or terminate the contract. Termination is only permissible if Nürburgring 1927 GmbH & Co. KG has allowed a reasonable period set by the customer to elapse without taking remedial action. The setting of a deadline shall not apply if remedial action is impossible or refused by Nürburgring 1927 GmbH & Co. KG or if the termination of the contract is justified by a special interest of the customer. In addition, he may claim damages for non-performance; as a rule, however, only if the defect is so substantial that a reduction in price of at least 50% is justified.
12.2 A right of assignment to third parties of any claims for damages and warranty claims of the customer on the occasion of the event, irrespective of the legal grounds, is excluded. Likewise excluded is the legal assertion of claims of other customers/participants in one's own name.
12.3 The employees of Nürburgring 1927 GmbH & Co. KG are not authorised to acknowledge claims.
13. Duty to cooperate
The customer is obligated to immediately bring his complaint to the attention of the staff on site. Remedial action will be taken there if possible. If the customer culpably fails to report a defect, a claim for reduction and compensation shall not arise.
14. Handling of complaints, preclusion periods for claims and statute of limitations
14.1 Claims for non-contractual provision of the event must be made by the customer within one month of the contractually agreed end of the event to Nürburgring 1927 GmbH & Co. KG within one month of the contractually agreed end of the event. Claims in tort must be asserted against Nürburgring 1927 GmbH & Co. KG within 6 months of the contractually agreed end of the event. It is recommended that claims are made in writing. After expiry of the deadline, claims can only be asserted if the customer was prevented from complying through no fault of his own.
14.2 The customer and Nürburgring 1927 GmbH & Co. KG agree on a limitation period of one year for contractual claims of the customer. Claims in tort are subject to a limitation period of three years. The statute of limitations begins on the day on which the event was to end according to the contract. If the customer has asserted such claims, the limitation period shall be suspended until the day on which Nürburgring 1927 GmbH & Co. KG or its liability insurer rejects the claims. The limitation period shall commence at the earliest three months after the end of the suspension.
15. Miscellaneous
Data transmitted by the customer will be stored in the EDP system of Nürburgring 1927 GmbH & Co. KG and those of contractual partners.
16. Final provisions
16.1 Amendments or supplements to the contract, the acceptance of the application or these Terms and Conditions for Business Club Partnerships must be made in writing. Unilateral amendments or supplements by the customer are invalid.
16.2 The place of payment is the registered office of Nürburgring 1927 GmbH & Co. KG.
16.3 The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions shall be the registered office of Nürburgring 1927 GmbH & Co. KG. If a contractual partner fulfils the requirements of section 38, paragraph 1 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Nürburgring 1927 GmbH & Co. KG.
16.4 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event of a commercial purchase on both sides, the registered office of Nürburgring 1927 GmbH & Co. KG shall be the sole place of jurisdiction.
16.5 Should individual provisions of these General Terms and Conditions for Business Club Partnerships be invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.