General and Special Terms of Use

PREAMBLE

Bilster Berg Drive Resort GmbH & Co. KG (hereinafter referred to as KG or LESSOR) is particularly committed to compliance with safety, emission and environmental concerns in the operation of its facility and its use by its customers. It has made the protection and preservation of the natural habitats around Bilster Berg a matter of principle and has established an environmental management system for sustainable environmental protection.

The general and special terms of use are binding for all companies and persons who are on the premises of the KG, regardless of whether they have a contractual relationship with the KG (hereinafter referred to as users, tenants or tenants)

I.) INTRODUCTION:

1. The KG is obliged to comply with the requirements and conditions of the construction and operating licence in accordance with the Federal Immission Control Act, taking into account the local conditions. Non-compliance can lead to the immediate cancellation of the operating permit and thus make any further use of the track impossible, or at least cause considerable restrictions. In order to avoid such consequences, close co-operation between the RENTER, the users and the KG is required.
2. Users and RENTERs are obliged to strictly comply with these terms of use; the RENTER must ensure compliance with them.
3. The terms of use also apply to the LESSEE’s employees, customers/users, course participants, companies and enterprises commissioned by him, his business partners, suppliers and other persons authorised or tolerated by him. The RENTER must ensure that these persons are aware of the Terms of Use and also strictly comply with them.
4. The terms and conditions of use apply to all uses and stays on the entire premises of the Bilster Berg Drive Resort. Any deviating provisions in the rental agreement shall take precedence. Notwithstanding this, the KG is entitled to make appropriate changes and additions to the Terms of Use at any time at its own discretion or to replace them with new ones.
5. Persons who violate the provisions of the terms of use may be expelled from the premises without compensation and banned from the premises.

II.) GENERAL CONDITIONS:

1. Access to the entire premises of the Bilster Berg Drive Resort requires the consent of the KG. Violations of the access authorisation will be prosecuted and punished as a breach of the peace in accordance with § 123 – 124 StGB.
2. Only persons authorised by the KG may be on the entire premises of the KG. Even the attempt to gain access is punishable under § 265 a StGB.
3. The KG’s control and security service is authorised to examine persons, including by using technical aids, to determine whether they pose a safety risk due to alcohol or drug consumption, due to instructions from the authorities (e.g. pandemic) or because they are carrying weapons or dangerous and/or flammable objects. The check also extends to any items brought onto the premises.
4. Persons who cannot prove their access authorisation and persons who pose a security risk will be turned back and prevented from entering the premises. There is no entitlement to compensation.
5. Instructions of the personnel employed by KG (e.g. plant security etc.) must be followed. This group of persons is authorised to issue instructions and exercises domiciliary rights over all persons. Failure to comply with instructions may result in the withdrawal of all authorisations and a ban from the premises.
6. Users, RENTERS and tenants only have access to the areas assigned to them.
7. Children and young people under the age of 14 may only enter the premises if accompanied by an adult. They must always be under the constant supervision of an adult on the entire premises.
8. Access authorisations are not transferable. The falsification of access authorisations and their sale will be prosecuted.
9. For organisational reasons, KG/VERMIETER may change the legitimation authorisation at any time. This means that the access, parking or residence authorisation for a specified area can be changed or restructured.
10. Entering and driving on the premises of the Bilster Berg Drive Resort is at your own risk. KG/LESSOR shall not be liable for personal injury or damage to property caused by third parties.
11. Within the LESSOR’s premises, everyone must behave in such a way that they do not injure, endanger or hinder or inconvenience others more than is unavoidable under the circumstances.
12. All entrances, exits and escape routes must be kept clear. Unauthorised persons are prohibited from entering the pit lane and all other safety areas.
13. It is forbidden to enter the track or restricted areas in the event of an accident. Assistance may only be provided by the emergency personnel provided.
14. The entire track is under permanent video surveillance.
15. The distribution and sale of consumer goods of any kind and the distribution of advertising materials such as flyers, giveaways or the display of products by private individuals or non-licensed persons or companies is only permitted on the entire premises of the Bilster Berg Drive Resort with the prior consent of the KG.
16. Catering rights: The right to cater for and supply all customers and guests at BILSTER BERG with food and drink lies with the tenant of BILSTER BERG Gastronomie. This right applies in full and on the entire premises. The serving or sale of food and beverages by customers or guests requires the prior consent of the tenant. Violations may be penalised by the tenant.
17. All commercial activities on the entire premises of the Bilster Berg Drive Resort, such as the sale of merchandising articles or the offering of services, require the consent of the KG.
18. The power supply facilities may only be used with the consent of the KG. Commissioning may only be carried out by specialised personnel.
19. All damage to KG equipment must be reported immediately to KG personnel for documentation purposes. The perpetrator and the LESSEE shall be liable for all damage. This applies in particular to damage to the pit facility, damage to property caused by the insertion of pegs or other anchoring devices and for any other damage, e.g. in the asphalt surface (holes), to cables, pipes, electrical distributors, sanitary facilities.
20. The German Road Traffic Regulations (StVO) apply throughout the entire Bilster Berg Drive Resort site, with the exception of the individual utilisation modules such as the track, dynamic area and off-road course. The maximum speed limit of 30 km/h must be observed on the service roads and car parks. The entire paddock may only be driven on at walking pace.

21. Parking on the entire premises of the Bilster Berg Drive Resort is only permitted in the designated areas. Vehicles parked incorrectly will be towed away at the owner’s expense and subject to compensation. Parking is at your own risk. KG/VERMIETER accepts no liability. KG/VERMIETER is also not liable for damage/losses caused directly or indirectly by the use of the car park (accidents etc.).
22. The parking or storage of material and means of transport of any kind in front of the stairways and the hatched escape routes in the paddock is not permitted. A rescue or escape route must be kept clear at all times on the carriageway running directly behind or next to the pits. The tail lifts of the lorries must either be completely lowered or completely closed and must not protrude into the escape routes.
23. It is prohibited on the company premises
    1. To carry weapons of any kind.
    2. Bringing in or throwing objects of any kind that can be used as weapons or projectiles.
    3. to use gas spray cans of corrosive and colouring substances, fireworks, flares and other pyrotechnic objects.
    4. to use mechanical or pneumatic noise instruments.
    5. to carry, keep, leave or utter symbols, signs or slogans that could create the impression of a racist, xenophobic, extremist attitude or other insults or provocative behaviour.
    6. to defecate outside the toilets or to litter the grounds in any other way, in particular by throwing things away.
    7. to barbecue and/or make open fires.
    8. to drive or allow to be driven motorised vehicles outside the driving modules without a corresponding driving licence in accordance with the StVG.
    9. to label, paint or apply stickers to structures, facilities or paths.
    10. to bring, erect and/or use components for temporary structures and/or grandstands without the prior consent of the LESSOR.
    11. to allow dogs and other pets to run around without a lead. These are prohibited in all safety-relevant areas.
24. It is not permitted to damage, climb or climb over the buildings and facilities intended for use, e.g. pit halls and pit walls, facades, fences, walls, enclosures of the grounds, barriers, lighting systems, camera platforms, trees, masts of all kinds and roof surfaces.
25. It is prohibited to enter areas and utilisation modules that are not authorised for the RENTER or user (e.g. track, off-road course, dynamic area, pit halls, pit lane, paddock, fuelling area, other safety and restricted areas).
26. Entering and driving on the premises of the Bilster Berg Drive Resort before the rented date, e.g. due to an arrival the evening before, is only permitted after consultation and with the written permission of the LESSOR.
27. The use of the paddock area is only permitted within the scope of use or with the express authorisation of the LESSOR. Overnight stays outside of contractually agreed rentals are not permitted.
28. In accordance with official regulations, it is prohibited to make noise in the evening and at night (8 p.m. to 8 a.m.); the same applies to noise outside the contractually agreed operating hours. For this reason, it is prohibited to operate vehicles without a road traffic licence or to leave engines running during the aforementioned times (engine rest). Offences will result in criminal prosecution.
29. Smoking is strictly prohibited in all buildings.
30. For safety reasons, the use of unmanned aerial vehicles (e.g. drones/microcopters) must always be authorised by the KG before the start of the event, taking into account the legal requirements and regulations.
31. Burnouts and other driving manoeuvres that leave optical traces on the entire premises, including the track, are prohibited.
32. The KG reserves the right to distribute any kind of image, video and/or sound material created on the premises of Bils-ter Berg Drive Resort GmbH & KG for any purpose, in particular for advertising purposes, without the consent of the persons shown. The image usage rights are unlimited in terms of time, space and media and can be transferred to third parties.

III.) ENVIRONMENTAL PROTECTION:

1. The KG has set itself the goal of constantly improving its environmental performance and making a contribution to environmental protection. It is committed to active and sustainable environmental protection and, in accordance with its corresponding principles and guidelines for environmental protection, also makes this the subject of the contract for cooperation with the LESSEE. Sustainable and effective environmental protection requires the co-operation of all parties involved. The LESSEE and users must observe the environmental principles, guidelines and instructions of KG in their current version; the LESSOR must communicate these to its tenants and ensure that they comply with them. Further information can be found at www.bilster-berg.de.
2. The LESSEE is obliged to comply with all environmentally relevant legal regulations in connection with the contract and its execution. This includes, in particular, regulations on immission, emission, soil and water protection. Furthermore, the LESSEE is required to use resources such as electricity and water as sparingly as possible. Environmental damage must be reported immediately to KG by the TENANT, the TENANT’s occupants and users.
3. Waste must be collected in the containers provided for this purpose in accordance with KG’s waste separation system. Waste shall be separated into:
   • DSD recyclables (packaging with the green dot)
   • Paper/cardboard
   • Residual waste
   • Waste oil and oil-contaminated solids (oil filters, empty oil cans, etc.)
   • The discharge of kitchen waste, faeces or other waste water into the rainwater system is strictly prohibited. In the event of non-compliance, the LESSOR/KG reserves the right to impose a contractual penalty and, if necessary, to file a complaint.
4. increased caution is required when handling flammable substances (fuel, oil, etc.) and when refuelling vehicles. Fire extinguishers must be provided. Fuels may only be provided and stored in proper containers and in accordance with legal and official regulations. Refuelling is only permitted at the petrol station or in the petrol station area. The storage of fuels in the pit lanes is not permitted. The draining (changing) of engine oil and other environmentally hazardous fuels is only permitted in the wash and service hall (F39).
5. For environmental reasons, energy consumers (lights, heating, technical equipment, etc.) may only be switched on as far and as long as necessary.
6. vehicles may only be washed in the designated areas. Washing areas are located in the wash and service hall (F 39) and in the operations building on the off-road course.

IV.) NOISE PROTECTION AND NOISE MONITORING:

1. The core operating time of the entire system is on working days (Monday – Saturday) from 08:00 to 20:00 and on Sundays and public holidays from 09:00 to 13:00 and from 15:00 to 20:00. On Sundays and public holidays, only emission-relevant operations are possible on the track module from 13:00 to 15:00.
2. KG/LESSOR reserves the right to impose further restrictions on operations, in particular for noise protection, even if the noise values are complied with.
3. During use, the LESSOR shall provide sufficient personnel – equipped with the appropriate expertise – to comply with the noise protection regulations in order to immediately expel any vehicles that violate the regulations from the route and prohibit them from driving on it again. Should the LESSEE and the LESSEE’s personnel fail to comply with the request to leave the track, each additional lap or part thereof shall be deemed an offence with the corresponding contractual penalty in accordance with Section IV.4.
4. KG/LESSOR shall monitor noise emissions day and night by means of two permanent measuring systems. Non-compliance with the terms of use and the agreed scope of use on the part of the LESSEE and its lessees shall constitute a breach of contract and may result in the immediate exclusion of participants, the immediate termination of use and a contractual penalty to be paid by the LESSEE. The contractual penalty depends on the severity and number of violations by the RENTER and its tenants:
   • For the first offence 5,000 euros plus VAT.
   • For the second offence 10,000 euros plus VAT.
   • 20,000 plus VAT for the third offence.
5. Contractual penalties may be imposed in particular for any violation of noise protection regulations and other emission and immissions protection regulations. The LESSEE and the lessee persons are at liberty to prove that the LESSOR has suffered less damage. The LESSEE and its tenants are not entitled to any compensation or other claims. The LESSOR also reserves the right to cancel any subsequent use that has already been booked.
6. Should non-compliance with the terms of use by the LESSEE or the LESSEE’s tenants result in subsequent tenants (subsequent tenants) no longer being able to use the premises, the resulting consequences shall be borne by the LESSEE (e.g. claims for damages). The LESSEE shall be responsible for settling claims.
7. Vehicles that are disproportionately loud due to technical modifications or defects must be removed from the system immediately by the RENTER and user. Outside of the regular track hire period, it is therefore forbidden, for example, to leave engines running unnecessarily, make loudspeaker announcements, burnouts, donuts or similar, especially during the night. Motor vehicles not authorised in accordance with the StVZO may not be driven outside the Bilster Berg Drive Resort premises (e.g. on the access roads).
8. KG/LESSOR shall be indemnified against all claims that may arise from the fact that incorrectly categorised uses are interrupted by the LESSEE or user and therefore cannot be carried out or can only be carried out in part.
9. the KG uses so-called transponders to monitor the vehicles on the track module in order to be able to identify the vehicles individually in terms of sound technology.
10. before the start of each use, the LESSEE and user shall be provided with sufficient transponders by the KG in accordance with the number of vehicles.
11. At the end of use, all transponders must be collected and returned to the respective KG supervisor. A fee of EUR 435.00 plus VAT will be charged for each lost or damaged transponder.
12. The RENTER must ensure that each transponder can be assigned to a specific vehicle. At least 24 hours before arrival, the LESSOR must be provided with a list (Excel template provided by the LESSOR) containing the transponder number, the corresponding vehicle number as well as the vehicle manufacturer, type and colour and any special features of the vehicle in order to ensure perfect, complete transponder identification. Vehicles with high-voltage drive (fully electric and hybrid) must also be labelled with “high-voltage”. In addition, the organiser must be able to provide a rescue card for each of these high-voltage vehicles if necessary.
13. driving on the test track without a functioning transponder is not permitted and will be penalised with a contractual penalty of EUR 5,000 plus VAT per vehicle. This also applies to all vehicles involved in the operation by the RENTER, e.g. exhibition stand construction, camera vehicles or similar. Excluded are all rescue, evacuation and marshal vehicles of the LESSOR.
14. The transponder must be installed in or on the vehicle in such a way that an interference-free connection to the receivers installed in the track can be guaranteed. The RENTER is responsible for ensuring proper installation. The LESSOR/KG accepts no liability for damage of any kind caused by incorrect installation. Tampering with the transponder will result in the immediate exclusion of the vehicle by KG.
15. In order to facilitate vehicle identification, the RENTER and user must ensure that each vehicle participating in the use is provided with a vehicle number. This number must be affixed in such a way that it can be easily recognised by the responsible KG personnel when passing by. Vehicles without a number will be excluded from use immediately.
16. In order to assess the expected noise emission and immission, the document “Noise survey form and time schedule” must be truthfully completed and signed by the LESSEE or user and submitted in good time in advance.
17. Only the completed “Sound survey form and schedule” enables the KG to assess a planned use with regard to its sound classification.
18. If the noise survey form shows that the use of the LESSEE or user cannot be brought into line with the KG’s operating licence, the KG may prohibit the use at any time.
19. Subsequent changes to the information in the “Noise survey sheet and schedule”, in particular with regard to noise class, number and type of vehicles as well as their total travelling time and noise development, must be notified in good time before the respective use.
20. Should it be necessary to remove individual vehicles or even to interrupt and/or abort driving operations due to excessive noise emissions, the Electronic Marshal System as well as the track safety personnel or track safety vehicle deployed will signal this; it must be observed and followed without fail. Overtaking is then absolutely prohibited. The speed must be reduced to a maximum of 50 km/h. Track safety vehicles with their warning lights switched on must not be overtaken. Failure to comply will result in immediate exclusion and may be penalised with a temporary or permanent ban from the premises.

V.) DRIVING REGULATIONS:

1. Driving on the track and other utilisation modules is only permitted during the agreed times of use and via the entrances provided for this purpose after prior registration with the KG supervisory staff. Night-time operation (10 p.m. to 6 a.m.) on the track, off-road course and dynamic area is only possible under appropriate conditions. In preparation for use (set-up time), a maximum of 5 unmodified production cars may be driven on the track at the same time (max. 50 km/h, “reasonably cautious driving” with hazard warning lights switched on); tyre squeal must be avoided. The operation of motorbikes is not permitted.
2. Driving on the driving modules is only possible with a corresponding driving licence.
3. Motorbikes: After reaching the age of 18 with the appropriate driving licence in accordance with the StVG or with a valid DMSB licence for the corresponding vehicle.
4. Cars: After the age of 16 with a corresponding driving licence in accordance with the StVG or with a valid DMSB licence for the corresponding vehicle.
5. Co-drivers must have reached the age of 14. In the case of minors, a prior written declaration of consent and exclusion of liability from the legal representatives is required.
6. The drivers themselves are responsible for the technology and safety of their vehicles; however, the KG reserves the right to subject vehicles to a safety check. Vehicles with technical and optical defects are not authorised to use the track and other modules. Claims for compensation cannot be derived from this.
7. The driver may only drive at a speed at which he is in constant control of his vehicle. He must adapt his speed in particular to the road, traffic, visibility and weather conditions as well as his personal abilities and the characteristics of the vehicle.
8. Entry to and exit from the track must be via the pit lanes only.
9. Driving on the rescue and supply routes is prohibited.
10. The track is a one-way street. Driving is anti-clockwise.
11. Only the carriageway may be used.
12. Stopping is prohibited on the entire route, including the hard shoulder.
13. Turning and reversing is strictly prohibited.
14. Motorcyclists and passengers must wear full protective clothing (leather suit, motorbike boots, back protectors, full-face helmet and gloves with protectors).
15. Car occupants must wear seat belts on all seats; max. 2 persons per vehicle. The wearing of fixed safety helmets in accordance with current legal regulations is expressly recommended. Folding and sliding roofs and windows must be closed during the journey.
16. Track closures due to an accident etc. are indicated by a red light or flag signal. Overtaking is prohibited on the entire track, the speed must be reduced to a maximum of 50 km/h and the driver must be ready to stop at any time. The track must be left at the pit exit.
17. Vehicles involved in accidents or with technical defects must be removed from the track area by the towing service authorised by the KG in accordance with the instructions of the track personnel. The resulting costs shall be borne by the RENTER or user. Any other towing or recovery measures are strictly prohibited.

VI.) LIABILITY AND DAMAGES

1. The stay on the facility and its use are at your own risk and to the exclusion of the liability of Bilster Berg Drive Resort GmbH & Co. KG, Drive Resort Beteiligungs GmbH and the persons provided by them as well as their bodies and other beneficiaries in accordance with the exclusion of liability.
2. Tenants and tenant persons, as well as other persons, only have access to the utilisation modules and may only (co-)use them if they have previously signed the disclaimer and, if applicable, presented the declaration of the non-driving vehicle owner. Similarly, the presence of minors is only permitted if their legal representatives have previously signed the declaration provided by the KG and this has been submitted.

Accidents and damage (including equipment lost by the user vehicle) on or to the carriageway, kerbs, verges, side surfaces, gravel beds, concrete walls, crash barriers, tyre stacks, safety fences, embankments, barriers or other KG facilities must be reported immediately to the track personnel. Violations will be reported as hit-and-run offences. Damage will be recorded in a damage report, which must 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 party responsible and will be charged to the renter.

Version as per Novemver 14th 2023

 This text is a translation of the German version. In case of discrepancies in application and interpretation, the German version shall prevail!