(1) These general terms and conditions apply to all services of Royal Legacy Motorsport Heritage, owner Maximilian Christopher Garus, Roggenkamp 1D, 49849 Wilsum, Germany (hereinafter “RLMH”) towards its clients (hereinafter “Client”).
(2) RLMH’s services are directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), at legal entities under public law and at special funds under public law. Contracts with consumers within the meaning of § 13 BGB are concluded only by express individual agreement.
(3) Deviating, conflicting or supplementary terms of the Client do not become part of the contract unless RLMH expressly consents to their validity in text form.
(4) Individual agreements, in particular the conditions of the respective owner of an object provided, take precedence over these terms.
(1) RLMH brokers and organises temporary access to historically significant motorsport vehicles, memorabilia and comparable objects (hereinafter “Objects”) for exhibitions, events, brand activations, museums and comparable purposes.
(2) RLMH is not a vehicle rental company. The subject of the service is the provision of an Object for exhibition and presentation purposes together with the associated organisation, not the provision of use for locomotion.
(3) Where RLMH is not itself the owner of the Object, RLMH acts as broker and organiser between the owner and the Client. In this case the loan agreement for the Object is concluded between the owner and the Client; RLMH coordinates the process and may be authorised to act in the owner’s name.
(4) There is no entitlement to any particular Object. Objects are confirmed as binding only after written confirmation by the owner. Until then all details on availability and terms are subject to change.
(5) RLMH passes on details of an Object’s history, provenance and originality to the best of its knowledge and on the basis of information received from the owner and from recognised sources. RLMH assumes its own guarantee for the accuracy of such details only where this is expressly declared in text form.
(1) Client enquiries via the form, by email, telephone or messenger are non-binding and do not constitute an offer to conclude a contract.
(2) Offers by RLMH are subject to change and, unless stated otherwise, valid for 14 days. They always relate to the period, venue and scope of services stated in the offer.
(3) The contract is concluded upon RLMH’s order confirmation in text form, or upon commencement of performance where the Client has instructed it.
(4) Changes to the period, the venue, the exhibition space or the Object require the consent of RLMH and, where applicable, of the owner. They may lead to an adjustment of the remuneration.
(1) The remuneration is set out in the respective offer. It generally comprises a loan fee for the Object, an organisation and supervision fee as well as the costs of transport, insurance, installation and, where applicable, personnel.
(2) Prices are net amounts. VAT is not shown as long as the small business rule under § 19 of the German VAT Act applies.
(3) Unless agreed otherwise, a down payment of 50 per cent of the order value is due on conclusion of the contract; the balance is payable before delivery of the Object. RLMH is entitled to make delivery conditional upon payment in full.
(4) Invoices are payable without deduction within 14 days of the invoice date. In the event of late payment, the statutory rules on default apply.
(5) Additional services subsequently instructed by the Client — in particular extended standing times, additional guarding, altered installation times or impeded access — are charged separately on a time and material basis.
(1) The Client ensures that the agreed conditions are met at the exhibition venue. These include in particular accessibility, floor load capacity, climatic conditions, barriers, lighting and guarding.
(2) The Object may be presented solely for the contractually agreed purpose and solely at the agreed location. Relocation to another site, transfer to third parties or use for another purpose is not permitted without prior consent in text form.
(3) The Object may not be operated, moved, entered, climbed on or altered unless expressly agreed. Touching by third parties must be prevented.
(4) Smoking, naked flames, pyrotechnic effects, smoke machines, confetti and the serving of drinks in the immediate vicinity of the Object are prohibited without prior consent.
(5) The Client names a responsible contact person who is available during installation, the loan period and dismantling, and grants RLMH and its agents access to the Object at all times.
(6) Damage, attempted damage, theft or unusual incidents must be reported to RLMH without delay. The Client documents the incident and cooperates in investigating the damage.
(1) Objects are generally covered by nail-to-nail exhibition insurance encompassing transport, installation, standing time, dismantling and return. Cover and sum insured are stated in the offer.
(2) Unless expressly agreed otherwise, insurance is taken out by RLMH or by the owner and invoiced to the Client.
(3) The Client is obliged to comply with all insurance requirements. Intentional or grossly negligent breaches of security and handling requirements may void insurance cover; in this case the Client is liable for the damage incurred.
(4) Insurance deductibles are borne by the Client insofar as the damage originates from its area of responsibility.
(1) Transport, delivery, installation, dismantling and return are carried out by RLMH or by specialist service providers commissioned by RLMH. Independent transport by the Client is not permitted.
(2) Dates for delivery and collection must be agreed as binding. Delays for which the Client is responsible — in particular lack of access, uncleared areas or absent personnel — are at its expense.
(3) The condition and completeness of the Object are documented photographically on delivery and on return and recorded in a condition report to be countersigned by both parties.
(4) If the return is delayed for reasons for which the Client is responsible, RLMH is entitled to charge an additional usage fee amounting to the pro rata daily loan fee for each commenced day.
(1) The Client receives the right to exhibit the Object within the agreed scope. Any further right of use — in particular for advertising, film, photography or content purposes — requires a separate agreement.
(2) Unless agreed otherwise, images of the Object for promoting the event are permitted for the duration of the event and three months thereafter. On request the Client names RLMH and, where the owner so wishes, the owner as lender.
(3) Trademarks, team and manufacturer designations and driver names remain the property of the respective rights holders. The Client ensures that its communication does not create the impression of a partnership, endorsement or sponsorship by those rights holders.
(4) The Client is responsible for the legal permissibility of its own communication and indemnifies RLMH against third-party claims based on an infringement for which the Client is responsible.
(1) RLMH is liable without limitation for damage arising from injury to life, body or health based on a breach of duty by RLMH, its legal representatives or vicarious agents, as well as for damage caused intentionally or by gross negligence.
(2) In the case of slightly negligent breach of material contractual obligations — that is, obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely — RLMH’s liability is limited in amount to the foreseeable damage typical for this type of contract.
(3) Otherwise RLMH’s liability for slight negligence is excluded. Liability under the German Product Liability Act and under expressly assumed guarantees remains unaffected.
(4) Insofar as RLMH acts merely as a broker, it is liable for the careful selection and coordination of the third parties involved, but not for their performance itself. On request RLMH assigns claims against the owner or commissioned service providers to the Client.
(5) The Client is liable in accordance with statutory provisions for damage to the Object occurring within its area of responsibility during the exhibition period. The condition documented in the condition report and an expert assessment of the loss in value are decisive for the amount of damage.
(1) If the Client cancels a confirmed order, the following cancellation fees fall due: up to 60 days before delivery 25 per cent, up to 30 days before delivery 50 per cent, up to 14 days before delivery 75 per cent and thereafter 100 per cent of the order value. Third-party costs already incurred are charged in addition.
(2) A postponement is possible once free of charge up to 30 days before delivery, provided the Object and the service providers are available in the new period. Otherwise paragraph 1 applies.
(3) If the owner withdraws the confirmation for an Object for good cause, RLMH will endeavour to provide an equivalent replacement Object. If this is not possible, the remuneration for that Object is waived; the Client has no further claims unless RLMH is responsible for the withdrawal.
(4) RLMH is entitled to withdraw if the agreed security, climate or handling conditions at the exhibition venue are demonstrably not met, or if payment is not made despite a deadline being set.
(1) Both parties treat as confidential all information becoming known in the course of the cooperation, in particular details of owners, locations, values, security arrangements and terms.
(2) The identity of the owner is disclosed only with the owner’s express consent. The Client undertakes not to contact owners directly, circumventing RLMH, in order to obtain comparable services.
(3) The confidentiality obligation continues to apply for a period of three years beyond the end of the contractual relationship.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of RLMH, provided the Client is a merchant, a legal entity under public law or a special fund under public law.
(3) Amendments and supplements to this contract require text form. This also applies to the waiver of this text form requirement.
(4) Should a provision of these terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.
(5) RLMH is entitled to amend these terms with effect for future contracts. For contracts already concluded, the version published at the time of conclusion applies.
