Car Rentals 2019 General Terms and Condition
§ 1 Rental:
HTK GmbH/RingTaxi offers its own and third-party vehicles for offers rental vehicles for events such as Trackdays, tourist rides, events, sportscar tours, etc.
2. The vehicles are inspected by HTK GmbH/RingTaxi and are handed over to the renter in a fully operational and traffic-safe condition. After expiry of the rental period, the vehicle must be returned immediately to HTK GmbH/RingTaxi (see item 4.). HTK GmbH/RingTaxi will check the vehicles following the return. If they are not returned fully fuelled (petrol with 98 octane), the organizer will charge €3.00 per litre of missing fuel to the renter (applies only to Basic packages). In the case of heavy contamination of the vehicle (in particular of the interior), the renter has to pay the cleaning costs quoted to the renter by HTK GmbH/RingTaxi. HTK GmbH/RingTaxi accepts no liability for objects left in the vehicle!
3. In cases where the vehicle is not specifically hired for an entire day, the return has to be done as follows:
a. When booking an 84km / 4 lap package, the return must be made 2 hours after collection from HTK GmbH/RingTaxi .
b. When booking a 126km / 6 lap package, the return must take place 4 hours after transfer by HTK GmbH/RingTaxi.
c. The vehicles must always be returned to HTK GmbH/RingTaxi by 20:00 at the latest (subject to any other explicit agreement). In the case of a delayed return HTK GmbH/RingTaxi will charge the renter a separate fee of 15% of the booked service.
4. The vehicles are intended for use on the Nürburgring Nordschleife, Nürburgring Grand Prix Track, Driver safety center, Spa-Francorchamps and the public road. The vehicles are to be used appropriately and responsibly. Costs for petrol and road or toll charges are payable by the renter. The renter will comply with all legal provisions in connection with the rental and in particular the provisions of the Road Traffic Regulations. The renter is required to pay any fines, penalties or similar which are connected with their use of the vehicle.
5. Rental of the hired vehicle to third parties is not permitted. Only the renter and/or specified persons designated in the contract are entitled to drive. HTK GmbH/RingTaxi reserves the right to offer the renter an alternative vehicle at their own discretion (eg in case of appropriate weather conditions, driver’s skills, vehicle availability etc.); The renter is to be informed immediately about a change of vehicle. A possible positive difference between the booked vehicle price and the price of the vehicle actually used will be reimbursed to the renter. A change of vehicle by HTK GmbH/RingTaxi entitles the renter to terminate the contract. Costs incurred by the renter up to this point in time will not be reimbursed by HTK GmbH/RingTaxi.
6. During the journey the renter has to check the vehicle displays, in particular the engine, oil and water temperature(s). As soon as the renter notices any malfunction during the use of the vehicle, this must be reported immediately to HTK GmbH/RingTaxi . Any suspicion of a problem is also to be reported immediately to HTK GmbH/RingTaxi, as continuation can significantly damage the vehicle. The renter undertakes to pay any resulting costs due to an over-rev of the motor, by improper gear changes (or similar) that requires the checking of the technical condition of the engine.
7. The vehicle is to be used appropriately. HTK GmbH/RingTaxi reserves the right to ban the renter or to prohibit the further use of the vehicle in cases of improper use (such as drifting, burn-outs, etc.) and in cases of repeated or grossly improper use. Reimbursement of costs for the use of the vehicle does not take place in such cases. The renter must pay any costs for damage and/or above-average wear and tear of the vehicle (especially the tires) resulting from improper use.
8. On agreed kilometer packages, no reimbursement or credit for unused kilometers within the stipulated timeframe will take place. The only exceptions are cases of early closure of the racetrack / event due to third party fault or force majeure where there was no time possibility to use the entirety of the booked service. In this case the non-driven kilometers are credited in the form of a voucher or can be reimbursed at 50% of the monetary value.
§ 2. For the financial responsibility of using a rental car:
1. The renter agrees to be liable for all internal / external damage, theft or mechanical defects (e.g., clutch) occurring during the rental period resulting from negligence and/or improper handling of the vehicle. This is true regardless of which car is reserved. The renter is also liable for all repair costs or cost estimates by third parties. The tenant accepts the following financial liabilities:
• Trackday on any track or public driving on the Nürburgring Nordschleife:
The lessee agrees to pay a maximum net Euro The lessee agrees to pay a maximum net Euro 8.000,- to the Suzuki Swift Sport ● Euro 15.000,- to the VW Golf GTI Performance ● Euro 16.000,- to the VW Golf R ● 19.000,- to the Porsche Cayman (718) ● Euro 24.000,- BMW M2 Coupé ● Euro 25.000,- to the Porsche Cayman S (718) ● Euro 79.990,- to the Porsche 991 GT3. HTK GmbH / RingTaxi offers to reduce the maximum excess by additional payment by about 50% (see pricelist).
The liability of the renter to compensate for damages shall be limited to only the amount of the actual loss or to the extent of the value lost, regardless of the above maximums. The renter is entitled to prove and dispute damages caused by negligent trading or improper use. The renter is also entitled to prove that loss of value has occurred to a lesser extent than quoted. In the case of damages caused intentionally, a complete claim for 100% of all damages, regardless of the above maximums, applies. The renter / driver does not acquire ownership of the vehicle or of individual vehicle parts upon any payment(s).
2. Third-party damages: The renter accepts liability of claims of third parties on public roads for up to €5,000 and for trips on a racetrack (including Touristenfahrten on the Nürburgring Nordschleife) for up to €10,000. In the case of damages caused intentionally or due to gross negligence, a complete claim for 100% of all damages, regardless of the above maximums, applies.
3. If the fees from this lease are paid with a credit card or are deposited as security, the signature of the cardholder is deemed to be an acceptable authorization to charge the entire invoice amount to the respective account of the credit card organization. This authorization also applies to additional charges resulting from rental corrections, damages and traffic violations as agreed in the rental agreement.4. For different vehicles require an advance deposit to be paid. HTK GmbH/RingTaxi reserves the right to require a deposit on any vehicle type at its own discretion (e.g. in case of bad weather conditions / age of the driver / driving behavior)
§ 3. For participation on a RingTaxi Lap:
1. HTK GmbH/RingTaxi (the organizer) offers car rides in vehicles (so-called “RingTaxi laps”).
2. In particular, the events do not serve the purpose for achieving maximum speeds.
3. The organizer shall provide vehicles which are suitable for use on racetracks and are in suitable technical condition. Only designated and experienced drivers will be able to drive the RingTaxi laps.
4. The participant is aware of the general conditions of participation as well as the conditions of the organizer and the operator of the race course and is obliged to adhere to all rules of conduct.
5. The passenger(s) can influence the speed and driving style at any time while driving. The driver will (provided the driving safety allows the instructions) immediately implement them so that the RingTaxi-ride becomes a special experience for the passenger.
6. The organizer or their various agents are excluded from liability for personal injury and / or material damage, which arise to the participant by attending the event, except in cases of intent or gross negligence.
7. The participant does not suffer from any cardiac or spinal problems or any other diseases or impairments that may affect participation on the event.
8. The organizer reserves the right to have the RingTaxi lap executed by a third party when necessary. In doing so, the organizer undertakes to carefully select the third party so that the participant receives a service of the same type and quality. In such cases, the organizer shall not be liable for the services rendered, but only for the careful selection of the third party.
Terms of Participation (Part 2)
1. The following conditions apply to all events of the contractor HTK GmbH/RingTaxi Nürburgring Boulevard 1, 53520 Nürburg, in particular with Trackdays where participants participate with their own vehicles as well as with the rental vehicles from HTK GmbH/RingTaxi, within HTK GmbH/RingTaxi events as well as Touristenfahrten sessions or taxi lap events and arranging Trackday events or taxi laps rides on behalf of third parties. A Touristenfahrten session is on the Nürburgring Nordschleife or Grand Prix Track, designated by Nürburgring 1927 GmbH & Co KG for a lap or time quota. The usage regulations of Nürburgring 1927 GmbH & Co KG apply (and can be viewed at http://www. nuerburgring.de/fans-info/info/agb.html). Trackdays are organized events on a race circuit or a closed track, on which the participants are allowed to use their vehicles without speed limitation, while respecting the rules applicable to the course. RingTaxi laps are passenger rides in vehicles piloted by trained drivers. A SportsCarTour organized by HTK GmbH/RingTaxi is a guided drive on public roads, whereby the StVO has to be observed by all participants.
2. All events expressly do not serve the purpose of achieving maximum speeds or attempts to set lap times.
3. Only persons who have a valid driving license for the vehicle class of the car used at the event may participate. Participants agree to always behave considerately towards other participants. Participants who take part in an event with their own car must be able to prove at least one statutory third party liability insurance and the car must comply with the German road traffic regulations (with exceptions for certain events). When participating in the event with a car not owned by the participant, a declaration of consent from the owner, regarding the use of the car at the event, must be able to be provided. Admission of the vehicle to the event is at the discretion of the organizer, its legal representatives and agents on an individual, case by case basis.
4. It is required that safety belts of the vehicle are used during the event and a protective helmet must be worn at all times for Trackdays, etc. Participants shall not risk themselves or others or the vehicles used, either intentionally or by gross negligence. Instructions of the organizer, their representatives and various assistants, as well as the route guidance must be followed unconditionally. Warning signs and flags must be observed and respected at all times, and the participants must behave accordingly. HTK GmbH/RingTaxi or the respective responsible organizer reserves the right to exclude a participant from the event at any time. In such a case, no reimbursement will be made for the fees, expenses or expenses incurred for participation.
5. Participation in a driver’s briefing is obligatory for each participant.
6. Passengers must be at least 16 years old and participate in the event at their own risk. During a “Trackday” a maximum of 2 people may be in the vehicle at any time.
7. The participant is responsible for their own insurance for any risks associated with participation in the event and any liability is not accepted by HTK GmbH/RingTaxi .
8. The participant recognises the rules of use of the race track during the particular event and will abide by them.
9. All costs incurred by the participant, eg due to damage to the route (guard rails, tire walls, track maintenance fees due to leaving the course, etc.) or to the use of towing vehicles in connection with the participation in the event, must be borne by the participant. The costs will be paid directly and without delay to the operator of the race track. Should further costs related to the incident be received by HTK GmbH/RingTaxi at a later date, the participant undertakes to reimburse these costs to HTK GmbH/RingTaxi upon submission of proof. If a track day is booked by a third party organizer, and HTK GmbH/RingTaxi only enrols the participant in this event, the respective terms and conditions of the third party organizer apply, to which the participant receives as a separate notice prior to the commencement of the contract.
10. The participant does not suffer from any cardiac or spinal problems or any other diseases or impairments that may affect participation on the event.
11. All events take place regardless of the weather conditions. HTK GmbH/RingTaxi reserves the right to change the event or to cancel the event in the event of force majeure or extraordinary circumstances, such as on the instructions of the circuit management and/or the operator of the race course as well as on official order. This does not result in a claim for damages or expenses against HTK GmbH/RingTaxi. In the event of a closure during a commenced event HTK GmbH/RingTaxi will transfer the remaining laps or unused kilometers to another event or issue a voucher with a validity of 12 months from the date of the event.
12. In the case of cancellation of the booked events or the booked vehicle as well as other services a reimbursement is made as follows:
a. Cancellations within 14 days prior to the agreed date will not be refunded.
b. Cancellations between 14 and 30 days prior to the agreed date will be refunded at 50% of the price (not including Trackday and third party charges, eg: Trackday entry, transportation, accommodation).
c. Cancellations made 30 days of more prior to the agreed date will be refunded at 75% of the price (not including Trackday and third party charges, eg: Trackday entry, transportation, accommodation).
13. A signed copy of these general terms and conditions must be submitted to HTK GmbH/RingTaxi upon registration for the event.
14. If a dashcam is installed in the rented vehicle, participants and accompanying persons agree upon signing below that the journey will be recorded for their safety and security by HTK GmbH/RingTaxi. The consent also includes photo, sound and film recordings, which are recorded during the event. HTK GmbH/RingTaxi is entitled to use these recordings free of charge for advertising purposes
Tickets or Vouchers:
A ticket or voucher can only be used once and cannot be redeemed in cash. HTK GmbH/RingTaxi accepts no liability for loss of the ticket or voucher. The validity period is accepted at the time of purchase and is binding. The redemption of the ticket or voucher is possible according to the opening hours of the Nordschleife and the redeemability a Ticket is is therefore limited to the end of the season End of October),or as agreed on the ticket, in which the ticket was purchased and a Voucher to a maximum of 12 months. Due to the dependence on the opening hours of the Nürburgring, the limitation period is limited to 12 months.
The lessee agrees to the storage of his/her personal data. In the event of a delay in payment, return of the vehicle not in accordance with the contract or other reasons entitling to a termination of the rental agreement without notice, the personal data can be included in a central warning file.
There are no ancillary agreements or additions to this rental agreement. All contractual agreements must be made in writing. This also applies to a cancellation clause. If the lessee is a merchant, a legal entity under public law or a special fund, the exclusive place of jurisdiction is Bad Neuenahr-Ahrweiler. The laws of the Federal Republic of Germany shall apply. In the case of unplanned track closure or severe weather conditions, the lessor will not refund any part of the rental fee. This should not affect the validity of the remaining provisions. The contracting parties are obliged to replace the invalid provision with provisions which come as close as possible to the economic purpose of the invalid provision.