GENERAL TERMS AND CONDITIONS OF USE
of Nürburgring 1927 GmbH & Co. KG for the use of the information and other services provided on the website www.nuerburgring.de
Last updated: May 2021
1. Scope of application
1.1 These Terms and Conditions of Use apply to the use of the information and other services which you (hereinafter: user) can subscribe to and use on the www.nuerburgring.de website unless any separate General Terms and Conditions (GTC) apply to these services. These Terms and Conditions apply to all purchases of goods and/or tickets and any other services used. These refer to the information and other services provided by Nürburgring 1927 GmbH & Co. KG, Otto-Flimm-Straße, 53520 Nürburg, represented by its Managing Directors Ingo Böder and Christian Stephani (hereinafter referred to as "Nürburgring").
1.2 Owing to continuously changing technical and legal circumstances, Nürburgring reserves the right to amend and/or update these Terms and Conditions of Use with effect for the future. Before using our website, please check when the last amended version was posted on the website. The Terms and Conditions of Use were last updated in May 2021.
2.1 Users may be able or obliged to register in order to use or subscribe to individual information or other services provided on the www.nuerburgring.de website. On registering, the user undertakes to provide the requested data correctly and in full and to update the data in case of any changes. The user can update the data by logging into the website and using the profile button (user’s initials).
2.2 Nürburgring reserves the right to expand, amend and/or improve the offered services at any time, provided such changes are reasonable for the user, bearing in mind the interests of Nürburgring. This shall be the case in particular if the changes do not entail any financial disadvantages for the user, e.g. when new functionalities are rolled out as new use options.
2.3. Users are permitted to register only once in order to prevent double registrations. (If you have forgotten your password, you can create a new password by using the function “Forgotten password”.
2.4 Users undertake not to disclose their passwords to any third parties, even if asked to do so. Please note that Nürburgring and/or service staff are not authorised to ask users for their password and would therefore never do so.
2.5 Users are liable for any damage that occurs because a third party has obtained knowledge of their passport owing to negligence or intent on the part of the user. If a user’s password has been stolen or if the user becomes aware that it has been unlawfully used by a third party, the user is obliged to notify Nürburgring immediately by using the contact form or by sending an e-mail to email@example.com. Nürburgring will then block the password from further use and inform the customer that this has been done. The customer is then obliged to generate a new, safe password.
3. Obligations of the user
3.1 The services may be used for private purposes only. Any use for business (commercial) purposes is not permitted. In particular the user may not use the services to promote websites, services or commercial products or services offered by third parties.
3.2 When using this website and the services offered there, the user is obliged not to infringe any applicable legal regulations. In particular the user shall ensure that any content distributed by the user (including links) does not infringe any third-party rights (including but not limited to copyright), that it is in compliance with the provisions of criminal law and provisions for the protection of minors and thus does not distribute in particular any content which is racist, pornographic or obscene, which promotes violence or drugs, is offensive or unsuitable for minors. The user further undertakes not to distribute any malware, viruses or unsolicited mass mails and to refrain from doing anything which could jeopardise the performance and availability of the services provided on this website. The user is further not permitted to incite others to participate in chain mails, pyramid schemes or other gambling games.
3.3 Users are fully liable for their behaviour and for all content (including links) posted by the user. In that respect, the user shall indemnify Nürburgring for all third-party claims and the costs of any necessary legal defence against claims filed against Nürburgring owing to the user’s behaviour or content.
4. Third-party content; deletion of content
4.1 Content posted, sent or received by users is not content provided by Nürburgring (“third-party content”) but is attributable solely to the user who posts the content. As such content is posted in real time, Nürburgring is unable to check the content promptly.
4.2 Users herewith consent to the use and publication of their content on all platforms and services operated by this website.
4.3. As soon as Nürburgring becomes aware of any obviously illegal content, Nürburgring shall be entitled to delete such content without prior notice. This shall be done in particular in case of infringements of Clause 4.2. The same shall apply if Nürburgring receives an order from a public authority or court to delete such content or if, in order to avoid a court case, Nürburgring undertakes vis-à-vis a third party no longer to publish the content. In all other cases in which Nürburgring has reason to suspect a breach of law, it shall be entitled to delete the content and ban the user for the time being in order to prevent any further damage.
5.1 Nürburgring shall have unlimited liability in cases of intent and gross negligence. In case of infringement due to simple negligence of a primary obligation or of an accessory obligation, the infringement of which jeopardises achievement of the object of the contract or the performance of which is essential to enable due and proper performance of the contract and which the user can rightly expect to be fulfilled (“essential accessory obligation”), Nürburgring’s liability shall be limited to the typical damage in case of such contracts which was foreseeable at the time of conclusion of contract. Nürburgring shall not be liable for the infringement of accessory contractual obligations due to simple negligence if these do not constitute essential accessory obligations.
5.2 The foregoing liability disclaimers and limitations shall not apply to culpably caused damage resulting from injury to life, limb or health, to Nürburgring’s liability for claims filed by the user pursuant to the Product Liability Act, owing to fraudulent misrepresentation or if Nürburgring has assumed a warranty for the quality of the services. The foregoing does not imply any change in the onus of proof to the disadvantage of the user.
5.3 The foregoing liability disclaimers and limitations also apply to the personal liability of the legal representatives of Nürburgring or any agents employed in discharge of Nürburgring’s obligations.
6. Term of the contract
Nürburgring is entitled to terminate all uses and all granted rights of use with immediate effect at any time. The customer can terminate the services used at any time. To do so, the customer can unsubscribe from the service concerned by logging into the website and using the relevant unsubscription process. In order to delete your personal user account, please send an e-mail to firstname.lastname@example.org. Customers are informed about the option of unsubscribing from the newsletter in the footer of each newsletter. Nürburgring shall inform the user of termination of a service by sending an e-mail to the e-mail address provided during the registration process.
7. Data Protection
8. Alternative dispute resolution pursuant to German Act on Alternative Dispute
Resolution in Consumer Matters.
Nürburgring is neither willing nor obliged to participate in a dispute resolution procedure before a consumer conciliation body.
9. Applicable law, severability clause
This Agreement shall be governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is explicitly ruled out. Users who are consumers pursuant to Section 13 German Civil Code and have their habitual abode in a state of the European Economic Area other than Germany remain protected in accordance with the relevant provisions of their state of residence; no deviation from these provisions is permitted by way of agreement.
9.2 If one or more provisions of these Terms and Conditions of Use should be or become wholly or partly invalid, this shall not affect the validity of the contract and the remaining provisions.