General Terms and Conditions "Packages and Vouchers" (hereinafter "GTC") of Nürburgring eRacing SA
(hereinafter "NÜBURGRING eSports")
These GTC regulate the legal and contractual relationship between NÜRBURGRING eSports and the purchaser of driving packages or other articles and merchandise (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 purchase of ride packages possible there. The customer is informed about the validity of the GTC before each purchase and has agreed to the validity.
These GTC apply exclusively to end customers and users of the services offered by NÜRBURGRING eSports.
2 Services of NÜRBURGRING eSports
NÜRBURGRING eSports sells driving packages of different lengths on racing simulators (hereinafter referred to as "Packages") in its Stores and its Internet offer. Furthermore, vouchers for passing on to third parties (hereinafter "Vouchers") can be purchased in the Stores as well as via the Internet offer.
The booking of the Packages is made for a specific time slot, which the Customer specifies or selects when purchasing the Package on the NÜRBURGRING eSports website (hereinafter "Time Slot"). Based on these packages, the customer can make use of the services agreed therein in the stores of NÜRBURGRING eSports at the agreed time slots. The use of the vouchers is possible at any time in the stores of NÜRBURGRING eSports during the regular opening hours.
3 Validity of contract
The validity of the contract for the purchase of packages or driving sessions is exclusively confirmed by NÜRBURGRING eSports. The contract is confirmed as soon as NÜRBURGRING eSports declares the acceptance of the customer's purchase. The confirmation is made immediately, either by accepting the payment for the package booked 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.
NÜRBURGRING eSports reserves the right to refuse the conclusion of the purchase, if there are outstanding claims against the customer or if other irregularities have occurred or are to be expected in connection with the intended contract or its execution.
Minors are excluded from using the internet offer of NÜRBURGRING eSports. The purchase of packages is only possible on site with a proof of age, considering the provisions on the protection of minors. NÜRBRUGRING eSports reserves the right to refuse services in case of missing proof of age. In this case the purchase price will be refunded.
After acceptance of the offer, the corresponding purchase price is due from the customer for immediate payment. The statutory value-added tax applicable at the time is already included in the price shown. The prices shown are retail prices.
Payment shall be made on site, by PayPal or credit card. NÜRBRUGRING eSports reserves the right to allow further payment methods or not to allow existing payment methods in the future. NÜRBURGRING eSports will inform the customer about the existing payment methods before conclusion of the contract.
5. Transfer of ownership and redemption of tickets for packages
The transfer of ownership of the ticket for booked packages and / or the voucher to the customer takes place either in the respective store visited by the customer or through an electronic confirmation of the change.
The redemption of the booked tickets for packages or the vouchers shall take place in accordance with section 2.2.
6 Obligations of the customer
The customer is obligated to legitimize himself regarding the ownership of the package purchased on the Internet or by voucher. This is done by presenting the printout of the confirmation or electronic proof on a mobile device.
7 Cancellation and Revocation / Goodwill Refund
Withdrawal and revocation for the purchase of packages are excluded. However, this does not apply to the purchase of vouchers (see 7.2 below). De provisions on distance contracts within the meaning of § 312c BGB do not apply, as the purchase of time-related packages is to be assigned to a form of leisure activities and the tickets are booked for a very specific period of time (§ 312g Abs.2 Nr. 9 BGB). In individual cases, NÜRBURGRING eSports is entitled to provide the services after the expiration of the booked period as a gesture of goodwill. However, there is no claim to this.
For vouchers that are not time-bound packages, the purchaser has the right to revoke it within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the purchaser, has or has taken possession of the goods. To exercise the right of revocation, the purchaser must notify NÜRBURGRING eSports by a clear declaration (e.g. a letter sent by mail) about the decision to revoke this contract. NÜRBURGRING eSports will send to the purchaser (e.g. by e-mail) a confirmation of receipt of such revocation.
As a consequence of the revocation NÜRBURGRING eSports shall reimburse all payments received from the purchaser, excluding eventual delivery costs no later than fourteen days from the day of confirmation of the revocation. For this repayment will be used the same payment method used for the original transaction
NÜRBURGRING eSports may refuse the repayment until the purchased goods are received back or until the purchaser have provided proof that the goods have been returned, whichever is the earlier.
8. period of validity of vouchers
The period of validity of vouchers purchased via the internet offer of NÜRBURGRING eSports is three full years. The period begins with the calendar year following the year of purchase.
The liability of NÜRBRUGRING eSports is basically excluded to the greatest extent possible by law. However, this exclusion of liability does not apply if liability is mandatory due to legal regulations, e.g. according to the Product Liability Act, in cases of intent, gross negligence, due to injury to life, body or health, due to an assumption of a guarantee for the quality of an object or due to the violation of essential contractual obligations. Furthermore, the liability of NÜRBURGRING eSports is excluded for slightly negligent breaches of duty, insofar as these do not concern damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. Furthermore, the liability of NÜRBURGRING eSports for the breach of obligations, the fulfilment of which is a prerequisite for the proper execution of the contract and on whose compliance the customer may regularly rely, remains unaffected.
The exclusion or limitation of liability of NÜRBURGRING eSports also applies to the liability of its agents.
10. data protection
For information on the scope of collection, storage, processing, deletion of customer data and their associated rights, please refer to our data protection provisions at www.nuerburgring-esports.com/en
11. final provisions, arbitration board
All declarations transmitted within the scope of the corresponding contract to be concluded must be made in writing (letter, email or fax). Email address, fax number as well as the postal address of NÜRBURGRING eSports can be found in the imprint on the NÜRBURGRING eSports website or can be taken from the above-mentioned cancellation policy.
If the customer is an entrepreneur, the contract with NÜRBURGRING eSports including these GTC is subject to the substantive law of the Swiss Confederation excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, the contract with NÜRBURGRING eSports as well as these GTC are subject to the law of the country in which the consumer has his habitual residence.