§ 1 Scope

1.1 These general terms and conditions apply to all business relationships between under8 GmbH and the customer. Customers within the meaning of these business relationships are both consumers and entrepreneurs.

1.2 These terms and conditions apply to:
a) the purchase of general items from the online shop
b) participation in driving experiences (see §14 ff)
c) participation in events involving and without related to driving experiences

1.3 Deviating conditions of the customer, which under8 GmbH does not expressly accept in writing, do not become part of the contract.

§ 2 Offers, orders, conclusion of contract and scope of services

2.1 The offers from under8 GmbH are subject to change. In addition, under8 GmbH is entitled to accept the customer's contract offer contained in the order within 3 working days of receipt.

2.2 Acceptance of the offer is declared by ordering via the online shop. This results in the conclusion of the contract. under8 GmbH will immediately confirm receipt of the order by email.

2.3 The scope of the contractual service is binding from the item description/the service description of the offer.

2.4 under8 GmbH is obliged to provide the services ordered by the customer and promised by under8 GmbH.

2.5 The customer is obliged to pay under8 GmbH's agreed prices for these services.

§ 3 Delivery

3.1 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the consumer when the goods are handed over to the transport company.

3.2 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur upon delivery, in the case of shipment purchase, upon delivery to the freight forwarder, carrier or other person or institution designated to carry out the shipment.

3.3 Delivery is equivalent if the customer is in default of acceptance.

3.4 In the event of unavailability of the service, the customer will be informed immediately. The consideration, if it has already been paid, will be refunded immediately. In the event of a delay in delivery caused by under8 GmbH, under8 GmbH's liability for damages is limited to foreseeable, typically occurring damage, unless the delay in delivery is based on an intentional breach of contract for which under8 GmbH is responsible.

§ 4 Retention of title

4.1 In the case of contracts with consumers, under8 GmbH reserves title to the delivered goods until the purchase price has been paid in full.

4.2 In the case of contracts with entrepreneurs, under8 GmbH reserves ownership of the goods until all claims arising from the ongoing business relationship have been settled in full.

4.3 The customer is obliged to immediately notify under8 GmbH of access to the reserved goods, for example in the event of seizure, as well as any damage or destruction of the goods.

4.4 The customer is entitled to resell the goods in the ordinary course of business. He hereby assigns to under8 GmbH all claims in the amount of the invoice amount that he accrues against a third party as a result of the resale. under8 GmbH accepts the assignment. Following the assignment, the entrepreneur is authorized to collect the claim. under8 GmbH reserves the right to collect the claim itself as soon as the entrepreneur does not properly meet his payment obligations or is in default of payment.

§ 5 Right of Withdrawal for Consumers

5.1 You can cancel your contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. letter, e-mail). The revocation must be sent to: under8 GmbH Gottlieb-Daimler-Straße 5 53520 Meuspath

5.2 The right of withdrawal does not apply when the goods are sent as a file electronically. In addition, the right of withdrawal does not apply to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer. There are special conditions for cancellation when booking driving experiences (§22) and when withdrawing from tourist offers and package holidays (see §22).

5.3 If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, properties and functioning of the goods.

§ 6 Withdrawal

6.1 If the advance payment is not made even after a reasonable period of grace by under8 GmbH has elapsed with a threat of rejection, under8 GmbH is entitled to withdraw from the contract.

6.2 In addition, under8 GmbH is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which under8 GmbH is not responsible make it impossible to fulfill the contract.

6.3 In addition, under8 GmbH reserves the right to withdraw from the contract if an item is ordered with misleading or false information of essential facts, e.g. the customer or purpose.

6.4 under8 GmbH must immediately inform the customer of the exercise of the right of withdrawal.

6.5 In the event of withdrawal, the customer is not entitled to compensation against under8 GmbH.

6.6 Should under8 GmbH withdraw from the contract due to a breach by the customer of these general terms and conditions, under8 GmbH is entitled to charge for the agreed services if resale is not possible.

6.7 The customer is expressly allowed to prove that no damage or a reduction in value has occurred at all or was significantly lower than the lump sum.

§ 7 Prices and Payment

7.1 Unless otherwise stated in the item description, the prices quoted include packaging costs and, insofar as the customer has his place of residence or business in the Federal Republic of Germany, including value added tax at the applicable value added tax rate. Depending on the item ordered, there may also be additional costs for processing and shipping.

7.2 Payments are due in full after delivery, unless a payment term has been agreed and specified by under8 GmbH.

7.3 Invoices from under8 GmbH without a due date are payable without deduction within 10 days of receipt of the invoice. In the event of late payment, under8 GmbH is entitled to charge consumers interest of 5% above the respective base interest rate. If the customer is not a consumer, under8 GmbH charges default interest of 8% above the respective base interest rate. The customer is expressly allowed to prove that less damage has occurred.

7.4 In addition, in the event of late payment and reasonable doubts as to the customer's solvency — without prejudice to its other rights — under8 GmbH is entitled to demand securities or advance payments for outstanding deliveries and to immediately make all claims arising from the business relationship due.

7.5 under8 GmbH is entitled to demand an appropriate advance payment at any time. The amount of the advance payment and the payment dates are set out in writing in the contract. This applies in particular to package holidays.

§ 8 Offsetting and withholding

The customer is only entitled to offsetting rights if his counterclaims have been legally established, undisputed or recognized by under8 GmbH. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 9 Warranty

If the customer is an entrepreneur, under8 GmbH will initially, at its option, provide warranty for defects in the goods by repairing the replacement delivery. In addition, the statutory warranty obligations apply.

§ 10 Data protection

Insofar as he has ordered electronically, the customer has been informed of the type, scope, location and purpose of the collection, processing and use of the personal data required to fulfill the orders as well as about his right to object to the use of his anonymized user profile for purposes of advertising, market research and to tailor the service. The customer expressly agrees to the collection, processing and use of personal data. He has the right to withdraw his consent at any time with effect for the future.

§ 11 Liability

11.1 Claims against under8 GmbH for damages, irrespective of the legal basis, are excluded, unless under8 GmbH or the legal representative or vicarious agent of under8 GmbH is accused of intent or gross negligence.

11.2 The exemption from liability in §11.1 does not apply if the claim for damages results from the breach of essential contractual obligations. If an essential contractual obligation was breached due to slight negligence, the obligation to pay compensation is limited to compensation for typical foreseeable damage.

11.3 Liability for damage resulting from injury to life, limb or health as well as liability under the Product Liability Act remain unaffected.

11.4 Insofar as the liability of under8 GmbH is excluded or limited, this also applies to the personal liability of employees, workers, representatives and vicarious agents of under8 GmbH.

§ 12 Vouchers

A voucher can only be used once and cannot be redeemed in cash. If the voucher is lost, under8 GmbH assumes no liability. The period of validity is accepted upon purchase and is binding. The voucher can be redeemed subject to Nordschleife opening hours and redemption is therefore limited to a maximum of 36 months. Due to the dependence on the opening hours of the Nürburgring, the limitation period is limited to 36 months. If the voucher is not redeemed within the period of validity, the customer will be reimbursed the purchase price minus lost profit by the company, provided that they assert their claim within the statutory limitation periods in legal form.

§ 13 Final Provisions

13.1 The law of the Federal Republic of Germany applies.

13.2 The place of payment is the registered office of under8 GmbH.

13.3 For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. If the customer is a merchant, legal entity under public law or a special fund under public law, the exclusive place of jurisdiction under this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany or does not know the place of residence or habitual residence at the time the action is brought.

13.4 Should individual provisions of the contract with the customer, including these terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective provision.

§ 14 Services and requirements for participation in driving experiences

14.1 The services provided by under8 GmbH include carrying out the driving experiences in accordance with the offer.

14.2 There is an age restriction from the age of 12 or a height of 1.40 m to participate in the driving experiences. Participants aged 2.00 m and weighing over 110 kg should contact under8 GmbH to clarify the possibility of participation in advance.

§ 15 Limitation of liability for participation in driving experiences

15.1 under8 GmbH is liable for its obligations under the contract. This liability is limited to performance deficiencies which, except in the area typical of the service, are attributable to intent or gross negligence on the part of under8 GmbH. This limitation does not apply to damage resulting from injury to life, limb or health based on an intentional or negligent breach of duty — including by a legal representative or vicarious agent of the affected group of persons.

15.2 In addition, the customer is obliged to inform under8 GmbH in good time of the possibility of extraordinary damage occurring.

15.3 External services provided by other companies expressly described in the offer as mediated on behalf of others are not subject to the liability of under8 GmbH. In the event of such mediation, liability for mediation errors is excluded, unless there is intent or gross negligence.

§ 16 Safety regulations when participating in driving experiences

16.1 During the entire driving experience, the agents from under8 GmbH are authorized to issue instructions to the participant.

16.2 under8 GmbH expressly points out that the participant must be extremely disciplined and must follow the organizer's instructions and instructions.

16.3 It is mandatory for all participants to wear safety belts.

16.4 Participants may only stay in the security area described by the organizer. There is an absolute ban on alcohol (0.0 per thousand) and drug prohibition throughout the event.

16.5 Following these rules is essential to ensure safety. In the event of violations of these rules, under8 GmbH is entitled, without further warning, to exclude participants from continuing to participate in the event. In these cases, the event prices will not be refunded.

16.6 The participant is liable for any personal, property and/or financial damage suffered by under8 GmbH as a result of the participant failing to comply with the above regulations.

16.7 The participant declares that he is not aware of his own health problems, including nervous and emotional disorders.

§ 17 Photo/video and onboard recordings

17.1 Photographs or video recordings made by the participant may be published by under8 GmbH. By signing the registration form/waiver, the participant declares their consent to this.

17.2 Commercial use of the onboard material by the customer of under8 GmbH is not permitted — with the exception of approval from Nürburgring 1927 GmbH & Co. KG.

§ 18 Cancellation, change or cancellation of a driving experience

18.1 under8 GmbH reserves the right to postpone or completely cancel the trip in advance for important reasons. In such cases, the participation fee will be refunded, unless the participant makes an alternative appointment.

18.2 For important reasons, under8 GmbH can change the program at short notice (e.g. due to weather conditions, due to vehicles, etc.). In such a case, the registrant/participant is not entitled to a refund of the participation fee.

18.3 If driving experiences that have already begun must be canceled for good cause, the participation fee will be refunded on a pro rata basis. Further claims by the applicant/participant and third parties are excluded.

Section 19 Registration for driving experiences by third parties

Insofar as registration is not made by the participant himself, the client is responsible for ensuring that the participant is fully informed of these conditions of participation. Any breaches of duty by the participant that result in his exclusion from further participation must be attributed to the client.

§ 20 Payment terms when booking driving experiences

20.1 For individual registrations, payment of 100% of the booking fee is due immediately. In the case of vouchers, the booking fee must be paid in full upon receipt of the voucher by direct debit, credit card or advance transfer. Vouchers only entitle the holder to participate if the booking fee has been paid in full and on time by the applicant. Vouchers are valid for three years under the conditions applicable on the date of issue. Vouchers can then be redeemed for another year against additional payment of the difference to the current participation price when issued. It is not possible to pay out vouchers in cash. The sale of vouchers with an additional price is prohibited.

20.2 After setting a reasonable period of time, under8 GmbH is entitled to finally refuse performance and to claim compensation for non-performance from the applicant/participant if he is in default of payment.

Section 21 Cancellation and rebooking of driving experiences

21.1 The cancellation fees amount to: 50% of the order amount in the event of cancellation after the order has been placed and when vouchers are returned. 75% of the order amount for cancellations from 20 days before the date of the event. 100% of the order amount for cancellations from 48 hours before the date of the event or in the event of a no-show

21.2 The cancellation must be made in writing in order to be effective.

21.3 The deadlines mentioned above relate to receipt of the cancellation notification by under8 GmbH.

21.4 Instead of canceling, the participant can transfer his participant authorization to a suitable substitute participant. It is only possible to rebook an appointment by canceling the participation contract with subsequent registration.

Section 22 Handling of complaints and cut-off periods for claims and statute of limitations for tourist offers and package holidays

22.1 If agreed and provided services are not used by the contractual partner, a reduction or refund of the total fee is not possible.

22.2 Claims due to non-contractual provision of the service must be made by the customer against under8 GmbH within one month of the start of the package holiday.

22.3 Tort claims must be made against under8 GmbH within 6 months of the contractually agreed termination of the service. It is recommended that claims be reported in writing. After the deadline, claims can only be made if the customer was prevented from complying through no fault of his own.

22.4 The customer and under8 GmbH agree on a limitation period of one year for the customer's contractual claims.

22.5 Tort claims expire after three years. The limitation period begins on the day on which the package holiday should end under the contract. If the customer has made such claims, the limitation period is suspended until the day on which under8 GmbH or its liability insurer rejects the claims. The limitation period comes at the earliest three months after the end of the suspension.