general terms and conditions

§ 1 Scope of application

1.1 These General Terms and Conditions apply to all business relationships between under8 GmbH
and its customers. Customers within the meaning of these business relations are both consumers and

1.2 These terms and conditions apply to

a) the purchase of general items from the online store

b) participation in driving experiences (see § 14 ff)

c) participation in events with and without the purchase of driving experiences

1.3 Any deviating terms and conditions of the customer that are not expressly recognized in writing
by under8 GmbH shall not become part of the contract.

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

2.1 The offers of under8 GmbH are non-binding. Furthermore, under8 GmbH is entitled to accept the
customer’s contractual offer contained in the order within 3 working days of receipt.

2.2 Acceptance of the offer is declared by placing the order via the online store. This concludes the
contract. under8 GmbH will immediately confirm receipt of the order by email.

2.3 The scope of the contractual service is bindingly defined in the item description/service
description of the offer.

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

2.5 The customer is obliged to pay the agreed prices of under8 GmbH for these services.

§ 3 Delivery

3.1 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold
shall pass to the consumer when the goods are handed over to the transport company, even in the
case of sale by delivery to a place other than the place of performance.

3.2 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods
shall pass to the entrepreneur upon handover, in the case of sale by delivery to a place other than the
place of performance, upon delivery to the forwarding agent, carrier or other person or institution
designated to carry out the shipment.

3.3 If the customer is in default of acceptance, this shall be deemed equivalent to handover.

3.4 In the event of non-availability of the service, the customer shall be informed immediately. The
consideration will be refunded immediately if it has already been provided. In the event of a delay in
delivery caused by under8 GmbH, under8 GmbH’s liability for damages is limited to the foreseeable,
typically occurring damage, unless the delay in delivery is due to 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 retains ownership of the delivered goods
until the purchase price has been paid in full.

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

4.3 The customer is obliged to inform under8 GmbH immediately of any access to the reserved
goods, for example in the event of seizure, as well as any damage to 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 accrue to him against a third
party as a result of the resale. under8 GmbH accepts the assignment. After 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

§ 5 Right of withdrawal for consumers

5.1 You can cancel your contractual declaration within 14 days without giving reasons. The
withdrawal period is 14 days from the day on which you or a third party named by you, who is not
the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us by
means of a clear statement (e.g. letter, e-mail) of your decision to withdraw from this contract.

The revocation is to be sent to:

under8 GmbH
Gottlieb-Daimler-Strasse 5
53520 Meuspath

5.2 The right of revocation does not apply if the goods are sent electronically as a file. 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. Special conditions apply to the
withdrawal when booking driving experiences (§22) and when withdrawing from tourist offers and
package tours (see §22).

5.3 If you withdraw from this contract, we shall reimburse to you all payments received from you,
including the costs of delivery (with the exception of the supplementary costs resulting from your
choice of a type of delivery other than the least expensive type of standard delivery offered by us),
without undue delay and in any event not later than 14 days from the day on which we are informed
about your decision to withdraw from this contract. For this repayment, we will use the same means
of payment that you used for the original transaction, unless expressly agreed otherwise with you;
under no circumstances will you be charged any fees 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 the 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 inform us of the revocation of this
contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall 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 of the goods that is not necessary for checking their
condition, properties and functionality.

§ 6 Withdrawal

6.1 If the advance payment is not made even after a reasonable grace period set by under8 GmbH
with a warning of refusal has expired, under8 GmbH is entitled to withdraw from the contract.

6.2 Furthermore, 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 Furthermore, under8 GmbH reserves the right to withdraw from the contract if an item is ordered
with misleading or false information about material facts, e.g. the customer or purpose.

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

6.5 In the event of withdrawal, the customer has no claim for damages against under8 GmbH.

6.6 If under8 GmbH withdraws from the contract due to a breach of these General Terms and
Conditions by the customer, under8 GmbH is entitled to invoice the agreed services if resale is not

6.7 The customer is expressly permitted to prove that no damage or a reduction in value has occurred
at all or that it is 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, if
the customer’s place of residence or business is in the Federal Republic of Germany, include VAT at
the applicable rate. Furthermore, depending on the item ordered, additional costs for processing and
shipping may be added.

7.2 Payments are due after delivery without deduction, 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 at a rate of 5% above the respective base interest rate. If the customer is not a consumer,
under8 GmbH will charge interest on arrears at a rate of 8% above the respective base interest rate.
The customer is expressly permitted to prove that a lower loss has been incurred.

7.4 Furthermore, in the event of default in payment and justified doubts about the customer’s
solvency, under8 GmbH is authorized – without prejudice to its other rights – to demand securities or
advance payments for outstanding deliveries and to make all claims arising from the business
relationship due immediately.

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 specified in writing in the contract. This applies in
particular to package tours.

§ 8 Offsetting and retention

The customer is only entitled to set-off rights if its counterclaims have been legally established, are
undisputed or have been recognized by under8 GmbH. The customer is only authorized to exercise a
right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 9 Warranty

If the customer is an entrepreneur, under8 GmbH shall initially provide a warranty for defects in the
goods at its discretion by repairing or replacing the goods. Otherwise, the statutory warranty
obligations apply.

§ 10 Data protection

If the customer has ordered electronically, he has been informed about the type, scope, location and
purpose of the collection, processing and use of the personal data required for the execution of the
orders as well as about his right to object to the use of his anonymized user profile for the purposes
of advertising, market research and the needs-based design of the service. The customer expressly
consents to the collection, processing and use of personal data. They have the right to revoke their
consent at any time with effect for the future.

§ 11 Liability

11.1 Claims against under8 GmbH for damages, regardless of the legal grounds, are excluded unless
under8 GmbH or the legal representative or vicarious agent of under8 GmbH can be 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 a
breach of material contractual obligations. If a material contractual obligation has been breached due
to slight negligence, the obligation to pay compensation is limited to compensation for typical
foreseeable damages.

11.3 Liability for damages resulting from injury to life, limb or health and 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, staff, representatives and vicarious agents of under8 GmbH.

§ 12 Vouchers

A voucher can only be used once and cannot be redeemed in cash. Under8 GmbH accepts no liability
if the voucher is lost. The period of validity is accepted at the time of purchase and is binding. The
voucher can be redeemed subject to the opening hours of the Nordschleife and can therefore only be
redeemed for 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
validity period, customers will be reimbursed the purchase price less the loss of profit by the
company, provided they assert their claim within the statutory limitation periods in accordance with
the law.

§ 13 Final provisions

13.1 The law of the Federal Republic of Germany shall apply.

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

13.3 In the case of consumers who do not conclude the contract for professional or commercial
purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by
mandatory provisions of the law of the country in which the consumer has his habitual residence. If
the customer is a merchant, a legal entity under public law or a special fund under public law, the
exclusive place of jurisdiction arising from this contract shall be our registered office. The same shall
apply if the customer does not have a general place of jurisdiction in Germany or if his place of
residence or habitual abode is unknown at the time the action is filed.

13.4 Should individual provisions of the contract with the customer, including these GTC, 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 invalid provision.

§ 14 Services and requirements for participation in driving experiences

14.1 The services of under8 GmbH include the execution of the driving experiences as per the offer.

14.2 Participation in the driving experiences is subject to an age restriction from the age of 12 or a
height of 1.40 meters. Participants taller than 2.00 m and weighing more than 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
deficiencies in performance that are attributable to intent or gross negligence on the part of under8
GmbH, except in the area of typical performance. This limitation does not apply to damages resulting
from injury to life, limb or health that are based on an intentional or negligent breach of duty –
including that of a legal representative or vicarious agent of the liable party.

15.2 In all other respects, the customer is obliged to inform under8 GmbH in good time of the
possibility of the occurrence of extraordinary damage.

15.3 Third-party services of other companies expressly described in the offer as arranged on behalf of
third parties are not subject to the liability of under8 GmbH. In the case of such mediation, liability
for mediation errors is excluded, unless there is intent or gross negligence.

§ 16 Safety regulations for participation in driving experiences

16.1 For the duration of the entire driving experience, the representatives of under8 GmbH are
authorized to issue instructions to the participant.

16.2 under8 GmbH expressly points out that the participant must behave in an extremely disciplined
manner and follow the instructions and instructions of the organizer.

16.3 The use of safety belts is mandatory for all participants.

16.4 Participants may only stay in the safety area described by the organizer. There is an absolute ban
on alcohol (0.0 per mille) and drugs during the entire event.

16.5 Compliance with these rules is essential to ensure safety. In the event of violations of these
rules, under8 GmbH is entitled to exclude participants from further participation in the event without
further warning. The event fee will not be refunded in such cases.

16.6 The participant is liable for any personal injury, property damage and/or financial loss incurred
by under8 GmbH as a result of the participant not observing the above regulations.

16.7 The participant declares that he/she is not aware of any health complaints, including nervous or
mental disorders.

§ 17 Photo/video and onboard recordings

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

17.2 The commercial use of the onboard material by the customer of under8 GmbH is not permitted –
with the exception of authorization by Nürburgring 1927 GmbH & Co. KG.

§ 18 Cancellation, modification or cancellation of a driving experience

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

18.2 under8 GmbH may change the program at short notice for important reasons (e.g. weather-
related, vehicle-related, etc.). In such a case, the applicant/participant is not entitled to a refund of
the participation fee.

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

§ 19 Registration for driving experiences by third parties

If the registration is not made by the participant himself, the client is responsible for ensuring that the
participant is fully informed about these conditions of participation. Any breaches of duty by the
participant that lead to his exclusion from further participation shall be attributed to the client.

§ 20 Terms of payment for the booking of driving experiences

20.1 For individual bookings, 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 bank transfer. Vouchers only entitle the holder to participate once 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. Thereafter, vouchers can be redeemed for a further year against
additional payment of the difference to the current participation price at the time of issue. Cash
payment of vouchers is not possible. The sale of vouchers with a surcharge is not permitted.

20.2 After setting a reasonable deadline, under8 GmbH shall be entitled to finally refuse performance
and to demand compensation for non-performance from the applicant/participant if the latter is in
arrears with payment.

§ 21 Cancellation and rebooking of driving experiences

21.1 Cancellation fees are as follows

50 % of the order amount in the event of withdrawal after the order has been placed and in the event
of the return of vouchers

75% of the order amount for cancellations from 20 days before the event date

100 % of the order amount for cancellations 48 hours or more before the event date or for no-shows

21.2 Cancellation must be made in writing to be effective.

21.3 The above-mentioned deadlines refer to the receipt of the notice of withdrawal by under8

21.4 Instead of canceling, the participant may transfer his/her right to participate to a suitable
substitute participant. The rebooking of an appointment is only possible by canceling the
participation contract with subsequent new registration.

§ 22 Handling of complaints and preclusion periods for claims and limitation periods for tourist offers and package tours

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

22.2 The customer must assert claims for non-contractual provision of the service against under8
GmbH within one month after commencement of the package tour to under8 GmbH.

22.3 Claims in tort must be asserted against under8 GmbH within 6 months of the contractually
agreed termination of the service are to be asserted against under8 GmbH. It is recommended that
claims be made in writing. After the deadline has expired claims can only be asserted if the customer
was prevented from complying through no fault of his own.

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

22.5 Claims in tort are subject to a limitation period of three years. The limitation period begins on
the day on which the package tour should end according to the contract. If the customer has asserted
such claims the limitation period is suspended until the day on which under8 GmbH or its liability
insurer rejects the claims. The limitation period shall commence at the earliest three months after
the end of the suspension.

We reserve the right to make translation errors.