General Terms and Conditions

General Terms and Conditions

MEISER rental + event GmbH referred to as "MEISER" in the following.

1. The following rules apply to all events of the contractual partner MEISER rental + event GmbH (MEISER), Im großen Boden 4, 56589 Niederbreitbach, Germany, in particular to trackdays in which participants take part with their own vehicles as well as to the vehicle rental of MEISER rental + event GmbH in the context of events of MEISER and to so-called tourist or cab rides and arrangements of trackday events or cab rides of third parties. A tourist drive advertised by Nürburgring 1927 GmbH & Co. KG is a public use of the Nürburgring Nordschleife and Grand Prix circuit for a fixed fee per lap or time quota. The terms of use of Nürburgring 1927 GmbH & Co. KG, which can be viewed at https://nuerburgring.de/info/company/gtc/driving-regulations.

2. StVZO and StVO regulations are applicable, in particular § 3 Para. 1 StVO and § 29 Para. 1 StVO for tourist drives. Tourist drives are specifically not intended to achieve maximum speeds or the shortest driving time.

3. Road-legal and non-legal vehicles can be rented from MEISER for trackday events. These events specifically do not serve the purpose of achieving maximum speeds or the shortest driving time.

4. Road-legal vehicles can be rented from MEISER for driving safety events. These events specifically do not serve the purpose of achieving maximum speeds or the shortest driving time.

5. The landscape is going be conveyed at road events, guided exploration of roads (road tours). These events explicitly do not serve the purpose of achieving maximum speeds or the shortest driving time. The StVZO and StVO on public district, state and federal roads must be adhered.

6. MEISER in racing vehicles. The participant is exclusively a co-driver. These events explicitly do not serve the purpose of achieving maximum speeds or the shortest driving time.

7. Only participants with a valid European driver's license for the vehicle used in the event may participate. Participants agree to always behave considerately towards other participants at all times. Participants with their own vehicle, which is not provided by MEISER, must prove that they have at least a legal liability insurance. Such a car must comply with the German StVO (road traffic act).

8. Participants are required to wear a suitable helmet for motor sports and seat belt at trackday events. Participants will not endanger themselves, others or the vehicles with intent or gross negligence. Instructions of the organizer, his representative, assistant, or track manager must be followed without restriction. Warning signals and flags must be observed and the participants must behave accordingly. MEISER or the respective responsible organizer has the right to exclude a participant from the event in case of violation. In such a case, there will be no refund of fees paid for participation, reimbursement of expenses or other costs.

9. Participation in a driver's briefing is mandatory for each participant.

10. Co-drivers can participate at their own risk under these conditions:

Co-drivers for tourist rides must be at least 12 years old, or 1.50m tall.
Co-drivers for trackday events must be at least 16 years old.
Co-drivers for driving safety events must be at least 16 years old.
Co-drivers for Road events must be at least 12 years old, or 1.50 tall.

11. The participant accepts the regulations for the use of a toll, racing or training route in the currently valid form and

will adhere to them at the current event.

12. All costs caused by the participant, for example due to damages of the track (e.g. crash barriers, sweeping fees, towing costs, tire piles, etc.) in connection with participation in the event, must be covered by the participant. The costs will be paid directly and immediately to the operator of the toll, race or training track. The participant agrees to refund the costs directly to MEISER with verification, if MEISER pays for the caused costs in advance. If a trackday or a driving safety event is booked by a third party organizer and MEISER only books the participant into this event, the relevant general terms and conditions and specifications of the third party organizer are applicable, to which the participant receives a separate notice prior to the conclusion of the contract.

13. The participant assures that he/she does not suffer from any medical or psychological illnesses or impairments, nor is he/she undergoing any addictive medical treatment that could affect participation.

14. Regardless of weather conditions, all events will take place. MEISER has the right to change the event or to cancel the event in case of force majeure or exceptional circumstances, such as instruction or determination of the track management and / or the operator of the toll, race or training track as well as an official order of authorities or any other public institution. This shall not result in a claim for compensation or costs against MEISER. Force Majeure shall be interpreted for this entire contract as any circumstance resulting in a failure or delay in the performance of the Party's obligations, directly or indirectly, caused by forces beyond its control.

a) If a closing occurs during an event that has already started, MEISER will transfer any remaining laps or unused mileage to another event or provide a gift card valid for the next 24 months.

b) If the booked event must be cancelled or the participant cannot attend due to force majeure, the party that has knowledge of it first must inform the other party immediately. MEISER will issue a gift card for the full value of the booking, valid for the next 24 months, which can be used by the participant at any event organized by MEISER as soon as the circumstance hindering the event discontinues. The same is applicable in case of closure of the track or change of opening hours.

15. In case of cancellation of the booked event or vehicle and other services, refund will be provided as following:

a) For cancellations within 14 days before the agreed dates, the price will not be refunded.

b) For cancellations between 14 and 30 days before the agreed date, 50% of the price will be refunded. (Not affected are trackday entry fees and third-party fees).

c) For cancellations 30 days or more before the agreed date, 75% of the price will be refunded (Not affected are trackday entry fees as well as third party fees).

16. One copy of these General Terms and Conditions must be handed over to MEISER for the contract conclusion of an event or for renting a vehicle.

17. If a dashcam is installed in the rented vehicles, participants and accompanying persons declare with their signature that they consent to the driving being recorded for their safety and for the safety of MEISER. The agreement includes photo, sound and film recordings made during the period of the event or the rental period. The technical failure of such does not entitle the participant to a refund. MEISER is authorized to use these recordings free of charge for advertising purposes.

11. The participant accepts the regulations for the use of a toll, racing or training route in the currently valid form and will adhere to them at the current event.

For renting a vehicle

1. MEISER offers its own and third party vehicles for rent to run during events (trackdays, driving safety events, road tours and tourist trips).

2. The vehicles are checked by MEISER and are handed over to the renter with a full tank of fuel, cleaned and in a condition in which they are safe to operate and drive. At the end of the rental period, the vehicle must be returned to MEISER without delay. MEISER will check the vehicle following the return. If it is not returned with a full tank of gasoline (98 octane (super plus)), MEISER will separately charge the renter €3 per liter of fuel. This is only valid when renting a vehicle in the basic package. In case of heavy soiling, the renter has to pay the cleaning costs, which will be charged by MEISER. MEISER is not liable for objects left in the vehicles.

3. If the renter does not book the vehicle for the whole day, the return must take place as following:

a) When booking a 40 km (2 laps) package, the return has to take place 2 hours after handover by MEISER, or in case of a morning booking, at latest by 12:45 p.m. and in case of an afternoon booking, at latest by 8 p.m.

b) When booking an 80 km (4 laps) package, the return has to take place 3 hours after handover by MEISER, or in case of a morning booking, at latest by 12:45 p.m. and in case of an afternoon booking, at latest by 8:00 p.m.

c) When booking a 120 km (6 laps) package, the return has to take place 4 hours after handover by MEISER, or in case of a morning booking, at latest by 12:45 p.m. and in case of an afternoon booking, at latest by 8:00 p.m.

d) When booking a 160 km (8 laps) package, the return has to take place 5 hours after handover by MEISER, at the latest, at latest by 8:00 p.m.

e) The vehicles must always be returned to MEISER by 8:00 p.m. at the latest in the case of afternoon bookings or daily rentals, unless otherwise explicitly agreed in a written agreement. For all bookings, in case of a late return of more than 15 minutes, a separate fee charged by MEISER in the amount of 15% of the booked services applies.

4. The vehicles are intended for operation on Nürburgring-Nordschleife, Nürburgring Grand Prix Circuit, Driving Safety Center, Spa-Francorchamps as well as on other race tracks and the public sections. The vehicles should be used appropriately and with foresight. When booking the basic package, costs for fuel and track fees have to be paid by the renter. The renter will observe all legal regulations in connection with the rental and especially the regulations of the StVO (road traffic act). Fines, penalties or similar in connection with the use of the vehicle shall be paid by the renter.

5. The transfer of the rented vehicle to third parties is not permitted. The renter and therefore authorized driver is/are only the person(s) designated in the contract. MEISER reserves the right to offer the renter an alternative vehicle at its own reasonable discretion (e.g. in the event of appropriate weather conditions, driver capabilities, vehicle availability, etc.); the renter shall be informed immediately of any change of vehicle. A possible positive difference between the booked vehicle price and the actual price of the vehicle shall be refunded to the renter or, at the renter's option, converted into a gift card with a validity of 12 months. A change of vehicle by MEISER entitles the renter to the cancellation of the contract. Any costs of the renter occurred up to this point of time will not be refunded by MEISER.

6. The renter must check the vehicle display during the drive, in particular tire pressure, engine temperature, oil temperature and water temperature. As soon as the renter notices a defect during the use of the vehicle, this must be reported to MEISER immediately. Any suspicion of a malfunction must also be reported to MEISER immediately. Continuing to drive with the vehicle may cause significant damage. Any overrevving of the engine (in the case of BMW e36 325i and BMW e90 325i from 6,900 rpm, Suzuki Swift 7,200 rpm, Hyundai i30n 7,200 rpm) due to improper gear shifting or similar requires checking the technical condition of the engine. The renter agrees to pay for any costs arising as a result. For checking purposes, the data acquisition system will be read checked after the vehicle has been returned to MEISER.

7. The vehicle must be used properly. MEISER reserves the right in cases of improper use (such as drifting, burn-outs, etc.) to issue a warning the renter or to prohibit further use. In such cases, there will be no refund for the booked use of the vehicle. For damages as well as above-average wear of the vehicle, here in particular tires and brakes, the renter has to pay for compensation.
If the vehicle has a launch control, the renter and driver are not allowed to use it.

8. In the case of kilometer package agreements, a refund will not take place for not used kilometers within the intended time period. The only exception is the case due to early closure of the race track / event due to third party fault or force majeure that here was no time to use the booked service. In this case, the kilometers not driven will be credited in the form of a gift card.

9. The renter is responsible for damages to the rented vehicle, to the track (e.g. guard rails / barriers), to other vehicles or persons involved and for possible towing and rescue costs, even if an instructor/coach is present on the passenger seat. This includes extreme situations in which the instructor/coach must actively intervene in driving maneuvers and for cases in which the instructor/coach is driving the rented vehicle.

Cost coverage for the use of a rental car

1. The renter agrees to be liable for all internal/external damages, theft or mechanical defects (e.g. coupling) up to the maximum amounts listed below, which occurred during the rental period of the vehicle. This applies regardless of which car has been reserved. Likewise for all repair costs or cost estimates / appraisals of third parties. The renter accepts the obligation to accept liability for MEISER vehicles to the following extent:

Suzuki Swift Sport: 6.500€
BMW e36 325i: 18.500€
BMW e90 325i: 15.500€
BMW g20 330i: 65.000€
Hyundai I30N Perfomance: 22.500€
VW Golf GTI Performance: 22.500€

Regardless of the above, the renter's obligation to

compensate for damage exists at most only to the extent of the amount of the actual damage or to the extent of the usually occurring reduction in value. The renter is explicitly entitled to prove the non-occurrence of damage due to negligent action or improper use. The renter also has the right to prove that a significantly smaller reduction in value has occurred. In case of willfully caused damage, a duty to indemnify of 100% of the damage shall apply, irrespective of the above. The renter/driver does not acquire ownership of the vehicle or individual vehicle parts through a paid damage compensation.

2. In case of damaging a third party, the renter agrees to accept 100% of the liability of third party claims on public roads and race tracks (including tourist drives). In case of willful damage, the renter is also liable for 100% of the damage, regardless of the above.

For participation in co-pilot rides in the race cab as part of racing teams

1. MEISER offers rides in vehicles (so-called race cabs) at events. The same shall also be arranged for external racing teams.

2. The events do not serve the purpose of achieving top speeds in particular.

3. MEISER provides vehicles that are suitable for use on race tracks and are in flawless technical condition. Only qualified and experienced drivers will perform the booked drives.

4. The participant knows the general conditions of participation as well as the conditions of the organizer and the operator of the race track and agrees to follow all rules of conduct.

5. The co-pilot driving procedure is entirely up to the judgement of the driver of the car. The participant cannot demand a certain driving style. The participant is strictly forbidden to interfere with the mechanical processes

during the driving event. The participant must strictly follow all instructions of the organizer as well as the respective driver.

6. Any liability of the organizer or his assistants and agents for personal injury or property damage caused to the participant by participation in the event is excluded, except for intent and gross negligence.

7. The participant assures that he does not suffer from heart or spinal conditions. Other conditions or illnesses that may affect participation are also not present.

8. The organizer reserves the right to have the service he is responsible for carried out by a third party. In this case, 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 is not liable for the service to be provided, but for the careful selection of the third party.

Disclaimer

1. Participation in the event is at the participant's own risk. The participant is solely responsible under civil and criminal law for all damage caused by him/her, including damage to the vehicle used by him/her. By signing this declaration, the participant agrees to release MEISER, its representatives and assistants, as well as the operator of the toll, racing and training tracks and its agents and helpers from all claims resulting from personal injury, property damage and financial loss, except for damages resulting from intent and gross negligence.

2. Should third parties assert claims in connection with the participant's participation at the event against MEISER, its representatives and assistants, as well as the operator of the race track and its agents and helpers, the participant explicitly declares that he/she releases them from liability.

3. The participant has read the conditions of participation

of MEISER and declares to comply with all conditions and rules of the operator of the toll, racing, and training tracks in connection with his/her participation.

4. There are no verbal subsidiary agreements. Further agreements must be made written to be valid.

RaceCarRental.de is a registered trademark of
MEISER rental + event GmbH
Im großen Boden 4
56589 Niederbreitbach 


Management:
Lars Andreas Duckek, Philipp Meiser 

Commercial Register Montabaur Montabaur, HRB 28351

The exclusive place of jurisdiction is the registered office of MEISER rental + event GmbH. The law of the Federal Republic of Germany applies.