General terms & conditions
§ 1 Scope
The following GTC apply to all transactions with HEIMAT RACING UG (hereinafter: Lessor). Deviating provisions, in particular any GTC of the customer, shall have no meaning.
§ 2 Contract offer and conclusion of contract
1. Conclusion of the contract on site: The contract is concluded by signing the rental agreement on site at the premises of the Lessor at the Nürburgring
2. Conclusion of contract via internet / means of remote communication:
The information/offers on the Lessor's website are for information purposes only. They do not constitute an offer within the meaning of § 145 BGB (German Civil Code), but only a non-binding invitation to the customer to submit a booking enquiry. The customer will receive a confirmation of receipt of his booking request from the lessor and then the rental agreement with the booking date requested by the customer. The return of the rental agreement after it has been signed by the tenant shall be deemed to be a binding contractual offer by the tenant. In this case, the contract shall only come into effect after the lessor has signed the contract and returned it to the lessee.
3. The rental contract is personalThe customer's rights hereunder cannot be assigned to or used by third parties. In order to use the rental vehicle, the customer must be at least 23 years old, hold a a valid driving licence and be in good health and physically and mentally capable of driving a motor vehicle.
§ 3 Services of the Rental Firm
The services of the Rental Firm are limited to the rental of vehicles of various manufacturers and types as self-drive rental cars for use on the Nordschleife at the Nürburgring. Other services are not the subject of this contract.
§ 4 Duties of the Tenant, Indemnity
(1) Compliance with the Road Traffic Regulations and all other applicable regulations and laws during the use of the vehicle is the sole responsibility of the Hirer. The Hirer shall indemnify the Rental Firm against all fines and warning fees, charges or other costs levied against the Rental Firm by the authorities on the occasion of such infringements.
(2) In the event of any damage occurring, including damage or accidents not involving third parties, the Hirer is obliged to notify the Rental Firm immediately.Towing and/or repair services may only be commissioned after consultation with the Lessor.
(3) If the vehicle is involved in an accident of any kind (traffic accident, wildlife accident, etc.) and at any location (racetrack, road traffic), the Hirer must inform the police immediately and arrange for the police to record the course of the accident/damage. Irrespective of this, the Hirer is obliged to secure all relevant accident data of the parties involved in the accident as well as evidence (witnesses, traces etc.) and to record them in the accident questionnaire located in the vehicle and to hand over a written accident report, if necessary, with an accident sketch, to the Rental Firm without delay. He must do everything that can contribute to a proper and complete clarification of the circumstances of the accident. The tenant undertakes, not to acknowledge any debt and not to take any other actions (payments, settlements) that could jeopardise any insurance cover.
(4) The Hirer is obliged to inform the Rental Firm upon return, without being requested to do so, if damage has occurred to the vehicle during the Hirer's rental period. The lessee is also obliged to inform the lessor without being asked if he has driven the vehicle against another vehicle or an object. This shall also apply if the Hirer does not claim to have noticed any damage either to the hired vehicle or to the other vehicle or object.
§ 5 Liability of the renter
(1) The renter is liable for theft, as well as for all damage caused to the rented racing vehicle during the rental period or caused by his operation, unless he proves that he is not at fault.
(2) The lessee shall be liable for all damage to the vehicle caused by operating errors, overuse, or breach of other obligations under §§ 4-6 of the rental agreement during the rental period. This also applies to disproportionately high tyre wear due to improper use.
(3) The lessee is equally liable for damage caused by other lessees or his relatives, workers, employees, passengers, or others who come into contact with the vehicle through or via the lessee, insofar as the hirer culpably fails to establish findings on the person and the subject necessary for the enforcement of any claims for compensation of the lessor in a conclusive manner.
(4) The Hirer shall also be liable if the damage is only ascertained after the vehicle has been returned. The lessor must prove that the vehicle has not been used by him or a third party in the meantime.
(5) The Hirer shall indemnify the Rental Firm on first demand against all claims by third parties which are asserted against the Rental Firm as a result of the Hirer's use of the vehicle unless these claims are based on the fault on the part of the Lessor.
(6) Any benefits / payments (compensation for damages, etc.) which the Lessor receives from third parties (Opponent of the accident, other parties involved in the accident, insurers, etc.) or otherwise, shall be offset against claims for damages against the Hirer.
§ 6 Liability of the Lessor
(1) The Lessor shall not be liable to the Hirer for damages or reimbursement of expenses, irrespective of the legal basis.
(2) The above exclusion of liability shall not apply in so far as liability is mandatory by law, as well as
• for the Lessor's own intentional or grossly negligent breaches of duty or intentional or grossly negligent breaches of duty by legal representatives or vicarious agents of the Lessor;
• for the breach of essential contractual obligations; "essential contractual obligations" are those obligations which protect the legal positions of the hirer which are essential to the contract and which this contract is precisely intended to grant him according to its content and purpose; essential contractual obligations are also those contractual obligations, the fulfilment of which is essential for the proper performance of this contract and on the observance of which the tenant has regularly relied and may rely;
• in the event of injury to life, limb, and health also by legal representatives and vicarious agents of the Lessor;
• in the event of default, insofar as a fixed delivery date was agreed;
• insofar as the lessor has given a guarantee for the quality of the contractual products or for the existence of a performance result, or a procurement risk;
• in the case of liability in accordance with the Product Liability Act or other legally binding liability provisions.
(3) Insofar as the lessor, his legal representatives or his vicarious agents are only guilty of slight negligence and there is no case according to the previous paragraph 2, third, fourth, fifth and sixth indent, the lessor shall only be liable for damage that’s typical for the contract and foreseeable, even in the event of a breach of material contractual obligations.
(4) Insofar as the Lessor is liable in accordance with this § 6, the amount of his liability is limited for each individual case to a maximum liability amount of EUR 100,000.00. This shall not apply if the Lessor is guilty of malice, intent, or gross negligence, for claims due to injury to life, limb, or health, as well as in the case of a claim based on a tortious act or an explicit, additional guarantee or the assumption of a procurement risk by the lessor or in cases of legally mandatory, deviating, higher liability sums. Any further liability of the lessor is excluded.
(5) The liability of the lessor for indirect damage (in particular in the form of lost profit) is excluded. Paragraph 4 sentence 2 above shall apply accordingly.
(6) A reversal of the burden of proof is not associated with the above provisions.
§ Section 7 Final Provisions
(1) There are no verbal ancillary agreements. Amendments, supplements, and terminations of this contract, of a supplementary agreement and/or of any other part of the contract must be in writing or text form (e.g. e-mail). Deviations from this provision must also be made in writing/text form.
(2) Conduct deviating from the contract shall neither change nor cancel agreed rights and obligations, nor shall it create new rights and obligations.
(3) Should provisions of this contract be or become invalid or impracticable, this shall not affect the validity/enforceability of the contract. The contracting parties undertake to replace the invalid/impracticable provision by a valid/practicable provision which is in line with the purpose of the invalid/impracticable provision. The same shall apply in the event of a loophole.
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