General Terms and Conditions
§ 1 Scope of Application
1.1 These General Terms and Conditions apply to all business relations between GetSpeed Performance GmbH & Co. KG and the customers. Customers within the meaning of these General Terms and Conditions are both consumers as well as entrepreneurs.
1.2 These General Terms and Conditions apply to: a) the purchase of general products from the online shop b) the participation in driver experiences (see § 31 seqq.)
1.3 Deviating terms of the customer, which are not expressly accepted in writing by GetSpeed Performance GmbH & Co. KG, do not become part of the contract.
§ 2 Offers, Orders, Contract Conclusion and Scope of Service
2.1 Offers of GetSpeed Performance GmbH & Co. KG are subject to change. GetSpeed Performance GmbH & Co. KG is furthermore entitled to accept the customer’s offer to conclude a contract, which is constituted in the order, within 3 workdays after receipt.
2.2 The acceptance of the offer will be declared by placing the order via the online shop. The contract will be concluded effectively thereby. GetSpeed Performance GmbH & Co. KG will confirm receipt of the order directly by email.
2.3 The scope of the contractual service follows bindingly from the product description/service specification of the order.
2.4 GetSpeed Performance GmbH & Co. KG is obligated to perform the services that are ordered by the customer and assured by GetSpeed Performance GmbH & Co. KG.
2.5 The customer is obligated to pay the prices of GetSpeed Performance GmbH & Co. KG that have been agreed for these services.
§ 3 Delivery
3.1 For consumers, the risk of accidental loss and accidental deterioration of the sold product, also in case of sale by delivery, will transfer to the consumer upon the handover of the product to the transport company.
3.2 For enterprises, the risk of accidental loss and accidental deterioration of the product will transfer to the entrepreneur on the handover and, in the case of a sale by delivery, on the handover to the carrier, forwarder or other person or institution designated for executing the shipment.
3.3 The transfer will have the same legal effect if the customer is in delay with the acceptance of the shipment.
3.4 If the service is unavailable, the customer will be informed without delay. The consideration if already paid will then be refunded directly. In the event of a delay in delivery at the fault of GetSpeed Performance GmbH & Co. KG, the liability of GetSpeed Performance GmbH & Co. KG for damage compensation shall be limited to the predictable, typically occurring damage, provided that the delay in delivery is not due to an intentional breach of contract within the responsibility of GetSpeed Performance GmbH & Co. KG.
§ 4 Reservation of title
4.1 For contracts with consumers, GetSpeed Performance GmbH & Co. KG reserves the title to the delivered product until complete payment of the purchase price.
4.2 For contracts with entrepreneurs, GetSpeed Performance GmbH & Co. KG reserves the title to the product until complete settlement of all claims under the current business relationship.
4.3 The customer is obligated to inform GetSpeed Performance GmbH & Co. KG immediately of any attachment of the product subject to the reservation of title, for example, in the event of garnishment, and of any damages or the destruction of the product.
4.4 The customer is entitled to resell the product in the course of ordinary business. The customer hereby assigns on this day already all claims to receivables, which arise for them against a third party through the resale, in the amount of the invoice to GetSpeed Performance GmbH & Co. KG. GetSpeed Performance GmbH & Co. KG hereby accepts the assignment. Following the assignment, the entrepreneur shall be entitled to collect the receivables. GetSpeed Performance GmbH & Co. KG reserves the right to collect the receivables itself, as soon as the entrepreneur does not duly fulfill their payment obligations or defaults on payment.
§ 5 Right to Revocation for Consumers
5.1 You may revoke your agreement to conclude the contract without a statement of reasons within a period of 14 days. The revocation period is 14 days as of the day on which you or a third party specified by you, who is not the transport company, has taken the product into possession. To exercise your right of revocation, you need to inform us by a clear statement (e.g. letter, email, fax) about your decision to revoke this contract.
The revocation shall be addressed to:
GetSpeed Performance GmbH & Co. KG Gottlieb-Daimler-Straße 5 53520 Meuspath
5.2 The right to revocation shall not apply if the product is transferred as a data file through electronic channels. In addition, the right to revocation shall not apply to the delivery of audio or video recordings or software if the delivered data media have been unsealed by the consumer. Furthermore, the right to revocation shall not apply to the purchase of single tickets. Special terms apply to withdrawal from the booking of driver experiences and training courses (see § 38) and to withdrawal from touristic offers and package tours (see § 43).
5.3 If you revoke this contract, we will return all payments to you that we have received from you, including shipment costs (except for the additional costs arising for the reason that you have chosen a different kind of delivery than the most affordable standard shipment offered by us), without delay and at the latest within fourteen days as of the date on which the notice of your revocation of this contract was received by us. We will use the same payment method for this repayment as you have used in the original transaction, unless it was explicitly agreed otherwise with you; in no case will any fees be charged to you for this repayment. We may refuse the repayment until we have received the return of the products or until you have provided proof that you have sent the return shipment of the products, depending on what is the earlier date. You shall return or hand over the products to us without delay and in any case, at the latest within fourteen days as of the date on which you informed us of the revocation of this contract. The deadline is observed if you send the products prior to the expiration of the deadline of fourteen days. You shall bear the direct costs for the return shipment of the products. You will be obligated to bear the costs for any loss of value of the products only if this loss of value is due to a handling by you that is not necessary for the check of the condition, characteristics and mode of functioning of the products.
§ 6 Withdrawal
6.1 GetSpeed Performance GmbH & Co. KG will be entitled to withdraw from the contract if prepayment is not remitted even after an appropriate grace period that was set by GetSpeed Performance GmbH & Co. KG with threat of rejection has ended.
6.2 Furthermore, GetSpeed Performance GmbH & Co. KG is entitled to withdraw from the contract for objectively justified reason, for example, if acts of god or other circumstances outside of the responsibility of GetSpeed Performance GmbH & Co. KG render fulfilment of the contract impossible.
6.3 In addition, GetSpeed Performance GmbH & Co. KG reserves withdrawal from the contract if a product is ordered under misleading or untrue statement of essential facts, e.g. relating to the customer or purpose.
6.4 GetSpeed Performance GmbH & Co. KG shall inform the customer immediately of its exercise of the right to withdraw.
6.5 In the event of a withdrawal, the customer shall not hold a claim to damage compensation against GetSpeed Performance GmbH & Co. KG.
6.6 Should GetSpeed Performance GmbH & Co. KG withdraw from the contract for reason of a violation of these General Terms and Conditions by the customer, GetSpeed Performance GmbH & Co. KG shall be entitled to invoice the agreed services if a resale is not possible.
6.7 It is expressly permitted to the customer to prove that no damage or value reduction has been caused at all or a considerably lower loss than the amount of the lump sum.
§ 7 Prices and Payment
7.1 Unless stated otherwise in the product specification, the specified prices are understood including the packaging costs and, provided that the customer maintains a residence or registered office in the Federal Republic of Germany, including the value added tax at the respectively applicable value added tax rate. Moreover, further costs for processing and shipment can be incurred in addition depending on the ordered product.
7.2 Payments shall be due without deductions upon delivery, unless a payment due date has been agreed and specified by GetSpeed Performance GmbH & Co. KG.
7.3 Invoices from GetSpeed Performance GmbH & Co. KG without due date shall be payable without deductions within 10 days from receipt of the invoice. In case of a delay in payment, GetSpeed Performance GmbH & Co. KG shall be entitled to charge interest in the amount of 5% above the respective base interest rate in the case of consumers. Should the customer not be a consumer, GetSpeed Performance GmbH & Co. KG will charge interest in the amount of 8% above the respective base interest rate. The customer is expressly permitted to prove that a lower loss was incurred.
7.4 In the event of default on payment and justified doubts as to the customer’s ability to pay, GetSpeed Performance GmbH & Co. KG shall be entitled – notwithstanding its other rights – to demand securities or prepayments for outstanding deliveries and to call for payment of all receivables from the business relationship.
7.5 GetSpeed Performance GmbH & Co. KG is entitled to demand an appropriate prepayment at any time. The amount of the prepayment and the payment dates are defined in writing in the contract. This applies in particular to package tours.
§ 8 Set-off and Withholding
The customer shall be entitled to rights of set-off only if their counterclaims have been found valid by final and absolute judgement or acknowledged by GetSpeed Performance GmbH & Co. KG. The customer shall be entitled to exercise a right to withholding only to the extent, as their counterclaim is based on the same contractual relationship.
§ 9 Warranty
If the customer is an entrepreneur, GetSpeed Performance GmbH & Co. KG shall initially perform warranty for any defects of the product at its choice either by reworking or replacement delivery. For the rest, the statutory warranty obligations apply.
§ 10 Data Privacy
The customer, if they have placed the order through electronic channels, have been informed about the nature, scope, place and purpose of gathering, processing and use of the personal data required to execute the orders, as well as about their right to object to the use of their anonymized user profile for purposes of advertising, market research and needs-oriented structuring of the service. The customer explicitly consents to the gathering, processing and use of personal data. The customer has a right to revoke the consent at any time with effect for the future.
§ 11 Liability
11.1 Claims against GetSpeed Performance GmbH & Co. KG for damage compensation, regardless of the legal reason, are excluded, unless GetSpeed Performance GmbH & Co. KG or the legal representatives or vicarious agents of GetSpeed Performance GmbH & Co. KG must be accused of intent or gross negligence.
11.2 The disclaimer of liability under § 11.1 shall not apply if the damage compensation claim results from a breach of essential contractual duties. If an essential contractual duty was breached through simple negligence, the liability for compensation shall be limited to compensation of the typical predictable damage.
11.3 Liability for damages resulting from injuries to life, body or health and liability pursuant to the Product Liability Act shall remain unaffected.
11.4 Insofar as the liability of GetSpeed Performance GmbH & Co. KG is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents of GetSpeed Performance GmbH & Co. KG.
§ 12 Vouchers
A voucher can be used only once and not be redeemed in cash. In case the voucher is lost, GetSpeed Performance GmbH & Co. KG does not accept any liability. The validity period is accepted on purchase and it is binding. Redemption of the voucher is possible in the periods during which the Nordschleife is opened and redeemability is therefore limited to at most 12 months. Due to the dependency from the periods during which the Nürburgring is opened, the limitation period is restricted to 12 months. If the voucher is not redeemed within the validity period, the customer will be refunded the purchase price, less the profit lost by the company, if they raise their claim within the statutory limitation periods in the form required by law.
§ 13 Final Provisions
13.1 The law of the Federal Republic of Germany applies.
13.2 The place of payment is the place of registration of GetSpeed Performance GmbH & Co. KG.
13.3 This choice of law applies to consumers who do not conclude the contract for professional or commercial purposes only to the extent as the consumer is not deprived thereby of the protection granted under compulsory provisions of the law of the state in which the consumers maintain their permanent residence. If the customer is an entrepreneur, a legal entity of public law or a public-law investment fund, the exclusive place of jurisdiction for all disputes arising from this contract is our place of registration. The same applies if the customer does not have a general place of jurisdiction within Germany or if the place of residence or habitual abode is unknown on the date of filing the claim in court.
13.4 Should individual provisions of this contract with the customer including these GTC be or become fully or partly invalid, the validity of the remaining provisions shall not be affected thereby. The fully or partly invalid provision shall be replaced by a provision that comes closest to the economic outcome of the invalid provision.
§ 14 Services and Prerequisites for Riding Along in the Race Taxi
14.1 The services of GetSpeed Performance GmbH & Co. KG include the performance of the taxi drive according to the offer.
14.2 For riding along in the Race Taxi, the restriction of a minimum age of 12 years or a physical height of 1.40 m applies. Participants with a physical height of 2.00 m or taller and a weight of 100 kg or more should contact GetSpeed Performance GmbH & Co. KG to determine the possibility to participate.
§ 15 Liability Limitation for Riding Along in the Race Taxi
15.1 The GetSpeed Performance GmbH & Co. KG is liable for its obligations under the contract. This liability is limited to service deficiencies, which are due outside of the typical range for the service to intend or gross negligence of GetSpeed Performance GmbH & Co. KG This limitation shall not apply to damages arising from injury to life, body or health, which are due to intentional or gross negligent breach of duty – also by a legal representative or vicarious agent of the group of persons who are exempted from liability.
15.2 For the rest, the customer is obligated to inform GetSpeed Performance GmbH & Co. KG promptly if it seems possible that extraordinary damage can be caused.
15.3 External services from other companies expressly provided in agency and in the name of third parties are not covered by the liability of GetSpeed Performance GmbH & Co. KG. In the case of such agency services, the liability for deficiencies in agency services is precluded, unless cases of intent or gross negligence are given.
§ 16 Safety Rules for Rides Along with the Race Taxi
16.1 For the entire duration of the taxi ride, the representatives of GetSpeed Performance GmbH & Co. KG will have authority to give instructions to the participant.
16.2 GetSpeed Performance GmbH & Co. KG expressly informs that the passenger must conduct him or herself with extreme discipline and follow the instructions and information given by the organizer.
16.3 Wearing seatbelts is mandatory for all participants.
16.4 The participants may exclusively stay within the safety area defined by the organizer. During the entire event, an absolute alcohol prohibition (0.0 per mill) and drug prohibition applies.
16.5 It is indispensable for assuring safety that these rules are adhered to. If these rules are violated, GetSpeed Performance GmbH & Co. KG shall be entitled to exclude the participants from the further participation in the event without additional warning. In such cases, the event price will not be refunded.
16.6 The participant is liable for any personal injuries, property and/or financial losses that is incurred by GetSpeed Performance GmbH & Co. KG for reason that the participant has not observed the above rules.
16.7 The participant declares that he/she is not aware having any health problems including neuropathy and mental disorders.
§ 17 Photo Recordings during the Ride Along with the Race Taxi
Any photo or video recordings potentially made by the participant may be published by GetSpeed Performance GmbH & Co. KG. By signing the registration form/safety rules, the participants declares his/her consent thereto.
§ 18 Stop, Change or Cancellation of a Taxi Ride
18.1 GetSpeed Performance GmbH & Co. KG reserves the right to postpone or entirely cancel the drive ahead of time for important reasons. In such cases, the participation fee will be refunded, unless the participant attends a rescheduled date.
18.2 GetSpeed Performance GmbH & Co. KG can make changes to the program on short notice for important reasons (e.g. due to the weather, etc.) In such a case, the person registering/participant will not have a right to the refund of the participation fee.
18.3 If driver experiences or training courses that have been started already must be stopped for important reason, the participation fee will be refunded pro rata. Further claims of the person registering/participant and of third parties are excluded.
§ 19 Registration for Driver Experiences and Training Courses by Third Parties
If the participant does not fill out the registration him/herself, the contracting party will be responsible for giving complete information to the participant about these terms of training. Any breaches of duty by the participant that lead to his/her exclusion from the further participation will be attributed to the contracting party.