General and special terms of use

RECITALS
Bilster Berg Drive Resort GmbH & Co. KG (hereinafter referred to as KG or the SITE OWNER) is particularly committed to respecting safety, immissions and environmental concerns in the operation of its facilities and their use by its customers. The protection and preservation of the natural habitats around Bilster Berg is a guiding principle for us and we have established an environmental management system for sustainable environmental protection.

The general and special terms of use are mandatory for all companies and persons on the KG’s property, irrespective of whether they are in a contractual relationship with the KG (hereinafter referred to as users, renters or the renting party)

 

I.) INTRODUCTION:

 

  1. 1. The KG is obliged to comply with the requirements and conditions of the construction permit and operating license in accordance with the Federal Immission Control Act, taking local conditions into account. Violations can lead to the immediate revocation of the operating license and thus make any further use of the track impossible, or at the very least result in significant restrictions. Close cooperation between the RENTER, the users and the KG is required in order to prevent these consequences.
    2. Users and RENTERs are required to strictly adhere to these terms of use; the RENTER must ensure that they are complied with.
    3. The terms of use also apply to everyone in the renting party (this includes the renter’s employees, customers/users, course participants, companies and firms commissioned by the renter, the renter’s business partners, suppliers and other persons admitted or tolerated by him). The RENTER must ensure that everyone in the renting party is familiar with the terms of use and strictly complies with them.
    4. The terms of use are valid for all uses and stays anywhere on the Bilster Berg Drive Resort premises. Any arrangements in the rental agreement that deviate from the terms of use shall prevail. Without prejudice to the above, the KG is entitled at any time to make relevant changes and additions to the terms of use at its own discretion or to replace them with new ones.
    5. . Persons who violate the terms of use may be evicted from the premises without compensation and be banned from the site.

II.) General Conditions:

  1. Entrance anywhere on the Bilster Berg Drive Resort premises requires the consent of the KG. Violations with regard to access authorization are prosecuted and punished as trespassing pursuant to Sections 123 and 124 of the StGB.
  2. Only persons who are authorized by the KG to do so may remain anywhere on the KG’s premises. Even attempting to gain entrance surreptitiously is punishable pursuant to Section 265(a) of the StGB.
  3. The KG’s security services team is entitled to investigate persons, which may involve using technical aids, to determine whether they pose a security risk because of their alcohol or drug use or because they are carrying weapons or dangerous and/or flammable items. Such investigation also extends to any items they have brought.
  4. Persons who are unable to prove that they have access authorization and persons who pose a security risk will be removed from the premises and prevented from entering the site. No claim for compensation may be lodged.
  5. Instructions from the staff employed by the KG (such as protective measures in the workshop, etc.) are to be followed. This group has the authority to instruct all persons and exercise the site owner’s property rights against them. Disregarding these instructions can lead to the withdrawal of all entitlements and to being permanently banned from the premises.
  6. Users, RENTERs and the renting party have access only to the areas allotted to them.
  7. Children and adolescents under the age of 14 are only allowed access if accompanied by an adult. They must always be under constant adult supervision wherever they are on the premises.
  8. Access authorizations are not transferable. Forging access authorizations, as well as selling them, will result in criminal prosecution.
  9. For organizational reasons, the KG/SITE OWNER can change identification of the authorization at any time. This means that the authorization to access, park or remain in a defined area can be changed or restructured.
  10. Entering and driving on the Bilster Berg Drive Resort premises is at your own risk. The KG/SITE OWNER is not liable for personal injury and property damage caused by third parties.
  11. Within the SITE OWNER’s premises, everyone must behave in such a way that they do not injure, endanger or obstruct or disturb others any more than can be avoided under the given circumstances.
  12. All entrances, exits and escape routes are to be kept clear. Unauthorized persons are prohibited from entering the pit lane and all other security areas.
  13. Entering the track or restricted areas is prohibited in the event of an accident. Only the available support staff is responsible for providing assistance.
  14. The sale of food, snacks, beverages and consumer goods of all kinds, as well as the distribution of promotional materials such as flyers, giveaways or the display of products by private persons or unlicensed persons or companies anywhere on the Bilster Berg Drive Resort premises is only permitted with previous approval from the KG.
  15. All commercial activities anywhere on the Bilster Berg Drive Resort premises, such as the sale of merchandising items or the offer of services, require the consent of the KG.
  16. The power supply equipment may only be used with approval from the KG. Commissioning may only be carried out by qualified staff.
  17. Any damage to the KG’s equipment is to be reported to their staff immediately so that the damage can be documented. The party who caused the damage and the RENTER are liable for all damages. This applies in particular to damage to the pits, damage to property caused by the insertion of stakes or other means of anchoring, and any other damage to the asphalt surface (holes), cables, pipelines, electrical distributors, sanitary facilities, etc.
  18. German Road Traffic Regulations (StVO) apply everywhere on the Bilster Berg Drive Resort premises, except for the individual usage modules such as the track, dynamic area and off-road course. A maximum speed of 30 km/h must be maintained on service roads and in parking lots. Driving faster than at a walking pace is not allowed anywhere on the paddock.
  19. Parking is only allowed in designated areas anywhere on the Bilster Berg Drive Resort premises. Improperly parked vehicles will be towed at the vehicle owner’s expense, including compensation for damages. Parking is at your own risk. The KG/SITE OWNER assumes no liability. The KG/SITE OWNER similarly assumes no liability for damage/loss caused directly or indirectly during use (accidents, etc.).
  20. Placing or storing any materials or means of transport of any kind is not permitted in front of the staircases and escape routes marked with hatching in the paddock. There is a rescue or escape route on the driveway that runs directly behind or next to the pits; this route must always be kept clear. The tail lifts on trucks must be either completely down in the loading position or completely closed and they must not extend out into the escape routes.
  21. The following is forbidden on the premises:
    a.) carrying weapons of any kind.
    b.) bringing anything that could be used as a weapon or projectile, or throwing objects of any kind.
    c.) using aerosol spray cans, corrosive and coloring substances, firecrackers, flares and any other pyrotechnic items.
    d.) using mechanical or pneumatic noise-making devices.
    e.) carrying, holding, leaving or expressing any symbols, signs or slogans that could give the impression of racist, xenophobic, extremist attitudes or other insults or provoking acts.
    f.) not using the toilets to relieve oneself or contaminating the premises in any other way, especially by littering.
    g.) grilling and/or making an open fire.
    h.) using skateboards and similar means of transportation as well as using a uninsured means of transport which is required to be insured according to German regulations and their analogous application.
    i.) driving vehicles, or allowing them to be driven, by persons without an appropriate driving license according to the German Road Traffic Act (StVG).
    j.) putting labels, paint or glue on structures, equipment or paths.
    k.) bringing, setting up, or using any components for provisional structures and/or grandstands without the prior consent of the SITE OWNER.
    l.) bringing dogs and other pets.
  22. Damaging or climbing on or over the buildings and facilities intended for use, e.g. pit halls and pit walls, facades, fences, freestanding outdoor walls, site enclosures, barriers, lighting systems, camera platforms, trees, flagpoles of any kind and roof surfaces is not allowed.
  23. Entering areas and usage modules that are not permitted for the RENTER or user (e.g. the track, off-road course, dynamic area, pit halls, pit lane, paddock, tank area, other security and restricted areas) is prohibited.
  24. Entering into, and driving on, the Bilster Berg Drive Resort premises before the rental date because of, for example, an early evening arrival, is only permitted after consultation and with the written consent of the SITE OWNER.
  25. Use of the paddock area is permitted only as part of its use or with explicit approval from the SITE OWNER. An overnight stay outside of the contracted rentals is not allowed.
  26. Government regulations prohibit making any noise in the evening and at night (8:00 p.m. to 8:00 a.m.); this also applies to noise outside the operating hours agreed to in the contract. For this reason, operating vehicles that are not approved for road traffic or leaving engines idling in the aforementioned time periods is prohibited (engines must be stopped). Violations will entail criminal consequences.
  27. Absolutely no smoking is allowed in any of the buildings.
  28. For safety reasons, it is absolutely necessary to obtain approval from the KG, prior to commencement of the event, to use unmanned aerial vehicles (such as drones/microcopters), taking the legal requirements and regulations into account.

III.) Environmental protection:

  1. The KG has set itself the goal of constantly improving its environmental performance and contributing to environmental protection. It is committed to implementing active and sustainable environmental protection and also makes this a subject of the contract for the collaboration with the RENTER in accordance with its relevant principles and guidelines for environmental protection. Sustainable and effective environmental protection requires the participation of everyone involved. RENTERs and users must respect the current version of the KG’s environmental principles, guidelines and instructions; the RENTER must communicate this information to the entire renting party and make sure that they are complied with. Additional information can be found at bilster-berg.de.
  2. The RENTER is obliged to comply with all environmental regulations in connection with the contract and its implementation. These include, in particular, requirements for immissions, emissions, soil and water protection. The RENTER is also required to use resources such as electricity and water as sparingly as possible. The renter, the renting party and users must immediately notify the KG of any damage to the environment.
  3. Waste must be collected in the appropriate containers in accordance with KG’s waste separation system. Waste is separated as follows:
  • DSD recyclables (packaging with green dot)
  • Paper/cardboard
  • Residual waste
  • Used oil and oil-contaminated solids (oil filters, empty oil cans, etc.)
  • Introducing kitchen wastes, feces or other wastewater into the rainwater system is strictly prohibited. In the event of a violation, the SITE OWNER/KG reserves the right to impose a contractual penalty and, if applicable, file criminal charges.
  1. Extreme caution is required when handling flammable substances (fuel, oil, etc.) and refueling vehicles. Fire extinguishers are to be provided. Fuels may only be provided and stored in appropriate containers and in accordance with legal and regulatory requirements. Refueling is only permitted at the refueling station or in the refueling station area. Storing fuels in the pit halls is not permitted. Draining (changing) the motor oil and other environmentally hazardous operating fluids is only permitted in the washing and service hall (F39).
  2. For reasons of environmental protection, equipment that consumes energy (lighting, heating, technical equipment, etc.) should only be switched on for as long as necessary
  3. Washing vehicles is permitted only on and in the designated areas. Washing areas are located in the washing and service hall (F39) and in the service building on the off-road course.

IV.) Noise abatement and noise monitoring:

  1. The main operating hours for the entire site are weekdays (Monday – Saturday) from 8:00 a.m. to 8:00 p.m. and Sundays and public holidays from 9:00 a.m. to 1:00 p.m. and 3:00 p.m. to 8:00 p.m. On Sundays and public holidays, only operations that do not involve any emissions are permitted on the track module between 1:00 p.m. and 3:00 p.m.
  2. The KG/SITE OWNER reserves the right to impose further restrictions on operations, especially for noise abatement, even if the noise values are not exceeded.
  3. During use, the RENTER shall provide sufficient staff – with the appropriate capabilities – to ensure compliance with the noise protection regulations, in order to immediately dismiss vehicles from the track should they violate the regulations and to prohibit them from driving again. If the RENTER and renting party do not comply with the request to leave the track, each additional commenced round will be considered a violation and carry with it the corresponding contractual penalty in accordance with Section IV.4.
  4. The KG/SITE OWNER monitors noise emissions day and night using two permanent measuring systems. Failure to comply with the terms of use and the agreed scope of use on the part of the RENTER and renting party constitutes a breach of contract and may result in participants being immediately dismissed from the site, the immediate termination of use and a contractual penalty payable by the RENTER. The contractual penalty depends on the relevance and number of violations by the RENTER and the renting party:
  • 5,000 euros for the first violation
  • 10,000 euros for the second violation
  • 20,000 euros for the third violation
    Contractual penalties are particularly imminent in the case of violations of noise abatement regulations and other emission and immission protection regulations. The RENTER and renting party are at liberty to prove that the damage suffered by SITE OWNER is minor. The RENTER and renting party shall not be entitled to any compensation or other claims. The SITE OWNER also reserves the right to cancel any future usage sessions that are already booked.
  1. Should the failure to comply with the terms of use on the part of RENTER or renting party result in subsequent renters no longer being able to complete their usage sessions, the consequences arising from this fact shall be borne by the RENTER (e.g. claims for damages from subsequent renters). The settlement of such claims is the RENTER’s responsibility.
  2. Vehicles that are unreasonably noisy because they have been technically modified or they have defects must be immediately removed from the site by the RENTER and user. Noise pollution owing to unnecessary running of the engines, loudspeaker announcements, burnouts, donuts and the like are also prohibited outside the regular track rental time, and especially at night. Vehicles that are not registered in accordance with the German Road Traffic Licensing Regulations (StVZO) may not be operated outside the Bilster Berg Drive Resort premises (e.g. on the access roads).
  3. The KG/SITE OWNER is released from all claims that may result from a given usage being interrupted because it was misclassified by the RENTER or the user, such that this usage cannot be completed or it can only be partially completed.
  4. The KG uses what are called transponders to monitor the vehicles on the track module in order to be able to individually identify the vehicles by their noise emissions.
  5. Before the start of each use, the KG will supply the RENTER and the user sufficient transponders corresponding to the number of vehicles.
  6. After the use has ended, all of the transponders must be returned to the KG’s respective supervisor. A charge of 450 euros will apply to each lost or damaged transponder.
  7. The RENTER must ensure that each transponder can be assigned to a specific vehicle. At least 24 hours prior to driving the track, the SITE OWNER must be provided with a list (an Excel template is provided by the SITE OWNER) that describes the transponder numbers, the associated vehicle numbers and the vehicle manufacturers, types and colors as well as any of the vehicle’s specific features in order to ensure flawless and complete transponder identification.
  8. Driving on the test track is not permitted without a functioning transponder and a contractual penalty of 5,000 euros per vehicle will be imposed. This also applies to all of the RENTER’s vehicles involved in the operation, such as the safety car, intervention car or the like. All rescue, evacuation and Marshall vehicles are excluded.
  9. The transponder must be mounted in or on the vehicle in such a way as to guarantee a trouble-free connection to the receivers installed in the track. The RENTER is responsible for making sure they are properly mounted. The SITE OWNER/KG assumes no liability for damage of any kind caused by them not being properly mounted.
  10. Tampering with the transponder will result in the KG immediately dismissing the vehicle.
  11. The RENTER and user must ensure that each vehicle participating in the usage session is provided with a vehicle number in order to make vehicle identification easier. This number must be mounted in such a way that it can be recognized without any difficulty as the vehicle passes by the KG’s supervisory staff. Vehicles without a number will be immediately excluded from the usage session.
  12. In order to assess the expected noise emission and immission, the RENTER or user must truthfully complete, then sign and submit in due time, the document titled “Noise level sheet and timetable”.
  13. The KG will only be able to assess a planned usage session in terms of the noise classification after having received the completed “Noise level sheet and timetable”.
  14. Implementation of the usage session can be prohibited at any time if the noise level sheet shows that the RENTER’s or user’s usage session cannot be reconciled with the KG’s operating license.
  15. Any subsequent changes to the information provided in the “Noise level sheet and timetable” need to be reported to the KG in good time prior to the respective usage session, in particular with regard to sound class, number and type of vehicles, and their total driving time and noise emissions, so that the KG has enough time to make an assessment accordingly.

V.) Driving rules:

  1. Driving on the track and other usage modules is only permitted during the agreed periods of use and via the driveways provided for this purpose, after prior notification to the KG’s supervisory staff. Operations at night (10 p.m. to 6 a.m.) are not allowed on the track, off-road course and dynamic area. In order to prepare for use (set-up time), a maximum of 5 non-modified standard passenger cars may be moved simultaneously on the track (at a maximum of 50 km/h, “reasonably careful driving” with the hazard lights on); tire squeal should be avoided. Motorcycles are not allowed to operate.
  2. Passengers need to be at least 14 years old. Prior written consent and a liability waiver from the respective legal guardians is required for minors.
  3. The drivers themselves are responsible for their own vehicles’ technology and safety; however, the KG reserves the right to have vehicles undergo a safety check. Vehicles with technical and visible defects are not permitted to use the track and other modules. No claims for compensation can be made in this respect.
  4. Drivers may only drive so fast that they maintain constant control of their vehicles. They have to adapt their speed in particular to the conditions of the road, traffic, visibility and weather, as well as their own personal abilities and the characteristics of the vehicle in question.
  5. Entering onto the track, and exiting from it, is to be done exclusively via the pit lanes.
  6. Driving on the rescue and supply routes is prohibited.
  7. The track is a one-way street. It is driven counterclockwise.
  8. Only the roadway may be used.
  9. There is absolute no stopping on the entire track, including the shoulders.
  10. Turning and reversing is strictly prohibited.
  11. Motorcyclists and passengers must wear a complete set of protective clothing (leather suit, motorcycle boots, back protectors, full face helmet and gloves with protectors).
  12. All occupants seated in all seats must wear a safety belt. Wearing a hard protective helmet in accordance with applicable legal regulations is strongly recommended. Folding and sliding roofs and windows must be closed while driving.
  13. We strongly recommend constant use of rearview mirrors.
  14. Driving while losing operating fluids (coolant, oil, fuel) is prohibited. Any costs for cleaning the track will be borne by the party responsible.
  15. The area around the lanes contaminated by leaked operating fluids constitutes an absolute no-passing zone. Speeds must be reduced to a reasonable, cautious level, but not more than 50 km/h. Signals from both the Electronic Marshalling system and the track safety staff or track safety vehicle employed for this purpose must be strictly observed.
  16. If a vehicle remains stopped on the track, on the shoulder areas or on the off-road course because of an accident or a technical malfunction, the driver needs to secure the vehicle by turning the hazard lights on. The occupants of the vehicle need to pay absolute attention to the traffic behind them when leaving the vehicle and, if possible, they should move behind the second protection line (safety fence). Everyone’s physical security is given the highest priority. The driver must report the incident to the KG’s supervisory staff immediately.
  17. The area around accident sites constitutes an absolute no-passing zone. Speeds must be reduced to a reasonable, cautious level, but not more than 50 km/h. Signals from both the Electronic Marshalling system and from the track safety staff or track safety vehicle employed for this purpose must be strictly observed. Do not pass track safety vehicles when their warning light is switched on. Disregarding this leads to immediate dismissal and can be punished by being temporarily or permanently banned from the premises.
  18. A red light or flag signal is used to indicate track closures because of accidents, etc. The entire track constitutes a no-passing zone, speed is reduced to a maximum of 50 km/h and drivers must be prepared to stop at any moment. The track is to be exited at the pit exit.
  19. Vehicles that have been in an accident or suffered a technical malfunction must be removed from the track area by the towing vehicle authorized by the KG for this purpose, as directed by the track staff. The costs that arise from this will be charged to the RENTER or user. Other measures to tow or recover vehicles are strictly prohibited.

VI.) Liability and damages:

  1. The stay on the site and its use are at the individual’s own risk and Bilster Berg Drive Resort GmbH & Co. KG, Drive Resort Beteiligungs GmbH and its appointed representatives and their agencies as well as any other beneficiaries are excluded from any liability under the liability disclaimer.
  2. Renters and the renting party, as well as other persons, only have access to the usage modules and may only use them if they have previously signed and submitted the liability waiver and, where necessary, the waiver from vehicle owners who will not be driving their vehicles themselves. Likewise, the presence of minors is only permitted if their legal guardians have signed and submitted the waiver provided by the KG beforehand.
  3. Accidents and damage (including operating fluids leaked from the user’s vehicle) on or to the roadway, curbs, edge striping, shoulder areas, gravel beds, concrete walls, guardrails, tire stacks, protective fences, embankments, barriers or any other property of the KG must be reported immediately to the track staff. Violations will be prosecuted as a hit-and-run offense. Damage is recorded in a damage report, which is to be signed by the person who caused the damage. The costs for track closures and repairs as well as the use of track safety vehicles shall be borne by the person who necessitated them.

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