General Conditions

GENERAL TERMS AND CONDITIONS

from

 

Circuit Meppen GmbH

located at Meppen, am Rögelberg 16, D-49716

further referred to as Circuit Meppen

 

1. GENERAL

1.1 With the filing of these General Terms and Conditions at the offices of Circuit Meppen, am Rögelberg 16, D-49716 in Meppen as of March 1, 2022, all previous General Terms and Conditions and provisions of Circuit Meppen have lapsed.

1.2 These General Terms and Conditions form an inseparable part of all agreements concluded with the client, insofar as they are not expressly excluded by Circuit Meppen. The client or any other party contracting with Circuit Meppen acknowledges by signature the applicability of these General Terms and Conditions to all engagements with Circuit Meppen, to the exclusion of any General Terms and Conditions of the other party.

1.3. These General Terms and Conditions are also posted on Circuit Meppen's website, are available for inspection at the office of Circuit Meppen, and will be sent by Circuit Meppen upon first request therefore.

1.4 All orders shall be carried out only on the following conditions, unless expressly agreed otherwise and confirmed in writing by Circuit Meppen.

1.5 Agreements with personnel do not bind Circuit Meppen unless confirmed by it in writing.

1.6 If in respect of certain subjects regulated by these terms and conditions deviations have been agreed upon, the present General Terms and Conditions shall continue to apply to the remainder of the agreement. Agreed deviations shall never apply to more than one assignment, unless confirmed again in writing.

1.7 Circuit means a non-public asphalted track with accompanying verges and gravel beds, as well as the road surface in front of the garage boxes (pit lane). Unless expressly agreed otherwise, reference is made to the entire circuit, the length of which is 2600 meters.

 

2. OFFERS

2.1 All offers are, unless expressly agreed otherwise, without obligation, whereby the offer made shall only be regarded as an invitation to place an order. Circuit Meppen is only bound after it has confirmed the order in writing. The period within which an offer remains valid is thirty days, unless otherwise agreed.

2.2 In the case of composite price quotations there is no obligation to deliver a part at a corresponding part of the price quoted for the whole.

2.3 All prices quoted by Circuit Meppen are exclusive of VAT and/or other taxes, charges or duties imposed as such, unless otherwise expressly stated on the order confirmation.

2.4 If Circuit Meppen purchases or hires personnel or equipment from third parties at the request of the client, these costs will be passed on to the client. Circuit Meppen is also entitled to charge a minimum service surcharge of 20%.

2.5 The client is not permitted to make video recordings, including recordings by means of drone(s), on the circuit grounds, except with the written consent of the Circuit Meppen management. The video recordings made with permission may only be shown in the home, unless otherwise agreed.

2.6 Changes by Circuit Meppen of stated prices, without prior notice and also after the order confirmation has been sent, are expressly reserved; for example, Circuit Meppen will be entitled to pass on to the client, from the conclusion of the agreement until the entire delivery or execution thereof, the increases that have occurred in wages, social employer's contributions and/or other conditions of employment, as well as increases in other rates, rights, charges, levies and taxes, as well as any changes in exchange rates, which are cost-increasing for Circuit Meppen. If the increase amounts to more than 5% of the agreed price, the client will be entitled to cancel the agreement under the obligation to pay Circuit Meppen for the already executed part of the order.

2.7 The client is not permitted to independently purchase services and/or work from third parties, such as catering, power connections (main connection including the rental of aggregates), water, water connections, first aid, security, parking management, cashiers, access controllers, and all ICT related matters. With respect to the foregoing, the client is obliged to purchase these services and/or activities from Circuit Meppen.

 

3. ASSIGNMENTS

3.1 A reservation binds the client. Circuit Meppen shall only be bound after the user agreement has been returned by the client fully completed and signed and the client has complied with the provisions in the section "payment".

3.2 Changes requested by the client in the performance of the agreement after it has been signed must be notified to Circuit Meppen in good time and in writing. If these changes are given verbally or by telephone, the risk of the implementation of the change shall be borne by the client, unless these changes are confirmed in writing by Circuit Meppen.

3.3 Changes to the original agreement, of whatever nature, made orally or in writing by or on behalf of the client, which cause higher costs than could have been counted on at the time of the quotation and/or entering into the agreement, will be charged to the client in addition.

3.4 Changes to and/or cancellations of given assignments shall bind Circuit Meppen only after written acceptance.

3.5 In the event of cancellation by the client of days of use, the following arrangements shall apply.

a. If none of the days of use falls on a weekend or on a national holiday in Germany, in the event of cancellation at least three months before the first day of use no rent shall be due; between two and three months before the first day of use 50% of the rent and in the event of cancellation less than two months before the first day of use the entire rent.

b. If one of the days of use falls on a weekend or on a national holiday in Germany, if cancelled at least six months before the first day of use, no rent is due; between six and four months before the first day of use, 50% of the rent and if cancelled less than four months before the first day of use, the entire rent is due.

 

4. USE

4.1 Delays or delays shall not be for the account of Circuit Meppen, unless demonstrably and by reasonable standards caused by the fault or (gross) negligence of Circuit Meppen, all this without prejudice to the provisions of chapter 5.

4.2 If the client does not comply with the provisions of these general terms and conditions of use, Circuit Meppen has the right to terminate the user agreement prematurely, to deny the user access to the circuit and the associated accommodation and to proceed to collection of the user fee for the entire agreed period of use.

4.3 The client is not entitled to transfer its rights under the user agreement to third parties without the express consent of Circuit Meppen. The client derives from the user agreement only the right to make personal use of the circuit and the associated accommodation, unless otherwise agreed in writing.

4.4 The Client shall at all times give Circuit Meppen the opportunity to inspect the circuit and the associated accommodations and, if Circuit Meppen deems it necessary, to interrupt the use by the Client in order to carry out remedial work on the circuit, the verges, fencing and/or safety facilities. Furthermore, Circuit Meppen is entitled during the use by the client to narrow or partially relocate parts of the circuit for (maintenance) work or modifications.

4.5 The hours of use for a full day are from 09.00 - 17.00 with an obligatory lunch break and engine silence from 12:00 - 13:00. Half-day rentals are from 09:00 - 12:00 or from 13:00 - 17:00. Evening rentals are from 17:00 - 19:00 or from 17:00 - 21:00, depending on the period of the year, as indicated in the rental contract and the attached price list. In agreement with Circuit Meppen, it is possible for the customer to change the time of the afternoon break for reasons of his own. Whether this is actually possible is at the sole discretion of Circuit Meppen and the customer can therefore never make any claims in this respect. The client is not permitted - unless otherwise agreed in writing - to use the circuit and/or accompanying accommodation outside the times stated in the user agreement.

4.6 Circuit Meppen is entitled to cancel the user agreement if there is a major change to the route of the circuit or the associated facilities, in which case the client will not be due the user fee. Circuit Meppen is also entitled to cancel the user agreement if one or more days of use coincide with an event organized by, among others, KNAF, KNMV, FIA, FISA, FIM, RAC or ONS.

4.7 All vehicles admitted to the circuit by the client may not produce more than the following maximum noise production as a measurement result;

between 09.00 - 17.00 hours 95 dB(A) and between 17.00 - 21.00 hours 92 dB(A).

The values indicated above will be checked by means of the calibrated noise measuring installation, which is placed in the inner area of the circuit of Circuit Meppen.

4.8 Clients and third parties who make use of the circuit and associated accommodation through the intervention of the client must strictly follow the instructions of Circuit Meppen, its personnel or third parties hired by it.

4.9 Circuit Meppen shall at all times be entitled to terminate the concluded (use) agreement with effect from a date to be determined by Circuit Meppen:

a. If the client fails to comply with any obligation arising for him from that agreement or these general terms and conditions of use,

b. If the customer applies for a suspension of payment or is declared bankrupt,

c. If goods of client are seized, or

d. If any information, documentation or circumstance must be established that Client will definitively not or not fully meet its obligations.

4.10 The Client and those who, pursuant to the concluded agreement, make use of the hospitality areas or the circuit grounds, must strictly follow the instructions of the personnel of Circuit Meppen, in default of which Circuit Meppen has the right to deny the aforementioned persons further access to the complex and grounds, in which case there will be no (partial) refund of the agreed amount.

4.11 The Client shall at all times remain responsible for applying for and obtaining as well as complying with the requirements of or the provisions of permits, regulations and statutory provisions that may be applicable to the activity or parts thereof planned by the Client. The principal has an obligation to investigate the permits, regulations and legal provisions in question.

4.12 If the Client does not fully comply with the provisions of the permits, regulations and statutory provisions referred to in the previous article, all sanctions imposed by the authorities shall be for the account of the Client, even if these are directed to Circuit Meppen, and the Client shall hold Circuit Meppen fully and unconditionally indemnified against any financial or material consequence arising from or related to the obligations referred to in this and the previous article.

4.13 The Client shall be obliged to submit a detailed program relating to the intended activities at least one month before commencement, so that Circuit Meppen can take adequate safety measures. The approval of the program intended by the Client shall belong exclusively and without giving any further motivation thereof, to Circuit Meppen.

4.14 At the end of the rental period, the Tenant is obliged to hand back the grounds of Circuit Meppen to the Landlord in their original state. If, in the sole judgment of Circuit Meppen, a more than reasonable amount of waste is left behind, Circuit Meppen reserves the right to invoice the lessee an additional flat rate for this.

4.15 If the lessee has received an access key or access keys from the lessor, he is obliged to hand these over to the lessor as soon as possible after the end of the lease period, but no later than on the same day as the lease period ends, when leaving the premises.

 

5. EXCEEDING OF DELIVERY PERIOD

5.1 The deadlines agreed with Circuit Meppen are always to be regarded by the client as approximate and never as deadlines, unless the contrary has been expressly agreed in writing.

5.2 All causes or circumstances which by legal standards are regarded as force majeure, (as such, among others. shall include: War, mobilization, riots, pandemic(s), flooding, closed shipping and other traffic congestion, stagnation in, respectively restriction or cessation of deliveries by public utilities, fire, machinery breakdown and other accidents, strikes, lockouts, extreme weather conditions, actions of workers' organizations, measures by the government and other unforeseen circumstances which disrupt the normal course of business and delay the execution of an order or make it reasonably impossible) shall release Circuit Meppen from compliance with the agreed period or the obligation to execute the order, without the client being able to assert any claim or right to compensation for costs, damages or interest against Circuit Meppen on this account.

5.3 In case of force majeure, Circuit Meppen will immediately notify the client thereof, in which case the client has the right to cancel the order in writing for eight days after receipt of the notification, however with the obligation to compensate Circuit Meppen for the part of the order already executed.

 

6. COMPLAINTS

6.1 Any complaints must be notified in writing to Circuit Meppen at the latest within eight days after the completion of the assignment.

6.2 Defects to a part of the delivered work do not give the client the right to reject the entire delivered performance.

6.3 Circuit Meppen accepts no responsibility whatsoever for defects caused by or arising to the delivered goods through the fault or actions of the client or third parties, or through external causes.

6.4 Circuit Meppen shall have no more obligations than those arising from this section; in particular Circuit Meppen shall in no case be liable for direct or indirect damages, including trading losses, loss of profit or income, personal injury, which may arise as a result of the non-, incorrect or untimely execution of the order by Circuit Meppen or the auxiliary persons hired by Circuit Meppen.

7. LIABILITY

7.1 Except in cases of intent or gross negligence, to be proven by the client, Circuit Meppen bears no liability whatsoever for any damage, however called and whatever the cause.

7.2. In the event that Circuit Meppen is liable to pay any compensation for damages, this compensation shall never exceed the amount of the order placed by the client with Circuit Meppen, or the amount paid out by Circuit Meppen's insurer in respect of Circuit Meppen's liability.

7.3 If an order for delivery or execution of work is given on behalf of two or more natural or legal persons, these persons shall each be jointly and severally liable for the full performance of the obligation arising from the ad hoc agreement.

7.4 Circuit Meppen can never be held liable by the client or by third parties for damages suffered, caused by or because of the condition of the circuit or changes, foreseen or not, therein. The client accepts the circuit -in particular the associated safety devices- in the condition in which it is located.

7.5 The Client indemnifies Circuit Meppen from claims by third parties due to or because of the provisions of the preceding article.

7.6 Changes and/or restrictions of agreed times or permitted noise levels, the introduction of mandatory breaks etc. by the Mayor of Meppen or by the Landkreis Emsland, the state of Lower Saxony or the national government of Germany cannot be attributed to Circuit Meppen and Circuit Meppen therefore accepts no liability for any loss suffered by the client as a result.

7.7 Circuit Meppen shall never be liable for any loss suffered by the client as a result of cancellation of the user agreement by Circuit Meppen as mentioned in Clause 4.6.

7.8 The client shall be liable for all damage which, according to reasonable standards of carelessness, negligence or wilful misconduct, can be attributed to the client or to the third parties present at the circuit or associated accommodation through his intervention. A list containing the current prices for the most common damages is available for inspection at the offices of Circuit Meppen. Otherwise the client shall owe Circuit Meppen an amount equal to the purchase costs of the goods to be replaced as well as all costs which are directly or indirectly related to the replacement.

 

8. PAYMENT

8.1 In the event of use of the circuit ground, payment of the amount due under the user agreement must be made no later than 14 days in advance.

8.2 All other payments must be made within 14 days of the invoice date.

8.3 All payments to Circuit Meppen whether or not in connection with orders issued to Circuit Meppen shall be made exclusively in Euros and in a manner to be indicated to the client by Circuit Meppen.

8.4 The legally valid receipt of any payment to Circuit Meppen can only be established by the mention thereof on any written or digital document and/or bank statement, such to the approval of Circuit Meppen.

8.5 If credit is granted or taken in error, the client will owe interest on the invoice amount at 1% per month or part of a month, commencing on the due date of the invoice amount.

8.6 All costs which Circuit Meppen must incur to enforce its rights shall be payable by the client. These costs amount to at least 20% of the amount involved with a minimum of €100.

 

9. ENVIRONMENTAL AND SAFETY REGULATIONS

9.1 If the lessee, persons invited to the grounds by the lessee, persons affiliated with the lessee or any other persons work on cars on the grounds of Circuit Meppen, whereby liquids -whether in (a) pitbox(es), in the pit lane or in the paddock- are or can be leaked, a tarpaulin must be used compulsorily. This must prevent all possible contamination by oil, coolant, brake fluid, gasoline and/or all other possible harmful substances in liquid or solid form.

9.2 It is forbidden to light open fires or barbecue in or near the pit boxes.

9.3 Helmets are mandatory for all participants on the track at all times.

 

10. WASTE

10.1 Garbage must be deposited only in the designated garbage bins. It is forbidden to dispose of waste in any other way. Oil may only be deposited in the appropriate oil container, located in the paddock, next to the pit building. It is strictly forbidden to dump oil or waste oil in other places on the grounds of Circuit Meppen.

10.2 Any costs arising from non-compliance with the regulations in clause 10.1, may be recovered by Circuit Meppen from the lessee at any time. The costs for the disposal or remediation of special, toxic and/or environmentally hazardous substances, tires and batteries shall be borne by the lessee. In case of doubt whether waste should be classified as special waste, the opinion of Lessor shall be decisive.

 

11. NOISE PROTOCOL

11.1 If a vehicle produces more noise than the maximum permitted noise level determined by Lessor, the registrant of that vehicle will first receive a warning. If after this warning this vehicle again produces more noise than the maximum noise level determined by lessor, the vehicle will be excluded from further participation in the day. Lessor may therefore require the lessee to remove the vehicle from the pit lane or from the grounds of Circuit Meppen. If, in the opinion of the Lessor, a vehicle produces so much more noise than the maximum permitted noise level, the Lessor may, instead of an initial warning, immediately deny the vehicle further participation in the day. Even then, the Lessor may require the Lessee to immediately remove the vehicle from the pit lane or from the grounds of Circuit Meppen.

11.2 In the event that the situations mentioned in Clause 11.1 occur, the Lessor expressly reserves the right to interrupt the use of the circuit or the entire grounds of Circuit Meppen temporarily or permanently. The Lessee will in such a case always still owe the full rental price.

11.3 If the noise production is too high or threatens to be too high, the Lessor is at all times entitled to adjust the times of the event, or the number of vehicles that may use the circuit at the same time, at the Lessor's discretion.

11.4 Without prior written consent of the Lessor, the Lessee is not permitted to carry out or have carried out any activities with increased noise levels or around the grounds of Circuit Meppen.

11.5 If landlord is imposed civil, administrative and/or criminal fines, for exceeding the maximum permitted noise level and these exceedances can be traced back to the tenant's rental days, the landlord may hold the tenant liable and recover these fines from the tenant. Tenant's liability is not limited to any fines imposed on Landlord, but also applies to all other costs and loss of income that Landlord has suffered or will suffer as a result of the violation(s) of Tenant and/or its affiliates.

 

12. DISPUTES

12.1 A dispute exists as soon as a party declares that such is the case.

12.2 All agreements and transactions of Circuit Meppen shall be governed exclusively by Dutch law.

12.3 All disputes, however named, shall be subject to the judgment of the competent court of the Landgericht Osnabrück, to the exclusion of all other arbitral, advisory and judicial bodies.

 

13. FINAL PROVISIONS

13.1 General terms and conditions of the tenant only apply insofar as they are expressly referred to in the rental contract.

13.2 Before the commencement of the rental period, the Tenant shall notify the Landlord of the name, telephone number and email address of one or more persons, who will be responsible and/or point of contact on behalf of the Tenant in the event of irregularities on the grounds of Circuit Meppen, during, immediately before or immediately after the period that the Tenant is renting these grounds from the Landlord.

13.3 A version in Dutch, German and English of these General Terms and Conditions is available. In the event of any discrepancy between these versions, the text of the Dutch-language general terms and conditions shall be leading and applicable.

13.4 In all cases, for which these General Terms and Conditions do not provide, the decision rests exclusively with Circuit Meppen.