1. General Terms
1.1. The following terms of business apply to all our events or services, irrespective of
1.2. Whether we ourselves or a third party are the organisers. These terms also apply to all future business relations between the contracting parties, in particular if services are rendered on the basis of verbal agreements in the future.
1.3. For both contracting parties, the place of fulfilment is the event venue.
1.4. If the contracting partner of Drive & Fun GmbH is a registered trader, a legal body under public law or a public-sector special fund, legal action resulting from disputes under the contract must be filed with the court having jurisdiction for the seat of business of Drive & Fun GmbH. This legal venue is also deemed agreed in the event that the party, against whom legal action is being taken, moves its residence or habitual abode out of the area of application of the German Civil Procedure Code after entering into the contract or in the event that said party's residence or habitual place of abode is unknown at the time when legal action is filed.
1.5. In business relations with foreign nationals, both contracting parties understand that all contracts are governed exclusively by German law.
1.6. If one or more provisions in these General Terms of Business is or are ineffective, this does not prejudice the effectiveness of the other provisions in any way whatsoever. On the contrary, both contracting parties will regard the provisions not prejudiced by such ineffectiveness as continuing to be fully effective. To replace the ineffective provisions, a legally acceptable provision coming as close as possible to the ineffective provision in financial terms will be deemed agreed.

2. Contracts
2.1. All agreements relating to performance must be recorded in writing. Any subsidiary arrangements and amendments to the original agreements will only be effective if expressly confirmed by Drive & Fun GmbH.
2.2. Vicarious agents of Drive & Fun GmbH are not authorised to make any subsidiary verbal agreements or to give verbal undertakings going beyond the content of the written contract.
2.3. Drive & Fun GmbH reserves the right to postpone or cancel events if too few participants have registered or if the event cannot be held due to force majeure.

3. Prices and Terms of Payment
3.1. As per contractual agreement, the services of Drive & Fun GmbH will be charged at flat rates or by time and expenditure. If nothing has been agreed to the contrary, charges will be made by time and expenditure. The following general provisions apply to all methods of charging:
3.1.1. If the services of Drive & Fun GmbH are delayed for reasons for which the contractor is not responsible, the contracting partner will reimburse Drive & Fun GmbH for all additional costs incurred.
3.1.2. Payments made by the contracting partner to vicarious agents of Drive & Fun GmbH do not have a debt-discharging effect for Drive & Fun GmbH. Any exceptions are subject to special agreement.
3.1.3. If, at the contracting partner's request, Drive & Fun GmbH renders services not covered by the contract, such services will be charged separately by time and expenditure.
3.1.4. If, for reasons for which it is not responsible, Drive & Fun GmbH has to render services at times or on conditions which differ from the terms provided in the contract and which cause extra expenditure, the contracting partner shall pay the additional prices thus incurred in as much as said partner has been notified by Drive & Fun GmbH in due time about the changes in terms. The contracting partner of Drive & Fun GmbH will certify the time worked, using a form provided by the staff of Drive & Fun GmbH. If the contracting partner does not issue such certification in due time, the records kept by the staff of Drive & Fun GmbH will serve as the basis for charges.
3.1.5. Prices are quoted incl. statutory value-added tax.
3.2. 50% of anticipated event costs are payable on receipt of confirmation of booking. The other 50% are payable on receipt of the invoice which will be issued immediately after the end of the event.
3.3. Variable costs of which the amount will not be known until the end of the event are payable on receipt of the invoice which will be issued immediately after the end of the event.
3.4. Both the agreed prices and the variable costs are to be paid to the place of receipt designated by Drive & Fun GmbH. Such payment is to be made free of charges and without any deductions. In particular, no deduction of a cash discount is permitted.
3.5. All payments are due immediately on receipt of the relevant invoice. The contracting partner will automatically be in default on the 21st day after receipt of the invoice. As of the time of default, interest on arrears will be payable at the rate of 10% p.a. but will be no less than 5% higher than the base interest rate. Drive & Fun GmbH reserves the right to provide evidence of higher damages caused by default.
3.6. The acceptance of any orders to pay, cheques or bills of exchange will only be on account of performance. All costs of collection, discounting, etc. will be paid by the contracting partner in addition to the agreed price.
3.7. Payment is not deemed made until Drive & Fun GmbH can freely dispose of the relevant amount. Payment by cheque is not deemed made until the cheque has finally been credited to Drive & Fun GmbH.
3.8. The contracting partner can only offset payment against counter-claims or exercise rights of retention because of such counter-claims if the latter are undisputed or have been finally confirmed by a court of law. The contracting partner is only permitted to exercise rights of retention if they relate to the same contractual relationship.
3.9. If Drive & Fun GmbH learns of circumstances making the credit standing of the contracting partner appear doubtful, this being, in particular, if a cheque is not honoured or said partner discontinues payment, Drive & Fun GmbH has the right to make all the outstanding debts payable. In such a case, Drive & Fun GmbH has, in particular, the right to require advance payments or security.

4. Cancellation terms
If the contracting partner cancels the contract, the following costs become payable immediately:
- 10% of the agreed price in the event of cancellation before the 60th calendar day before the start of the event,
- 60% of the agreed price in the event of cancellation between the 60th and 16th calendar day before the start of the event,
- 80% of the agreed price in the event of cancellation between the 15th and 6th calendar day before the start of the event,
- 100% of the agreed price in the event of cancellation within the last 5 calendar days before the start of the event.
The contracting partner will be permitted to provide evidence that the appropriate amount or loss has not been incurred in a specific case or is substantially lower than the applicable flat rate.

5. Liability
5.1. Participants take part in events at their own risk. Before the start of the event, each participant must expressly consent to exclusion of liability, this being for himself and also for any legal successors. This exemption includes the following provisions:
Drive & Fun GmbH or its vicarious agents are liable for damages claims of the contracting partner or participants if they are the result of a positive breach of obligation, c.i.c. or an unlawful act as follows:
- liability for personal injury is governed by statutory provisions.
- liability for property damage is limited to the coverage paid by the liability insurance policy for event organisers that Drive & Fun GmbH has taken out.
- liability for financial losses is ruled out.
Liability restrictions do not apply if there is mandatory liability for typical predictable losses in the event of damage to privately used items under the Product Liability Act or in cases of intent or gross negligence or breach of major contractual obligations or the lack of warranted features.5.2.In cases in which the contracting partner is not the participator in the event, the contracting partner shall hold Drive & Fun GmbH or its vicarious agents harmless for all participant liability, this being to the extent legally permissible.

6. Insurance
For Drive & Fun GmbH events, an event organiser liability insurance policy and a participant's accident insurance policy have been taken out. If events are held abroad, every participant must have valid private health insurance covering foreign countries. Depending on the type of event, an optional fully comprehensive insurance policy can be taken out. If a participant already has a private fully comprehensive insurance policy, he should find out in advance whether it also covers the specific event. This is usually the case. Participation in racetrack events, driving on high-speed ovals or handling courses with free driving is always without any insurance coverage by Drive & Fun GmbH. For events involving free driving, participants are strongly recommended to take out accident insurance covering this risk.

7. Photo, film & video
Drive & Fun GmbH reserves the right to use for its own advertising purposes any photos, videos, films, etc. made during the event.