GENERAL TERMS AND CONDITIONS FOR USE OF THE RING°KARTBAHN
of Nürburgring 1927 GmbH & Co. KG (NG)
1. Validity
The following General Terms and Conditions are an integral part of all agreements concluded between third parties and NG for use of the ring°kartbahn. NG shall not be obliged to object to any restrictions imposed by the contracting party. The statutory provisions shall otherwise apply. Any general terms and conditions of the contracting party and/or any additional agreements, as well as any amendments and/or ancillary agreements shall be binding only to the extent that NG has given its explicit written consent.
2. Conclusion of Contract
NG shall be bound only be written contractual statements made by NG, including but not limited to offers of performance and acceptance of offers. All oral agreements must be confirmed in writing by NG in order to be valid. The contracting party undertakes to inform NG as soon as possible of any amendments to the course of an event which has already been agreed.
3. Cancellation of events
In the event of cancellation of an event by the contracting party, the following shall apply:
- If notice of cancellation is given 60 calendar days or more prior to commencement of the event, NG shall charge 10 % of the price quoted for the offer.
- If notice of cancellation is given between the 59th and the 16th calendar day prior to commencement of the event, NG shall charge 60 % of the price quoted for the offer.
- If notice of cancellation is given between the 15th and the 6th calendar day prior to commencement of the event, NG shall charge 80 % of the price quoted for the offer.
- If notice of cancellation is given within the last 5 days prior to commencement of the event, NG shall charge 90 % of the price quoted for the offer.
- If notice of cancellation is given on the day of commencement of the event, NG shall charge the full price quoted for the offer.
- The same shall apply in the event that the contracting party fails to show on the day of the event without giving notice of cancellation.
4. Scope of performance
Performance by NG shall include the provision of all materials and services required for performance of the agreed event. The details shall be stipulated in the agreement concluded for the individual event.
All objects and materials supplied by NG for performance of the event, with the exception of food and beverages, are and shall remain the property of NG. These objects and materials shall be returned to NG immediately on conclusion of the event. Any shortages on return of the above objects and materials shall be charged to the contracting party at replacement price. NG shall be obliged to take back any beverages supplied on a sale or return basis only if the containers have been neither opened nor damaged.
5. Lapse of obligation to perform
NG shall no longer be obliged to render performance if it is prevented from fulfilling its obligations owing to the occurrence of unforeseeable, exceptional incidents which could not be averted despite the exercise of all due care. Such incidents shall include in particular force majeure, operational disruptions, strike or lockout, intervention by public authorities, delay in the delivery of essential materials and similar obstacles. The foregoing shall apply irrespective of whether the contracting party or NG is responsible for the obstacle.
If NG is released from its obligation to render performance, the contracting party shall not be entitled to any claims for compensation and/or rights of rescission on these grounds. In such cases, the contracting party undertakes to reimburse NG the costs incurred up to the time at which NG was released from its obligation to perform the event.
6. Payment, default, set-off
Any down payment which has been agreed shall be due no later than the 7th day prior to commencement of the event. Final invoice amounts shall be payable immediately in full without any deductions. In case of default in payment, the statutory provisions shall apply. The contracting party shall be entitled to offset against its own counterclaims only if these claims are undisputed or have been established by law as final and non-appealable.
7. Complaints, passing of risk
The contracting party shall be obliged to inspect all goods and other performance supplied by NG. Complaints must be filed with the NG event manager immediately. NG shall not be liable if the contracting party fails to report the complaint or fails to do so immediately so that the resulting defects cannot be remedied in time to enable trouble-free performance of the event.
On acceptance of deliveries or services within the meaning of Clause 3 of these General Terms and Conditions by the contracting party, the risk of loss, damage, reduction and deterioration as well as the risk of any consequential damage shall pass to the contracting party.
8. Liability
NG shall accept no liability whatsoever for personal injury, property or pecuniary damage or for any consequential damage. The foregoing shall also apply to fault on the part of any agents employed in performance of NG’s obligations.
The above liability disclaimer shall not apply to liability for injury to life, limb or health caused by culpable infringement of an obligation by NG or an agent employed in performance of NG’s obligations, or to any other damage resulting from infringement of an obligation owing to intent or gross negligence on the part of NG or an agent employed in performance of NG’s obligations.
9. Data protection
Customer data collected by NG shall be archived and processed solely for the purposes of the event concerned. No data shall be disclosed to third parties.
Further information on data processing and your rights can be found in our privacy policy at www.nuerburgring.de/datenschutz or by contacting our data protection coordinator at datenschutz@nuerburgring.de.
10. Closing provisions
Any amendments and/or addenda to the terms of the agreement and/or to these General Terms and Conditions must be recorded in writing in order to be valid.
The foregoing shall also apply to any amendment and/or waiver of this written form requirement. Should one or more of these provisions be invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by an agreement which comes as close as possible to the economic objective and purpose of the provision that is to be replaced.
Insofar as legally permissible, legal venue for all legal disputes arising from the contractual relationship or concerning its entry into force and/or validity shall be Nürburg, Germany.
This Agreement shall be governed by the law of the Federal Republic of Germany.
GENERAL TERMS AND CONDITIONS OF KART RENTAL
of Nürburgring 1927 GmbH & Co. KG (NG)
1. The minimum age for participants in rental kart races is twelve. Minors who wish to conclude a rental agreement require the written consent of a parent or guardian.
2. Karts may be used only by the person who has accepted and signed the relevant liability disclaimer and waiver.
3. Karts may be used only by persons who do not suffer from any ailments which preclude general safety. Persons suffering from back or spinal complaints, cardiac problems or high blood pressure are explicitly informed of the special risks.
4. Karts may not be used by persons under the influence of alcohol, medication or any other intoxicants. The provisions of the road traffic regulations shall also apply.
5. Rental karts are handed over in perfect condition. The ring°kartbahn staff must be advised of any defects at the time of handover of the karts and prior to use. No subsequent complaints will be accepted.
6. Before using the karts, users of ring°kartbahn are obliged to read carefully the track and flag regulations which are displayed near the ticket office as well as the safety and operating instructions for the rental karts. All provisions contained in the above regulations are binding. Users who do not understand one of the provisions are obliged to seek information about the meaning of the regulation from the ring°kartbahn staff before using the karts.
7. Rental karts may only be used on the designated tracks.
8. In the event of damage to the vehicle during use of the rental karts, e.g. because of a collision with other vehicles, track barriers or other obstacles, the user is obliged to discontinue use immediately, even if not requested to do so by the ring°kartbahn staff, and to take the kart to the pit row for the damage to be inspected.
9. The race must be discontinued on the instructions of the staff (showing the red flag). The race must be discontinued in particular if one of the following conditions applies:
- reckless driving, in particular leaving the track, spinning on the track or tailgating the vehicle in front
- endangering other drivers or spectators
- failing to follow the instructions of the staff
10. If the race is discontinued for one of the reasons stated under the above no. 9, the user is neither entitled to continue to use the kart nor to demand a full or partial refund of the ticket price.
11. All instructions issued by the operators and staff of Nürburgring 1927 GmbH & Co. KG must be followed without exception.
12. NG shall accept no liability whatsoever for personal injury, property or pecuniary damage or for any consequential damage. The foregoing shall also apply to fault on the part of any agents employed in performance of NG’s obligations. The above liability disclaimer shall not apply to liability for injury to life, limb or health caused by culpable infringement of an obligation by ring kartbahn or an agent employed in performance of its obligations, or to any other damage resulting from infringement of an obligation owing to intent or gross negligence on the part of NG or an agent employed in performance of NG’s obligations.
13. Should one or more of these provisions be invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by an agreement which comes as close as possible to the economic objective and purpose of the provision that is to be replaced.
14. Insofar as legally permissible, legal venue for all legal disputes arising from the contractual relationship or concerning its entry into force and/or validity shall be Nürburg, Germany.
15. This Agreement shall be governed by the law of the Federal Republic of Germany.