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.
terms & conditions – apex hotel
Scope of Contract
- These terms and conditions apply to contracts for the rental of hotel roomsfrom Apex Nürburgfor accommodation purposes as well as all other goods and services rendered by the Hotel for the customer.
- Prior written consent by the Hotel is required if rooms provided are to be sublet or rented to third parties or used other than for accommodation purposes.
- The customer’s terms and conditions shall only apply if these were agreed in advance.
- The contract shall come into force upon the hotel’s acceptance of the customer’s application. The Hotel can elect to confirm the room reservation in writing. The contracting parties are the Hotel and the customer. Should a third party have booked a room on behalf of a customer, then that third party and the customer shall be liable to the Hotel as joint debtors for all obligations arising from the Hotel Accommodation Contract, insofar as the Hotel has received a corresponding statement from the third party. The Hotel is liable for its contractual obligations. The liability for wrongful intent and gross negligence claims in areas outside the scope of typical services is limited. The limitation of claim for all customer claims isone
- The above restricted liability and short limitation period shall also apply to the hotel’s benefit in cases where obligations have been violated in the contract proposal or positive contractual obligations.
Services, Prices, Payment, Set-Off
- The Hotel is obliged to reserve the room booked by the customer and to render the agreed services.
- The customer is obliged to pay the agreed or applicable prices for the room and any other services he or she makes use of. This also applies to the Hotel’s services and outlays to third parties required by the customer.
- The agreed prices include currently applicable value-added tax. Should the period between the conclusion and performance of contract exceedthreemonths and should the Hotel’s price or the services agreed upon be raised in general, the Hotel may increase the agreed price appropriately, but by no more than 10%.
- Moreover, prices may be changed by the Hotel if the customer requests changes to number of rooms reserved,occupancy,hotel services, or length of stay subsequent to conclusion of contract, and the Hotel consents to the changes.
- Hotel bills not stating a due date are to be paid in full within5days after receipt without deductions. The Hotel is entitled to call for the immediate payment of accrued charges at any time. Should payment be delayed, the hotel is entitled to add interest at 4% over the current discount rate of the German Federal Bank. The customer has the right to prove lesser damage; the Hotel reserves the right to prove greater damage.
- The Hotel is entitled, during or after the conclusion of contract, to demand an advance payment or appropriate security deposit in accordance with legal regulations. The amount of the advance payment and the payment schedule may be agreed in writing.
- The Customer may only offset or reduce a Hotel claim with an undisputed or legally binding claim.
Customer’s Withdrawal from the Contract (Revocation or Cancellation)
- The rates are non-refundable.A customer may only cancel or amend the contract made with the Hotel if the written consent of the Hotel is given. If written consent is not given, the customer is obliged to pay the agreed contractual price even if the customer does not avail himself of the contractually agreed services.
- Insofar as a cancellation date has been agreed upon in writing between the Hotel and the customer, the customer can cancel the contract before that date without being obliged to meet payment or damage claims asserted by the Hotel.The customer’s right to withdraw from the contract shall expire if the customer fails to exercise his right to withdraw from the contract in writing, provided that there is no delay in performance on the part of the hotel or impossibility of performance for which the hotel can be held responsible.
Cancellation by the Hotel
- If the customer’s right to withdraw from the contract within a certain period of time has been agreed in writing, the hotel, for its part, is entitled to withdraw from the contract within this period if there are requests by other customersfor the contractually reserved rooms and if the customer, upon further inquiry by the hotel, does not waive his right of withdrawal.
- If an agreed advance payment is not made by the customer within due time or even after a reasonable grace period set by the hotel under refusal warning, then the hotel is entitled to cancel the contract.
- Furthermore, the hotel is entitled to effect an extraordinary cancellation of the contractwithout the obligation to refund the paymentfor reasons which are justified on factual grounds, for example if: a) force majeure or other circumstances for which the hotel cannot be held responsible make it impossible to fulfil the contract b) rooms were reserved under misleading or false statements regarding, for example, the customer’s identity or the purpose of the reservation. c) the hotel has justified cause to believe that availment of the hotel’s services might jeopardize the hotel’s smooth business operation, safety, or public reputation, even if such matters cannot be attributed to the hotel’s sphere of control or organization. d) there is a breach of contract.
- The Hotel must notify the customer immediately if it plans to exercise its right to cancellation.
- If the Hotel legitimately exercises its right to cancellation, the customer has no claim to compensationof the advance payment.
Availability, Taking Over and Vacating of Rooms
- The customer shall have no right to a particular room.
- Booked rooms are available to the customer from 2:00PMof the arranged arrival day. The customer has no right to access the room earlier.
- On the agreed departure day customers must vacate their rooms by 11:00AM.A customer may only remain in the room longer than the time stipulated above if the written consent of the Hotel is given. If the customer remains in the room longer than the time stipulated above, the Hotel may charge an extra 50% of the full room price up to 2:00 PM and may charge an extra 100% after that time. The customer has the right to prove that no damage or significantly lower damages have arisen for the Hotel.
Liability of the Hotel
- The hotel is liable to exercise the due care of a prudent businessman. In areas which do not fall under the services typically covered by a hotel accommodation contract, the hotel’s liability is limited to such failure of performance, damage, ensuing damage, or disturbances which are caused by an intentional or grossly negligent breach of obligation on the part of the hotel. Should disruptions or deficiencies occur in the performance of the hotel, the hotel, upon knowledge thereof or upon receiving a complaint by the customer, shall use its bestendeavoursto remedy the situation. The customer shall be obliged to reasonably contribute to the solution of the problem and to minimize possible damages.
- TheHotel assumes noliability for objects brought in by the customer.
- Legal provisions govern the unlimited liability of the Hotel.
- Insofar as the hotel provides to the customer a parking space in the hotel garage or on the hotel parking lot, this does not constitute a safekeeping agreement. If motor vehicles or the contents of vehicles parked ormanoeuvredor otherwise situated on the hotel premises are lost or damaged, the Hotel shall not assume liability. This limited liability shall also apply to the Hotel’s employees and agents.
- The Hotel assumes no liability formail, packages, and merchandise deliveries for the guests.
- Any changes or amendments to this contract, to the acceptance of a reservation request, or to the general terms and conditions laid out in the hotel accommodation contract shall be made in writing. Unilateral changes or amendments made by the customer shall be invalid.
- Place of performance and payment shall be the Hotel’s registered office.
- Exclusive place of jurisdiction for commercial transactions, including disputes involving cheques and bills, shall be the Hotel’s registered office. As long as a contracting party meets the conditions of Article §38 Paragraph 1 of German Civil Procedure Law (“ZPO”) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the Hotel’s registered office.
- This contract is governed by the laws of the Federal Republic of Germany.
- Should individual provisions of the general terms and conditions in the hotel accommodation contract be or become invalid or void, the validity of the remaining provisions in the contract shall remain unaffected. All applicable legal regulations shall also apply.