This Agreement (“Agreement” or “Contract”) is between the (1) signatory (“Driver”) of the associated invoice and rental form, and this Contract, which includes the terms and conditions of the use of cars, recording materials and other services and materials provided by Apex Nürburg GmbH, and (2) Apex Nürburg GmbH (“Apex”).
The rented vehicle is intended to be used solely in the manner specified in this Contract, and only by the Driver, after presenting a valid (international) driving license, of which a paper or digital copy will be attached to the Contract or stored digitally. Usage of the car and/or other materials is allowed on (1) the Nürburgring Nordschleife, (2) on the public roads during a guided tour, (3) the Driver safety center and (4) on any circuit at which Apex provides its services. The Nürburgring Grand-Prix circuit can only be driven as a part of a variant of the track lay-out during a tourist drive. Driving on the public road is furthermore allowed while travelling between the Apex main location and the entrance of the Nürburgring Nordschleife, or any of the previously mentioned locations.
It is pertinent that the Driver follows all local laws, regulations and upholds a level of respect and caution while traveling on public roads – as well as on circuit. The Driver is liable for all penalties, fines and/or damages that are attributed to the use of the vehicle due to violation of law. The Driver has read the safety regulations for tourist drives on the Nürburgring, as well as the safety guidelines of Apex. An instruction lap – which is where an instructor assigned by Apex will assess the Driver’s driving ability – is required for a number of rental cars for every Driver’s first lap. If the Driver is not deemed competent to drive the car or track, the Contract can be terminated. In this case, the Driver cannot appeal to any form of reimbursement of any of the fulfilled and unfulfilled services, unless agreed upon by the Apex staff. When participating in a track day or any safety training event, the Driver – by signing this contract – formally declares that he has furthermore read the general conditions of the track day organizer.
Apex reserves the right to copy and store, either printed or digitally, the details of a valid credit card, belonging to the Driver, as a form of safety deposit for the rental of an Apex vehicle and keep the acquired credit card details on record for up to 5 working days. The invoice amount is based on the number of laps driven, which is calculated, based on the overall kilometers driven during the rental period. The Driver can be provided with a car-specific lap ticket card, which can grant them access to the track, which is included in the all-inclusive rental package price, at a flat-rate of 30 Euros per lap. The Driver accepts liability of this card and in the event that the card is damaged or lost, a replacement fee of 500 Euros will be charged to the Driver.
When participating in a tourist drive, the Driver – by signing this contract – formally declares that, as a part of any activity and/or events he takes part in, while driving or being inside an Apex car, the Driver waives, both for himself and any of his right holders or passengers, including their respective insurers, all possible claims, including for personal or bodily injury and material damage, being Apex, and/or its subsidiaries, contract partners, parent companies, affiliates, shareholders, directors, personnel and/or representatives, the Driver of the vehicle, the instructor, and the owner of the vehicle that was rented from Apex by the Driver. Notwithstanding, all passengers entering an Apex vehicle are required to sign this Agreement, in order to release liability. The Driver accepts all liability in case unauthorised passengers sustains injury, due to the violation of this Contract. |
Every Apex vehicle is inspected by Apex technicians and handed over to the Driver in a fully operation and traffic-safe condition. After expiry of the agreed upon rental period, the vehicle is to be returned immediately to the Apex main location, and, if exceeded, a penalty fee might be charged. It is pertinent that the vehicle is returned in similar condition it was delivered. It’s the Driver’s responsibility to mind the vehicle display, monitor temperatures and warning lights and report (the suspicion) of a malfunction immediately to Apex, as continuing to drive can damage the vehicle. Whereas normal wear-and-tear (cleaning, brake and tire wear, regular service costs and upkeep) is included in the rental price, excessive wear and contamination due to (repeated) improper use is not, such as drifting, handbrake use, burn-outs, overrevving the engine, improper gear changes and excessive use of curbs or run-off areas. Costs associated with such repairs will be calculated by an Apex technician and are, in their entirety and at full rate, chargeable to the Driver, immediately upon the identification of the damage(s). The Driver is also responsible for all accidental damage to the vehicle up to the excess. Apex accepts no liability for objects left in the vehicle. The unauthorized operation of an Apex vehicle releases Apex from all excess agreements with the Driver. If an accident occurs, and the conductor is determined to have operated the Apex vehicle illegally, the Driver assumes all liability for all repairs in their entirety and all costs of the damage in their entirety shall be borne by the Driver. Accidents that occur due to unforeseen circumstances such as tire failure or other mechanical failure are not assumed to be exempt from the excess. The Driver is responsible for all damages to the car while under his possession. To ensure the safety of future customers all incidents are to be immediately reported to Apex staff. Apex reserves the right to use the provided credit card details to acquire all unpaid services, penalty fees and damage expenses.
It remains the right of Apex to adjust or cancel the rental program, require instruction laps and/or implement a change in the booking terms, details or Contract based on, but not limited to (1) experience of the driver, (2) weather conditions, (3) changes in readiness of the vehicle in terms of safety or maintenance, (4) volume of traffic on the public road or track, (5) as a result of force majeure, (6) security considerations and/or (7) requirements of the government, without any reimbursements being due by Apex, unless agreed up differently with the Apex staff.
All advanced reservations require payment before arrival, whereas extra laps or last-minute additions can be paid for on-site. If a booking is not able to be realized or completed in full by the Driver due to a verifiable inability to do so, or unexpected track closures, a voucher will be provided to the Driver for the unrealized services. Cancellations due to the customer’s personal choices regarding unfavorable weather during the planned rental period or the similar will not be refunded. If a driver is unable to realize his laps due to uncontrollable and unforseen circumstances such as travel or health issues, it is possible for the driver to transfer his contract to another driver or to reschedule his booked services to a later date. Apex staff reserves the right to approve or deny all transfers or refunds based on provided Information regarding the specific situation.
While using our services, the Driver may be asked to provide us with certain personally identifiable information which may include but is not limited to an e-mail address. This information is collected for the purpose of invoicing, identifying and communication, and improving existing and developing new services. Apex has the right to track the rented vehicle(s) by GPS, record videos and/or audio (both internally and externally) and appeal on images, also of third parties, to ensure that the terms and conditions as determined by this Contract, were in fact followed. The Driver consents to the usage and release of any and all auditive and visual recordings for the production of promotional and marketing material, litigation and legal proceedings, along with any other purpose that Apex or its employees see as reasonably applicable. This release exempts Apex, its employees and its associates from liability and/or recourse from the above use of said recordings.
There are no additional addendums to this contract. Should any section of this agreement be legally invalid, the invalid clause does not jeopardize the validity of the remaining sections or clauses in this agreement. Any and all agreements made by Apex Nürburg GmbH, its associates and its customers are to be made in writing and on this contract form in the additional agreements section of page 1. If an agreement is made and it is not documented on this form it is invalid and does not exist.