GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP
of Nürburgring 1927 GmbH & Co. KG
Status: January 2025
§ 1 Scope and Definitions
1. For the business relationship between us as the online shop provider (hereinafter "Provider") and you, as the customer (hereinafter "Customer"), only the following General Terms and Conditions in their version valid at the time of the order shall apply. Deviating General Terms and Conditions of the Customer shall not be recognized, unless we as the Provider expressly agree to their validity in writing.
2. We supply both "consumers" (§ 13 German Civil Code (BGB)) and "entrepreneurs" (§ 14 BGB). The Customer is a "consumer" insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an "entrepreneur" is any natural or legal person or legal partnership who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
3. These General Terms and Conditions apply to:
- the purchase of goods from the online shop (the provisions of Part 2 also apply here),
- the purchase of tickets from the online shop (the provisions of Part 3 also apply here),
- the booking of travel and package tours from the online shop (the provisions of Part 4 also apply here).
4. These General Terms and Conditions apply regardless of whether the Provider's service is rendered by delivery or topping up of gift cards or via SMS to the Customer's mobile device.
5. The use of offers in this online shop (e.g. customer account) is subject to the Terms of Use.
REGULATIONS & TICKET PROVISIONS
- Events, Training & Rentals
- ring°kartbahn User Regulations
- Business Club Partnership Terms
- Driving Regulations for using the Nürburgring (Tourist Drives)
- Driving Regulations for using the Nürburgring (After Work Classics)
- Driving Regulations for using the Nürburgring (Cycling & Running Meet)
- Visitor Regulations
- Paddock Regulations
- Parking & Temporary Campsite Regulations
- Information Obligation pursuant to Art. 13 GDPR
- Ticket Regulations ADAC RAVENOL 24h Nürburgring
Part 1
GENERAL PROVISIONS FOR ALL CONTRACTS FOR GOODS AND SERVICES FROM THE ONLINE SHOP
§ 2 Conclusion of Contract/Withdrawal
1. The presentation of products and services in our online shop does not constitute a legally binding offer, but an non-binding online catalog, which remains subject to change by the Provider. No guarantee is given for the accuracy of the data and information contained in the online shop. As a customer, you can select products or services from our assortment and collect them in an electronic shopping cart by clicking the "add to cart" button. By clicking the "order with obligation to pay" button, you submit a binding offer to purchase the products or services in the shopping cart. Before submitting the order, you, as the customer, can change and view the data at any time. However, the offer to purchase the products or services in the shopping cart can only be submitted and transmitted if you accept these General Terms and Conditions by clicking the "accept GTC" button.
2. Confirmation of receipt of the offer for the order will follow immediately after submission of the order by the Provider's own notification of confirmation. The contract is concluded when we accept your order by means of our order confirmation with the assignment of an order number; we send the order confirmation by email to the email address you provided. If you have not provided us with a valid email address when placing your order, the contract is concluded by acceptance when we dispatch your order by post to the address you provided. If you do not receive an order confirmation or delivery from us within 2 weeks, you are no longer bound by your order.
3. We reserve the right to carry out a credit check of the customer even after the contract has been concluded and to withdraw from the contract if the result is negative. We are also entitled to withdraw from the contract if you, as the customer, violate specific conditions set by us as the provider, to which attention has been drawn, or if you attempt to circumvent them, or if we, as the provider, still have outstanding claims from the previous business relationship with you, as the customer. We also reserve the right to withdraw from the contract if the goods are unavailable for at least four weeks or if there are data errors that prevent us from fulfilling your order. In the event of withdrawal, the statutory provisions of §§ 346 et seq. BGB shall apply, excluding § 350 BGB.
4. Our goods or services may not be used for commercial resale or for commercial advertising or marketing purposes, unless this has been expressly agreed with us as the provider in writing.
5. The contract is concluded in German.
§ 3 Right of Withdrawal of the Customer
1. If you, as a "consumer" (§ 13 BGB), have concluded a distance contract with us for goods, you generally have a statutory right of withdrawal when concluding a distance contract, about which we, as the provider, inform you below in accordance with the statutory model. For the following contracts, there is no right of withdrawal for consumers or it may expire prematurely:
Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, car rental services, supply of food and beverages, and for the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision (§ 312g para. 2 sentence 1 no. 9 BGB). This includes admission tickets and tickets for events purchased from us. According to § 312 para. 7, this also includes package travel contracts booked in this online shop according to § 651a and § 651c BGB, for which you as a consumer also have no right of withdrawal according to § 312g para. 2 no. 9 BGB.
Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery (§ 312g para. 2 sentence 1 no. 6 BGB).
For all other contracts with consumers, the following applies:
The consequences of withdrawal are set out in paragraph (2). A sample withdrawal form can be found in paragraph (3).
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Nürburgring 1927 GmbH & Co. KG, Otto-Flimm-Straße, 53520 Nürburg, Tel.: 02691/302-0, Email address: info@nuerburgring.de) by means of a clear statement (e.g. by email) of your decision to withdraw from the contract. The withdrawal does not have to include a reason. You can use the attached sample withdrawal form for this, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
The withdrawal should be addressed to:
Nürburgring 1927 GmbH & Co. KG
Otto-Flimm-Straße
53520 Nürburg
Telephone: +49 (0) 26 91 / 30 2 - 0
Fax: +49 (0) 26 91 / 30 2 - 9099
Email: info@nuerburgring.de
2. Consequences of Withdrawal
If you withdraw from the contract based on your statutory right of withdrawal, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
In the case of defective or incorrectly delivered goods, we will bear the return shipping fee for you. In this case, a free return label can be requested by email to shop@nuerburgring.de. In all other cases, you bear the direct costs of returning the goods yourself. Costs incurred by unpaid returns will be deducted.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. We demand compensation for any deterioration of the goods. To avoid an obligation to pay compensation for lost value, we recommend that you do not use the goods as your own property within the withdrawal period and refrain from doing anything that impairs their value. You do not have to pay compensation for lost value if the deterioration of the goods is solely due to their examination, as would have been possible for you in a retail store.
3. As the provider, we inform about the sample withdrawal form according to the legal regulation as follows:
Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
Nürburgring 1927 GmbH & Co. KG
Otto-Flimm-Straße
53520 Nürburg
Telephone: +49 (0) 26 91 / 30 2 - 0
Fax: +49 (0) 26 91 / 30 2 - 9099
Email: info@nuerburgring.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate
§ 4 Prices and Shipping Costs
1. The prices indicated on the website in the online shop at the time of the order shall apply. All information on other price lists, order flyers or in our catalogs as provider outside this online shop regarding price, quantity, delivery time, delivery possibility are always subject to change.
2. All prices include the respective valid statutory value added tax and other price components indicated at the time of the order. In addition to the stated price, delivery and shipping costs or special costs selected by the customer (e.g. gift packaging) will be incurred. The current shipping costs depend on the current regulations and prices of our shipping service providers and can be found in the shipping cost table / country classification on our website. The respective tariffs will be indicated to you as the customer in the order form and are to be borne by you, unless you exercise your right of withdrawal.
3. Products are shipped by parcel service. We, as the provider, bear the shipping risk if the customer is a consumer. For entrepreneurs, the risk of accidental loss and accidental deterioration of the products passes to the entrepreneur upon their handover to the forwarder, carrier or any other person or organization designated for delivery.
4. Additional shipping costs incurred due to renewed sending of goods (exchange of size or delivery of spare parts if the originally ordered item is not liked) are considered a matter of goodwill – however, we reserve the right to make a different decision in individual cases.
§ 5 Payment Terms
1. We accept payments either via PayPal or credit card. The total price of the order including all shipping costs is due immediately upon conclusion of the contract for payment methods PayPal and credit card. Cash payments and checks are not accepted by us.
2. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, they must pay the provider default interest at a rate of 5 percentage points above the base interest rate per year.
3. Offsetting and rights of retention are excluded, unless your counterclaim is undisputed or legally established.
§ 6 Vouchers
Vouchers issued by Nürburgring 1927 GmbH & Co. KG are value balances that can be offset against purchase price claims. It is not e-money, i.e., the voucher cannot be paid out in cash. A transfer for value or a subsequent offsetting for purchases already completed is not possible.
The value of the voucher can be redeemed for purchases in the online shop or in the merchandise sales units of Nürburgring 1927 GmbH & Co. KG. Vouchers cannot be used to purchase further vouchers.
The expiration date of the vouchers is at the end of the third year after the purchase of the voucher, i.e., they can be redeemed no later than the expiration date. Vouchers can be redeemed in full or in part. Subsequent redemption of remaining credit is possible until the expiration date. Should the value of the voucher not be sufficient for the amount to be paid, the difference can be settled with other payment methods.
§ 7 Retention of title, offsetting, right of retention
1. In the case of a consumer, we as the provider reserve title to the purchased product until full payment of the invoice amount. The corresponding security rights are transferable to third parties.
2. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, we as the provider reserve title to the purchased item until all outstanding claims from the business relationship with this customer have been settled. The corresponding security rights are transferable to third parties.
3. You as the customer are only entitled to a right of offsetting if your counterclaims have been legally established or are undisputed or acknowledged by us as the provider. Furthermore, you as the customer only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
4. If you as the customer are in default of any payment obligations to us as the provider, all existing claims become due immediately.
§ 8 Alternative Dispute Resolution
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 9 Data Protection
1. All personal data transmitted by you as a customer will be processed and used by Nürburgring 1927 GmbH & Co. KG in compliance with the data protection regulations applicable to the contract. The personal data necessary for the fulfillment of the purchase contract, in particular the customer's name, address, telephone number, e-mail address, bank details, etc., will be collected, processed, and used by Nürburgring 1927 GmbH & Co. KG in an automated procedure to the extent necessary for the establishment, content, or amendment of the contractual relationship, in accordance with Art. 6 para. 1 lit. b GDPR.
2. We pass on your personal data within our company to the departments that need this data to fulfill contractual and legal obligations or to implement our legitimate interest. Furthermore, we may transmit your data to processors commissioned by us within the framework of a commissioned processing agreement in accordance with Art. 28 GDPR. These are, for example, shipping companies or payment service providers. Furthermore, we may be entitled to transmit the data to third parties commissioned by us to carry out the contract, to the extent that this is necessary for the concluded contract to be fulfilled. Your data will not be transferred to third countries outside the EU and is not planned.
3. Data transfer to SCHUFA: If the customer selects the SEPA direct debit payment method or invoice, we, as the provider, reserve the right to obtain a credit report from SCHUFA within the framework of this contractual relationship. As part of such a request, the collected personal data, i.e. name, address, and date of birth, will be transmitted to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden.
Furthermore, we, as the provider, reserve the right to transmit data on non-contractual behavior or fraudulent behavior to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, in the event of continued non-payment of unsubstantiated disputed claims. The legal bases for these transmissions are Article 6 (1) (b) and Article 6 (1) (f) of the General Data Protection Regulation (GDPR). Transmissions on the basis of Article 6 (1) (f) GDPR may only take place insofar as this is necessary to safeguard the legitimate interests of us as the provider or third parties and does not override the interests or fundamental rights and freedoms of the data subject who requires the protection of personal data.
The data exchange with SCHUFA also serves to fulfill legal obligations for carrying out creditworthiness checks of customers (§§ 505a and 506 BGB). SCHUFA processes the received data and also uses it for profiling (scoring) purposes to provide its contractual partners in the European Economic Area and Switzerland as well as, if applicable, other third countries (if there is an adequacy decision from the European Commission for these) with information, among other things, for assessing the creditworthiness of natural persons. Further information on SCHUFA's activities can be found in the SCHUFA information sheet in accordance with Art. 14 GDPR or viewed online at https://www.schufa.de/de/datenschutz-dsgvo/.
4. Your personal data will only be processed for as long as it is necessary for the fulfillment of our contract or compliance with applicable legal provisions, as well as for customer service.
5. Further information on data processing and your rights can be found in our privacy policy at www.nuerburgring.de/datenschutz, or you can contact our data protection coordinator at datenschutz@nuerburgring.de.
§ 10 Choice of law and jurisdiction
1. Contracts between us as the provider and you as the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction - also internationally - for all disputes arising from contractual relationships between the customer and the provider is 53520 Nürburg. The sole place of performance for deliveries, services and payment is 53520 Nürburg, provided that you as the customer are an entrepreneur within the meaning of § 14 BGB.
3. Even if individual points are legally ineffective, the contract remains binding in its remaining parts. Statutory provisions shall replace ineffective points, where available. However, if this would represent an unreasonable hardship for a contracting party, the contract shall become ineffective as a whole.
§ 11 Written form
1. Changes or additions to these General Terms and Conditions must be made in writing.
2. These General Terms and Conditions are available in German and English. In the event of discrepancies, the German version shall prevail.
Part 2
PURCHASE OF GOODS FROM THE ONLINE SHOP
§ 12 Delivery, shipping costs and customs duties
1. We are entitled to make partial deliveries if a part of the ordered goods is temporarily unavailable. In the case of partial deliveries, we as the provider shall in any case bear additional shipping costs.
2. Within Germany, we usually deliver within five working days after receipt of the order. Should we not have the ordered goods in stock - for example, due to high demand - we will inform you immediately of any resulting delay.
3. For goods delivered outside the European Union and Switzerland, import duties (customs duties) may apply; these are to be borne by you.
§ 13 Claims for defects (warranty)
1. We as the provider are liable for material defects according to the applicable statutory provisions. If the goods delivered by us are defective, you can, within the framework of the statutory provisions, demand either rectification of the defect or delivery of defect-free goods (subsequent performance). If the subsequent performance fails, you can reduce the purchase price or - in the case of a significant defect - withdraw from the contract. An additional guarantee only exists for goods delivered by the provider if this has been expressly stated in the order confirmation for the respective item.
2. Obvious defects must be reported in writing or by e-mail within two weeks of the day following the delivery day, with an exact description. The date of dispatch of the notice of defect is decisive. Subsequent assertion is excluded. If only merchants are involved in the contract, §§ 377 ff. HGB apply in addition.
3. For claims by you as the customer for damages, we as the provider are liable without limitation for damages arising from the Product Liability Act, for damages caused intentionally or by gross negligence, for fraudulent concealment of defects, and for damages resulting from injury to life, body, or health.
4. In the event of a breach of essential contractual obligations (so-called cardinal obligations), which is based only on simple negligence, we as the provider are liable limited to compensation for foreseeable, typical contractual damage.
5. Except in the cases mentioned in paragraphs 3 and 4 above, we as the provider are not liable for damages caused by simple negligence.
6. Insofar as our liability as the provider is excluded or limited according to the preceding paragraphs, this also applies to the liability of our vicarious agents and auxiliary persons.
Part 3
PURCHASE OF TICKETS FROM THE ONLINE SHOP
§ 14 Contractual relationships for third-party events
1. Nürburgring 1927 GmbH & Co. KG is not the organizer of all events itself. Insofar as this is indicated in the information on the events in the online shop or on the ticket, events offered in our online shop are also carried out by other organizers, who are then also the issuers of the tickets. In this case, by purchasing the admission ticket for an event carried out by another organizer, contractual relationships with regard to visiting the event are concluded exclusively between the ticket holder (customer) and the respective organizer.
Possibly, the organizer's own General Terms and Conditions apply to these legal relationships. Nürburgring 1927 GmbH & Co. KG then sells the tickets on behalf of the respective organizer as an agent or commission agent. By ordering tickets in these cases, the customer commissions Nürburgring 1927 GmbH & Co. KG with the processing of the ticket purchase including shipping.
§ 15 Return or rebooking of tickets/transfer to third parties
1. It is not possible to return, exchange or rebook tickets.
2. The transfer of personalized tickets to third parties is not permitted.
§ 16 Tickets for driving on the Nürburgring
1. If you purchase a ticket to drive on the Nürburgring or a part of the track, the provisions of the German Road Traffic Regulations (StVO) and the provisions of the "Driving Regulations for Driving on the Nürburgring" apply.
2. If you purchase a ticket for the cycling & running meetup, the provisions of the "Driving Regulations for Driving on the Nürburgring as part of the Cycling & Running Meetup" apply.
§ 17 Tickets for using the kart track
If you purchase a ticket for using the kart track at the Nürburgring, the provisions of the "User Regulations for the Kart Track" apply.
§ 18 Tickets for participation in events
If you purchase a ticket to participate in an event at the Nürburgring, the provisions of the "Visitor Regulations" apply.
§ 19 Tickets for participation in courses and driving experience courses
If you have purchased a ticket to participate in a course or driving experience course, the "Conditions for participation in driving experiences and courses" apply.
Part 4
PACKAGE TOURS
§ 20 Security certificate/down payment/payment
1. If travel services fail due to insolvency or bankruptcy of the tour operator, the security certificate guarantees the customer a refund of the paid travel price and (after the start of the trip) additional necessary expenses for the return journey. All payments made by the customer on the travel price are only to be made upon presentation of the security certificate. The security certificate is on a separate sheet of the travel confirmation and is headed "Security Certificate". The security certificate also states the name and contact details of the institution that provides insolvency protection for this trip.
2. The prerequisite for the due date of all payments on the travel price is the receipt of the travel confirmation and the security certificate. From this point on, Nürburgring 1927 GmbH & Co. KG can demand a down payment of 20 percent. The remaining travel price becomes due for payment no earlier than 30 days before the start of the trip. Within this timeframe, the exact due date of payments results from the travel confirmation.
3. Upon receipt of the travel confirmation, due premiums for insurance brokered in connection with the booked trip (e.g., travel cancellation insurance) are to be paid in full.
4. Without full payment of the due travel price, there is no claim to the provision of travel services by Nürburgring 1927 GmbH & Co. KG.
§ 21 Price changes after conclusion of contract
1. Nürburgring 1927 GmbH & Co. KG is entitled to increase the confirmed travel price, insofar as the increase results directly from a change that occurred after the conclusion of the contract in
a.) the price for the transport of persons due to higher costs for fuel or other energy sources,
b.) a change in taxes and other levies for agreed travel services (tourist levies, fees in connection with transport, entry, residence, or public-law entrance fees)
results.
The customer may demand a reduction of the travel price and calculation of the new travel price in accordance with the following paragraph (2), insofar as a requested reduction of the travel price results directly from a change in the persons listed in this paragraph (1) that occurred after the conclusion of the contract and this leads to lower costs for Nürburgring 1927 GmbH & Co. KG. Insofar as Nürburgring 1927 GmbH & Co. KG incurs administrative costs as a result, these may be deducted from the calculated reduction or refund amount in the amount actually incurred; they must be proven at the customer's request.
2. The travel price will be changed by a maximum of the amount resulting from the sum of the change amounts of the cost components mentioned in paragraph (1). Insofar as relevant changes for group tours affect the travel group as a whole, they will initially be apportioned per head. To determine the apportionment amount, either the concretely expected or the originally calculated average number of participants will be used as a basis, depending on which is more favorable for customers.
3. Nürburgring 1927 GmbH & Co. KG must notify the customer of a price increase in accordance with this provision, stating the reason for the price increase, clearly and understandably, with the calculation, no later than the 21st day before the start of the trip.
4. A price increase of up to eight percent is effective unilaterally, i.e., without the customer's consent. If the travel price increases by more than eight percent, Nürburgring 1927 GmbH & Co. KG may request the customer, no later than the 21st day before the start of the trip, to accept the offered price increase within a reasonable period and thus undertake the trip or to withdraw from the entire contract. If the customer accepts the offered price increase or if the deadline set for the customer to accept expires, the price increase becomes part of the contract. If the customer chooses to withdraw and thus does not wish to undertake the trip, they will receive the travel price they paid back immediately; claims for damages and reimbursement of futile expenses remain unaffected (§ 651i para. 3 no. 7 BGB)
§ 22 Customer withdrawal (cancellation)/substitute participant/rebooking/additional costs
1. The customer is entitled to withdraw free of charge if, according to § 19 (4), the price increase is more than eight percent or in the event of a significant change to an essential component of the travel service or a significant impairment of the execution of the package tour or the transport of participants to the location of the package tour due to unavoidable extraordinary circumstances at or near the destination (§ 651h para. 3 BGB). Otherwise, the customer's withdrawal before the start of the trip is possible at any time; in this case, however, Nürburgring 1927 GmbH & Co. KG has a claim for compensation against the customer.
The lump-sum compensation amounts from Nürburgring 1927 GmbH & Co. KG result from § 651h para. 2 sentence 1 BGB and are agreed between Nürburgring 1927 GmbH & Co. KG and the customer as follows:
In case of withdrawal
- up to and including 30 days before the start of the trip 25%
- up to and including 22 days before the start of the trip 30%
- up to and including 15 days before the start of the trip 40%
- up to and including 7 days before the start of the trip 60%
- up to and including 6 days before the start of the trip 75%
- on the day of the trip 90% of the total travel price.
Nürburgring 1927 GmbH & Co. KG calculates the compensation amount based on the ratio of the travel price paid at the time the declaration of withdrawal is received to the total travel price of the affected customer. Upon the customer's request, the calculation of the compensation amount will be provided.
2. Up to ten days before the start of the trip, the customer may, in writing, by email or by fax, request that a third party designated by them take over the rights and obligations under the travel contract. Nürburgring 1927 GmbH & Co. KG has the right to object to this entry of a third party if the third party does not meet the contractual travel requirements. With the declaration of consent to the entry of the third party, this third party and the original customer are jointly and severally liable for the travel price and any additional costs arising from the entry, which may be demanded to a reasonable extent due to administrative effort. The customer will receive corresponding proof of costs.
3. Rebookings are generally only possible by withdrawing from the travel contract under the conditions of the lump-sum compensation amounts in case of withdrawal as specified in paragraph (1) and parallel new bookings. Every rebooking is subject to the availability of the service.
4. If additional costs for contractual services arise due to circumstances for which the customer is responsible and without fault of Nürburgring 1927 GmbH & Co. KG during the preparation or execution of the trip (e.g. subsequent change of customer data), the customer is obliged to reimburse these upon proof.
5. Booked insurance services, such as travel cancellation insurance, must always be paid by the customer, as these are not affected by the withdrawal.
§ 23 Cancellation of the trip by Nürburgring 1927 GmbH & Co. KG
Nürburgring 1927 GmbH & Co. KG is entitled to cancel the trip if the execution of the trip depends on a minimum number of participants that Nürburgring 1927 GmbH & Co. KG has previously announced and this minimum number of participants is not reached. Nürburgring 1927 GmbH & Co. KG can withdraw up to 30 days before the start of the trip.
§ 24 Exclusion of customers from participation in the trip
If a customer's participation in a booked trip is unreasonable for Nürburgring 1927 GmbH & Co. KG for reasons for which the customer is solely responsible, the customer may be excluded from participation in the trip or from further participation during the trip if the customer does not remedy the circumstance leading to the unreasonableness of participation or further participation despite a deadline set by Nürburgring 1927 GmbH & Co. KG.
§ 25 Liability of Nürburgring 1927 GmbH & Co. KG
1. The contractual liability of Nürburgring 1927 GmbH & Co. KG for damages that are not bodily injuries is limited to three times the customer's travel price, unless a damage was caused culpably by Nürburgring 1927 GmbH & Co. KG or an auxiliary person of Nürburgring 1927 GmbH & Co. KG (e.g. cooperation partner).
2. The liability of Nürburgring 1927 GmbH & Co. KG for damages arising from tort, insofar as it is not based on intent or gross negligence on the part of Nürburgring 1927 GmbH & Co. KG, is limited to three times the customer's travel price.
3. Further limitations of liability may arise from international agreements or statutory provisions based thereon, in accordance with § 651p BGB.
§ 26 Duties and rights of the customer in case of travel defects
1. If the trip is not provided by Nürburgring 1927 GmbH & Co. KG in accordance with the contract, the customer may report this defect and demand rectification of the defect. Nürburgring 1927 GmbH & Co. KG may refuse this remedy if the remedy would entail disproportionate effort for Nürburgring 1927 GmbH & Co. KG. The tour guide of Nürburgring 1927 GmbH & Co. KG is authorized to accept defect reports and to make declarations concerning them and concerning the customer's rights and obligations.
2. If Nürburgring 1927 GmbH & Co. KG does not remedy the defect within a reasonable period set by the customer, the customer may remedy the defect himself by way of substitute performance and then claim reimbursement from Nürburgring 1927 GmbH & Co. KG for the reasonable costs required for the remedy. The customer does not need to set a deadline if Nürburgring 1927 GmbH & Co. KG refuses to remedy the defect or if such a deadline is not necessary due to the nature of the defect and a particular interest of the customer.
3. The customer may demand a reduction of the travel price if and to the extent that Nürburgring 1927 GmbH & Co. KG does not properly perform a service in accordance with the contract.
4. Claims for damages by the customer remain unaffected.
5. The customer's claims under this provision lapse if the customer culpably fails to report the defect immediately and Nürburgring 1927 GmbH & Co. KG cannot remedy the defect due to this incorrect report.
6. For the right to terminate and further provisions on reduction and damages, §§ 651k to 651o BGB apply additionally.
§ 27 Statute of limitations
Contractual claims due to non-contractual provision of travel services by the customer become time-barred after two years, beginning on the day on which the trip was scheduled to end according to the contract (§ 651j BGB).
Note according to § 36 Consumer Dispute Resolution Act (VSBG)
The provider will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.