§ 1 – Contractual Partner, Scope of Validity
1. Contracts are concluded in the name and for the account of Scuderia Hanseat Gesellschaft für sicheres Autofahren mbH, represented by its CEO Fritz Borer, Haffkruger Weg 9, 22143 Hamburg (Commercial Register: Municipal Court of Hamburg HRB 129260; VAT ID No. DE188336591).
2. The present General Participation and Business Terms in the version valid at the time of registration will apply exclusively to the business relations between Scuderia Hanseat Gesellschaft für sicheres Autofahren mbH (hereinafter referred to as “Scuderia”) and the participant (hereinafter referred to as “Participant”).
§ 2 – Formation of the Contract
1. The Participant can submit a binding offer for conclusion of the contract on participation in the sports driver seminar on the online form provided at Scuderia’s website. The Participant can also download a registration form and fax or scan and e-mail it to Scuderia after filling out the registration data.
2. The Participant hereby submits a binding offer for participation in a selected sports driver course and any additional course. When submitting and sending the offer the Participant declares that he accepts these contractual terms (General Participation and Business Terms) and has thereby accepted his offer. He further declares that he consents to publication of photographs of the course on the Internet, including with visible license plates. Moreover, with his offer, the Participant states whether he wishes to be specified in the program booklet with his name, address and vehicle. Confirmation of the receipt of the registration (registration confirmation) does not constitute an acceptance by Scuderia of the Participant’s offer.
3. Scuderia can accept this offer within five calendar days by sending an order confirmation. Failing this, the offer will be regarded as having been rejected.
§ 3 - Availability
Where the desired sports driver course is fully booked at the time of registration Scuderia will inform the Participant of this immediately. In this case, the Participant’s contractual offer will not be accepted. No contract will be concluded. Where desired, the Participant can have himself placed on a waiting list. If there is a vacancy for a sports driver course, the Participant shall be informed accordingly. The Participant may accept the vacancy, but is not obligated to do so.
§ 4 – Services by Scuderia; Types of Seminar; Licenses
1. The scope of services provided by Scuderia is shown at https://www.scuderia-hanseat.de/course/services/?L=3. The right to make changes to the scope of services is reserved provided that the changes are minor and acceptable for the Participant.
2. Alongside participation as a driver in the sports driver course, participation of an additional person as a “passenger” or “second driver” is possible. The “passenger” does not have the right in this case to steer the vehicle and participation by the passenger in the final test is excluded.
If another person is registered as a “second driver” and has a valid driver’s license for Germany the “second driver” will have the right to change places with the Participant. He will also have the right to take part in the final test with the corresponding launch and grading in the pre-starter group.
3. In addition to participation as a driver in the sports driver course there is the possibility of completing an additional course to acquire the license “National License Grade A” of Deutscher Motor Sport Bund e. V., the “National License” of Switzerland of the Verband Auto Sport Schweiz or of the Permit-Nordschleife of the Deutscher Motor Sport Bund e. V. The prerequisite for the course is uninterrupted participation in the seminar. In addition, the license seminar offered on the first day of the course must be successfully completed for acquisition of the license. Participation is only possible in one of the three specified license seminars per course.
§ 5 – Prerequisites for Participation
1. At the time of the course, the Participant must have a driver’s license recognized in Germany (with the exception of registration as a “passenger”).
2. The Participant’s vehicle must have a Ministry of Transport approval.
3. There must be a third-party liability insurance policy for the vehicle being used by the Participant.
4. For vehicles without a standard license plate (Euro license plate) a (short-term) owner’s third-party liability insurance policy must be taken out and proof of this must be provided to Scuderia before the start of the event.
5. Vehicles that are too noisy may not be admitted/are excluded from further participation (max. sound pressure level of 98 dB (A) = EU Norm).
6. The tires must be approved by the Ministry of Transport for the respective vehicle. Pure slicks and rain-racing tires are not permitted.
7. In the case of vehicle without a solid roof, a properly-functioning roll bar is mandatory. These vehicles may only be driven on the race track with a closed roof and closed side windows.
§ 6 - Prices, Discount, Payment Terms
1. All prices specified are in EURO including VAT at the statutory rate, excluding costs for any hotel reservation in connection with the sports driver course (cf. § 12).
2. The current course prices are shown at https://www.scuderia-hanseat.de/registration/prices-and-rebates/?L=3/. Scuderia offers a number of discounts which are also shown at the above Internet address.
3. Upon registration for the course, a reservation fee equivalent to 50% of the course fee will be due. Alternatively, the Participant may already pay the full course fee upon registration. Where the Participant only pays the reservation fee, the remainder of the course fee will be due four to six weeks before the start of the course. The Participant will receive a separate notification for this.
4. Payment of the course will be per credit transfer. It is to be made to Scuderia’s account with Hamburger Sparkasse:
IBAN: DE53 2005 0550 1045 1318 83
BIC/SWIFT: HASPDE HH XXX
§ 7 – Terms of Cancelation
1. Scuderia advises that a cancelation insurance policy may be taken out externally for participation in the sports driver course which is comparable to taking out a travel cancelation insurance policy. This insurance policy is offered by various institutions such as e.g. credit card providers, automobile clubs, insurance companies, etc.
2. Cancelation/changes to the reservation for the sports driver course must be in textual form.
3. If a registered participant cannot take part in the course and sends Scuderia a substitute to take the reserved place, Scuderia will make the changes free of charge. However, if the change is made directly before the start of the sports driver course there is no entitlement to a correction of the participant’s name in the program booklet and on the documents issued in the course.
4. Where a registered participant is unable to take part in the course and Scuderia has a corresponding waiting list for the course and the person from the waiting list takes the place of the registered participant, changes to the reservation in this case will also be free of charge. In the case of changes made directly before the start of the sports driver course there will be no entitlement to correction of the participant’s name in the program booklet and on the documents issued in the course.
5. For all other changes to the reservation the following fees will be charged:
a. Changes up to 60 days before start of the course (inclusive):
200.00 EUR alteration fees will be due.
b. Changes up to 45 days before the start of the course (inclusive):
400.00 EUR alteration fees will be due.
c. Changes up to 30 days before start of the course (inclusive):
800.00 EUR alteration fees will be due.
d. Changes up to 15 days before start of the course (inclusive):
The reservation fee will be due as an alteration/cancelation fee.
e. In the aforementioned cases from a-d the remainder of the Participant’s credits will be used for a re-booked course.
f. Changes made later than 15 days before the start of the course:
The entire course fee will be due as an alteration/cancelation fee. There will be no deduction for a re-booked course.
§ 8 – Scuderia’s Liability
1. Scuderia will only be liable for willfulness and gross negligence. In the case of injury to life, limb or health or from the breach of cardinal contractual duties Scuderia will only be liable in accordance with the statutory terms. Cardinal contractual duties are duties whose fulfillment is necessary for attaining the goal of the contract.
2. In the case of breach of cardinal contractual duties Scuderia will only be liable for typical, foreseeable damage where it was not caused negligently unless it concerns damage compensation claims by the Participant from injury to life, limb or health.
3. The restrictions of § 8 Item 1. and 2. will also apply in favor of the legal representative and vicarious agents of Scuderia where claims are made against it directly.
§ 9 – Exclusion of Liability at the Nürburgring
1. The Participant’s driving at the Nürburgring is excluded from any liability by Scuderia, its legal representative and vicarious agents.
2. This exclusion of liability will not apply to the case of injury to life, limb or health. In these cases, Scuderia will be liable in accordance with the statutory terms.
3. The participants will waive claims of any kind against other participants as well as the owners and keepers of the other vehicles incurred in connection with driving on the Nürburgring. This waiver will not apply in the case of damage caused willfully or by gross negligence.
§ 10 – Data Protection; Storage of Contractual Data
1. When using the online registration, the Participant will be offered the possibility of registering under specification of his personal data. The data are entered into the entry mask sent to Scuderia and stored by Scuderia. Registration is for performance of a contract or performance of pre-contractual measures and is thus based on Art. 6 Sect. 1 lit. b GDPR.
2. For the conclusion and performance of the contract Scuderia requires contact details such as name, address, telephone numbers and e-mail address. In addition, Scuderia uses the data to maintain the customer database in order to ensure that only relevant data are stored in it.
3. More information on the topic of data protection can be retrieved at: https://www.scuderia-hanseat.de/contact/imprint/?L=3
§ 11 – No Right of Revocation
The Participant does not have a right of revocation. There is no right of revocation for the provision of services in connection with leisure activity if the contract provides for a specific date or period for performance.
§ 12 - Optional Hotel Reservation
1. Scuderia offers the participants the possibility of reserving a room at Dorint Am Nürburgring Hocheifel or at LINDNER Congress- und Motorsporthotel Nürburgring under special conditions for the course period. The respective room rates are shown at https://www.scuderia-hanseat.de/registration/hotels/?L=3.
2. Where the participant wants a room reservation at special conditions, he will inform Scuderia of this within the scope of registration. Scuderia will then pass on the Participant’s data to the requested hotel, which then directly contacts the Participant.
3. Reservation of the rooms will be made under the conditions offered by Scuderia directly between the Participant and the requested hotel.
§ 13 – Final Provisions
1. Subject to the proviso of mandatory provisions of international private law, the laws of the Federal Republic of Germany, excluding the UN Sales Convention, will apply to the contracts between Scuderia and the participants.
2. Should individual terms of the present terms be invalid this will not affect the validity of the remaining terms. The parties to the contract will make every effort to replace the invalid term with a valid term which comes as close as possible to the economic content of the invalid term.