Dear Participant,

Please read these General Terms and Conditions carefully before you commit to a booking requiring payment. With your booking you accept these Terms and Conditions, which will be sent to you before registration or made available online at https://experience.mercedes-amg.com/en/pages/home-of-amg, as binding and make them a part of your application. Upon receipt of our booking confirmation, these terms and conditions become part of the contract.

zet:motion. GmbH offers factory tours at the Affalterbach site including catering and incorporated test drives (referred to as “Events”). Further additional services will be specified in the description, as the case may be. The goal of all test drives offered is to achieve familiarity with the vehicles. Reaching top speeds is not an intended purpose of the test drives nor are the test drives intended to promote competitive behavior in everyday traffic.

Your contract partner shall be zet:motion. GmbH exclusively. As a result of an agreement with Mercedes-AMG GmbH, zet:motion. GmbH is licensed to use the trademark AMG. This does not constitute a contractual relationship between you or any other participants and Mercedes-AMG GmbH.

These General Terms and Conditions shall apply exclusively for the Event. These General Terms and Conditions shall not apply to the provision of travel services and events and/or to the brokerage of travel services; our General Terms and Conditions for the Provision of Travel Services and Events and for the Brokerage of Travel Services, as in force from time to time, shall apply in these cases.

General Terms and Conditions for the Provision of Factory Tours and Additional Services (Status: 17/03/2025)

1. Scope of Application, Form

1.1 These General Terms and Conditions shall apply to all contracts between zet:motion. GmbH (“zet:motion”) and the recipients of these respective services (“Participants”) for the provision of factory tours at the Affalterbach site with additional services such as catering and test drives. These General Terms and Conditions shall not apply to the provision of travel services and events and/or to the brokerage of travel services; our General Terms and Conditions for the Provision of Travel Services and Events and for the Brokerage of Travel Services, as in force from time to time, shall apply in these cases (https://experience.mercedes-amg.com/en/pages/teilnahmebedingungen).

1.2 These General Terms and Conditions shall become a part of the contract entered into between zet:motion and the Participant (“Contract”). The Contract specifically regulates the type and substance of the services to be provided.

1.3 Individual agreements made with the Participant (including subsidiary agreements, assurances, supplements and modifications to the Contract) take precedence over these General Terms and Conditions. These individual agreements must be in writing (e.g. letter, email, telefax) to be valid.

2. Formation of the Contract

2.1 The Participant can select and book different dates in the event portfolio of zet:motion.

Advertising and references to the Event shall not constitute an offer to enter into a contract but shall be considered an invitation to the Participant to make an offer.

2.2 With the booking (registration), the Participant offers to enter into a contract with zet:motion regarding the participation in the Event. Bookings may be made either orally, by telephone, in writing, by email or fax, or by electronic commerce ("Electronic Bookings").

The booking, regardless of the way it is made, is based on the description and any additional information provided by zet:motion for the Event to the extent that this information is available to the Participant when the booking is made. Other information (such as applications for events through third parties) that was not provided by ZET shall not be a binding obligation unless, by agreement with the Participant, it has been made a part of the contract for the Event.

2.3 Electronic Bookings shall be made whether through the web store provided by the Tour Operator (https://experience.mercedes-amg.com/en/) or through an App. The process of the electronic booking is explained to the Participant in the corresponding application. Before sending the booking, the Participant can view and check the information at any time. There is a correction option available and it clearly explains how the Participant can correct or delete any information or reset the entire booking. The contract languages available for the electronic booking are indicated. The Participant’s binding submission of the offer takes place by pushing the button “Book with Payment”. However, the application can only be submitted and sent after the Participant has clicked the button “Acceptance of General Terms and Conditions” effectively accepting these General Terms and Conditions and incorporating them into the application. Clicking the button to send the application does not constitute a claim by the Participant that the Contract has been signed. Insofar as the text of the Contract is stored by zet:motion, the Participant will be informed of this and of the possibility of retrieving the text of the contract at a later date.

2.4 The Contract is signed upon the Participant’s receipt of the zet:motion’s confirmation. Confirmation of all electronic bookings made either through the web store or the App will be sent by email. In the case of bookings made orally, by telephone, in writing, by email or fax, zet:motion will promptly provide the Participant with a booking confirmation in a durable data medium (e.g. paper, email, standard or computer/mobile fax, SMS or memory card).

2.5 If the content of the zet:motion’s confirmation differs from the content of the booking, a new offering from zet:motion exists to which zet:motion is bound for ten (10) days. The Contract is entered into on the basis of the new offer insofar as zet:motion has referenced the changes in the new offer and has fulfilled its pre-contractual information obligations and the Participant declares its acceptance to zet:motion within the binding period either expressly or by making a deposit.

2.6 The registration shall include the Participant’s personal data in full. It shall be completed by the registering Participant on behalf of all the other participants listed in the registration.

The registering Participant is liable for all its own contractual obligations as well as those obligations of the other participants for whom it is making the registration as long as they have expressively consented to this in a separate declaration.

2.7 If zet:motion is unable to procure the vehicles required for the Event or can only do so under significantly more difficult conditions due to a non-delivery of the vehicles by Mercedes-AMG for which zet:motion is not responsible, zet:motion shall be entitled to withdraw from the Contract. zet:motion shall reimburse the Participant immediately for any already paid remuneration.

3. No Right of Withdrawal

Even if zet:motion offers the booking of the Event via a remote means of communication within the meaning of § 312c para. 2 of the German Civil Code (BGB) resulting in a distance contract pursuant to § 312c para. 1 BGB, the Participant shall not have a right of withdrawal as set forth in § 312g para. 2 no. 9 BGB and thereby no two-weeks right of withdrawal and return. Every offer or booking of an Event is therefore binding immediately after confirmation by zet:motion and the Participant shall be obligated to accept and pay for the booked services.

4. Conditions of Participation and Performance

4.1 Requirements of Participation

4.1.1 To participate actively in the driving Event, in principle each individual must be at least 21 years old unless this has been regulated separately or differently.

4.1.2 Participation in the Event is only permitted to holders of a valid driving license. Additionally, the participation in the Event on public roads is only permitted to persons who, at the beginning of the Event, have been holders of a valid driving license for at least the past three years. A racing license is not a release from the forementioned requirements.

4.1.3 The Participant is obligated to allow inspection of their driving license before to the commencement of the Event. Participants, who do not hold an EU- or Swiss driving license are required to prove their driving license through either a valid international driving license or their national driving license and an official translation (German or English).

4.1.4 The further requirements of participation for the Event are listed in the description.

4.1.5 For safety reasons, the languages of the Event are German and English. The requirement of participation is knowledge of one of the two languages at the reference level B1 or above.

4.1.6 An accompanying person who does not actively participate in the Event must be at least 10 years old and must have the statutory minimum height prescribed to ride in cars without additional equipment (such as child safety seats). In all other respects, the same conditions apply to an accompanying person as to the Participant, unless otherwise stated in the description or in these General Terms and Conditions. The costs for accompanying persons can be found in the description.

4.1.7 zet:motion shall not be liable for items and materials brought in, nor for accompanying persons or visitors of the Participant. zet:motion shall not be obligated to supervise any underage accompanying persons or visitors of the Participant.

4.1.8 Pets are not allowed.

4.2 Mercedes-AMG Vehicles

At events where a Mercedes-AMG vehicle is provided, the Participant shall have the opportunity to test drive different vehicles during the course of the event. At no time shall the Participant have a claim to drive a specific vehicle. The Participant shall be obligated to handle the vehicle with great care. The Participant shall inform zet:motion immediately of any accidents or damage. The Participant is expressly forbidden to pass the vehicle on to a third party. The cases in which a Mercedes-AMG vehicle shall be provided are set forth in the respective description.

4.3 Safety Regulations

4.3.1 The directions given by the instructors and the employees of zet:motion must be followed at all times.

4.3.2 The Participants are required to wear a seat belt at all times during the driving sessions.

4.3.3 Smoking and the use of mobile phones during the journey is generally not permitted in Mercedes-AMG vehicles provided by or rented through zet:motion.

4.3.4 The Participants must behave in a disciplined manner during the Event. The directions given by the instructor team and the employees of zet:motion must be followed at all times.

4.3.5 The Participants may not be under the influence of alcohol or any other intoxicating substances during the driving times. That includes any medication of any kind that could impair the Participant’s driving ability. The consumption of alcohol and/or any other intoxicating substances before and during the driving times is prohibited.

4.3.6 Participants who suffer from health or other limitations that may affect the safety of the Event are not eligible to participate.

4.3.7 The Participant is required to adhere to all traffic regulations and speed limits at all driving events held on public roads. Any fines and penalties shall be borne solely by the Participant.

4.3.8 zet:motion reserves the right to exclude individual participants from the Event if they do not meet the participant requirements pursuant to Section 4.1 herein or if they violate the conditions of implementation set forth in Section 4.2 herein, in particular if they do not follow the directions of the instructors or the employees of zet:motion or if they endanger themselves or third parties in any way. In these cases, the remuneration for the Event will not be reimbursed. Any additional costs will be borne by the excluded Participant.

4.4 Insurance of the Vehicles

4.4.1 With respect to the Mercedes-AMG vehicles provided during the Event, the following shall apply: The vehicles provided are covered with third-party liability and fully comprehensive insurance for driving on the route specified by the instructors for the period from the beginning to the end of the Event. Any damage to the vehicles must be reported to the responsible instructor or project manager immediately. In the event of damage caused by the Participant, a deductible for the vehicle all-risk insurance in the amount of EUR 1,500 shall be charged to the Participant.

4.4.2 Further (recourse) claims by the insurer especially in the cases of grossly negligent behavior, failure to follow the directions of the instructor or the project manager, failure to comply with legal regulations or prescribed speeds shall remain unaffected. In the event of culpable behavior by the Participant, zet:motion shall reserve the right to assert a claim against a Participant for damages not compensated by the comprehensive insurer. Furthermore, zet:motion reserves the right to charge the Participant for the costs incurred by zet:motion for processing the claim in the event of culpable behavior.

4.5 Unauthorized Removal from the Scene of an Accident

If a Participant's behavior has contributed to causing an accident (involved party), the Participant shall not leave the scene of the accident without permission.

4.6 Maximum Number of Participants

The maximum number of participants for any given event is limited to the number specified in the description. However, zet:motion is entitled to include more participants than the number stated in individual cases as long as it does not affect the overall character of the Event.

5. Terms of Payment

The Participant shall pay the agreed remuneration at the latest before the start of the Event. In the event the Participant does not pay the agreed remuneration before the start of the Event, even though zet:motion is ready, willing and able to provide the contractual services and there is no legal or contractual right of retention on the part of the Participant, the Participant loses any claims to the agreed services.

6. Services Not Used

If the Participant does not make use of the agreed services, which zet:motion was ready, willing and able to provide in accordance with the terms of the Contract, for reasons attributable to the Participant, he shall not be entitled to a refund of payments already made. This shall not apply if such reasons would have entitled him to withdraw from or terminate the Contract free of charge in accordance with statutory provisions.

7. The Participant’s Right of Withdrawal

7.1 The Participant can withdraw from the contract with zet:motion free of charge up to 10 days before the commencement of the Event (Cancellation). Notice of the withdrawal must be given to zet:motion. The notice of withdrawal does not require a specific form. However, it is recommended to the Participant that the notice of withdrawal be given in writing (e.g. letter, email, telefax).

7.2 Should the Participant withdraw in less than 10 calendar days before the commencement of the Event, zet:motion can demand reasonable compensation provided that zet:motion is not responsible for the withdrawal and was ready, willing and able to provide the contractual services. The amount of damages shall be determined by the contractually agreed remuneration subtracting the value of the expenses saved by zet:motion and the amount zet:motion acquires by using its capacities elsewhere.

zet:motion has determined the following flat rates for compensation taking into account the time between the withdrawal and the start of the Event as well as anticipated savings in expenses as well as amounts received through other uses of zet:motion’s capacities. The compensation shall be calculated from the moment the withdrawal has been received in accordance with the following cancellation schedule:

7.3 The Participant is in any case permitted to prove that the reasonable compensation due and owing to zet:motion is significantly lower than the compensation lump sum demanded.

7.4 zet:motion reserves the right to claim a higher individually calculated compensation in lieu of the lump sum compensation listed above insofar as zet:motion can prove that it has incurred significantly higher costs than the applicable compensation lump sum. In this case, zet:motion is obligated to specifically quantify and justify the amount of compensation demanded, taking into account the expenses saved as well as the amount gained by another use of their capacities.

8. The Participant’s Obligations; Notice of Defects

8.1 The agreed times shall be strictly maintained. In the event of a delay, the Participant shall inform zet:motion of this at the latest by the agreed start of the Event and communicate the expected time of his/her late arrival. zet:motion may refuse to start the Event later if the delay is objectively impossible or unreasonable, in particular in the event that zet:motion cannot meet subsequent deadlines for services or other urgent appointments as a result. The Participant shall not be entitled to a refund of payments already made in accordance with Section 6 herein.

8.2 The Participant is obligated to notify zet:motion without delay of any recognizable defects in the agreed services and to demand a remedy. If the Participant does not fulfill this obligation, his warranty claims shall lapse to the extent that zet:motion would have been ready, willing and able to provide a remedy. Any claims arising from defective or incomplete services provided by zet:motion shall only not lapse if, without fault, the request for remedy was not made or if a remedy was objectively impossible.

9. Limitation of zet:motion’s Liability

9.1 Insofar as not otherwise derived from these General Terms and Conditions including the following provisions zet:motion shall be liable according to the relevant statutory regulations in case of a breach of contractual and non-contractual duties.

9.2 zet:motion shall be liable for damages – no matter for what legal grounds – in case of willful intent and gross negligence. Provided that no lower standard of liability applies (e.g. diligence for one’s own affairs, negligible breach of an obligation), zet:motion shall be liable in case of simple negligence only

a) for damages arising from injury to life, body or health,

b) for damages from the breach of an essential contractual duty (obligation, the satisfaction of which only enables the proper execution of the Contract at all and with which the contractual partner relies and may as a rule rely on its compliance); in this case zet:motion’s liability is however limited to the reimbursement of the foreseeable, typically occurring damages.

9.3 The liability restrictions which can be derived from para. 9.2 herein above shall apply to the breach of an obligation by persons whose fault zet:motion is responsible for according to the statutory provisions. They shall not apply insofar as zet:motion has maliciously failed to disclose a defect or has assumed a guarantee for the condition of the services. The same shall apply to claims of the Participant according to the Product Liability Act.

9.4 The Participant can only withdraw from or terminate the Contract owing to the breach of a duty, which does not consist of a defect, if zet:motion is responsible for the breach of duty. Incidentally the statutory pre-requisites and legal consequences shall apply.

10. Information on the Assertion of Claims

10.1 The Participant can assert claims arising out of or in connection with the Contract against zet:motion. A claim asserted on a permanent data medium is recommended.

10.2 With regard to the Act on Alternative Dispute Resolution in Consumer Matters, zet:motion acknowledges that it would not voluntarily take part in consumer dispute resolution. If consumer dispute resolutions become necessary after the printing of these General Terms and Conditions, zet:motion shall inform the Participant in an appropriate form. zet:motion refers to all contracts that were signed in the electronic legal traffic on the European online dispute resolution platform (http://ec.europa.eu/consumers/odr).

10.3 The claim can be made to zet:motion at the address given below:

zet:motion. GmbH

Schelmenwasenstr. 39

70567 Stuttgart

Managing Directors: Annika Pfuderer, Timm Büns

Tel.: +49 711 340335-55

E-Mail: amg-experience@zet-motion.de

Internet: https://experience.mercedes-amg.com

Amtsgericht Stuttgart (HRB 780794)

USt-IdNr.: DE 346419398

11. Data Protection

All personal data provided by the Participant to zet:motion shall be electronically processed and used to the extent necessary for the performance of the Contract. All personal data of the Participant shall be processed in accordance with the applicable provisions of German and European data protection law. Further information on the handling of the Participant's data is contained in the zet:motion's privacy policy, available at: https://experience.mercedes-amg.com/en/pages/datenschutzerklarung

12. Applicable Law, Jurisdiction

12.1 The contractual relationship between the Participant and zet:motion shall be governed by German law. Claims regarding consumer protection standards can only be asserted by the Participant according to German law or to the law of the EU Member State where the Participant resides.

12.2 Exclusive jurisdiction shall be Stuttgart (Germany) for any and all claims present and future which arise from or in connection with this contract raised by fully qualified merchants, by people who do not have a general place of jurisdiction in Germany, or by people who have changed their residence or have moved abroad after the Contract was signed or by people whose place or residence or habitual abode is unknown at the time the action is brought as well as passive litigation.