Terms and conditions
General Terms and Conditions “Packages and Vouchers” (hereinafter “GTC”) of Nürburgring eRacing SA
(hereinafter referred to as “NÜRBURGRING eSports”)
These GTC govern the legal and contractual relationship between NÜRBURGRING eSports and the purchaser of driving packages or other articles and goods (hereinafter “Customer”).
1. scope of application
These GTC apply to all event locations operated by NÜRBRURGING eSports itself (hereinafter referred to as “Stores”) as well as to the Internet offer provided by NÜRBURGRING eSports and the possible purchase of ride packages there. The customer is informed of the validity of the GTC prior to each purchase and has agreed to their validity.
These GTC apply exclusively to end customers and users of the services offered by NÜRBURGRING eSports.
2. Services provided by NÜRBURGRING eSports
2.1
NÜRBURGRING eSports sells driving packages of various lengths on racing simulators (hereinafter referred to as “packages”) in its stores and on its website. In addition, vouchers for passing on to third parties (hereinafter referred to as “vouchers”) can be purchased in the stores and via the website.
2.2
The packages are booked for a specific time slot, which the customer specifies or selects when purchasing the package on the NÜRBURGRING eSports website (hereinafter “time slot”). On the basis of these packages, the customer can use the services agreed therein in the branches of NÜRBURGRING eSports during the agreed time slots.
3. Validity of the contract
3.1
The conclusion of the contract for the purchase of packages or rides is confirmed exclusively by NÜRBURGRING eSports. The contract is concluded as soon as NÜRBURGRING eSports declares acceptance of the purchase by the customer. The confirmation will be made immediately, either by accepting payment for the booked package in the store on site or by sending an electronic confirmation of the booked package or by a corresponding confirmation at the end of the purchase process.
3.2
NÜRBURGRING eSports reserves the right to refuse to conclude the purchase if there are outstanding claims against the customer or other irregularities in connection with the intended contract or its execution have occurred or are to be expected.
3.3
Minors are excluded from using the NÜRBURGRING eSports website. The purchase of packages is only possible on site with proof of age in accordance with the youth protection regulations. NÜRBRUGRING eSports reserves the right to refuse services in the absence of proof of age. In this case, the purchase price will be refunded.
4 Payment
4.1
After acceptance of the offer, the corresponding purchase price is due for immediate payment by the customer. The applicable statutory VAT is already included in the price shown. The prices shown are end consumer prices.
4.2
Payment shall be made on site, by PayPal or credit card. NÜRBRUGRING eSports reserves the right to allow further payment methods in the future or not to allow existing payment methods. NÜRBURGRING eSports will inform the customer of the existing payment options before the contract is concluded.
5. transfer of ownership and redemption of tickets for package tours
5.1
The transfer of ownership of the ticket for booked package tours and / or the voucher to the customer takes place either in the respective store visited by the customer or by electronic confirmation of the transfer.
5.2
The redemption of the booked tickets for package tours or the vouchers takes place in accordance with section 2.2.
6 Obligations of the customer
The customer is obliged to legitimize ownership of the package purchased online or by voucher. This is done by presenting a printout of the confirmation or electronic proof on a mobile device.
7 Withdrawal and revocation / goodwill refund
7.1
Withdrawal and revocation for the purchase of parcels are excluded. However, this does not apply to the purchase of vouchers (see 7.2 below). The provisions on distance selling contracts within the meaning of § 312c BGB do not apply, as the purchase of time-related packages is a form of leisure activity and the tickets are booked for a very specific period of time (§ 312g para. 2 no. 9 BGB). In individual cases, NÜRBURGRING eSports is entitled to provide the services after expiry of the booked period as a gesture of goodwill. However, there is no entitlement to this.
7.2
In the case of vouchers that are not time-limited packages, the buyer has the right to cancel them within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which the buyer took or was able to take possession of the goods. In order to exercise the right of withdrawal, the buyer must inform NÜRBURGRING eSports of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post). NÜRBURGRING eSports shall send the purchaser a confirmation of receipt of the revocation (e.g. by e-mail).
As a result of the revocation, NÜRBURGRING eSports shall refund all payments received from the purchaser, with the exception of delivery costs, within fourteen days of the date of confirmation of the revocation at the latest. This refund will be made using the same means of payment that you used for the original transaction
NÜRBURGRING eSports may refuse the refund until the purchased goods have been received back or until the buyer has provided proof that he has returned the goods, whichever is the earlier.
8. period of validity of the vouchers
Vouchers purchased via the NÜRBURGRING eSports website are valid for three full years. The period begins with the calendar year following the year of purchase.
9. Liability.
The liability of NÜRBRUGRING eSports is generally excluded to the extent permitted by law. However, this exclusion of liability shall not apply if liability is mandatory due to statutory provisions, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health, due to the assumption of a guarantee for the quality of an item or due to the breach of essential contractual obligations. Furthermore, the liability of NÜRBURGRING eSports for slightly negligent breaches of duty is excluded insofar as these do not concern damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. Furthermore, the liability of NÜRBURGRING eSports for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely remains unaffected.
The exclusion or limitation of the liability of NÜRBURGRING eSports shall also apply to the liability of its vicarious agents.
10. Data protection
a. For information on the scope of the collection, storage, processing and deletion of customer data and your associated rights, please refer to our privacy policy at https://switzerland.nuerburgring-esports.com/en/privacy-statement
11. final provisions, arbitration board
All declarations which are transmitted within the framework of the respective contract to be concluded must be made in text form (letter, e-mail or fax). The e-mail address, fax number and postal address of NÜRBURGRING eSports can be found in the legal notice on the NÜRBURGRING eSports website or in the above-mentioned cancellation policy.
If the customer is an entrepreneur, the contract with NÜRBURGRING eSports, including these GTC, shall be governed by the substantive law of the Swiss Confederation to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, the contract with NÜRBURGRING eSports and these GTC shall be governed by the law of the country in which the consumer has his habitual residence.