Terms and Conditions
General Terms and Conditions "Packages and Vouchers" (hereinafter "GTC") of NÜRBRUGRING eSports GmbH
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
2.1
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 for various Packages.
2.2
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 GmbH 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. Conclusion of contract
3.1
The conclusion of the contract for the purchase of packages or articles is exclusively concluded with NÜRBURGRING eSports. The contract is concluded as soon as NÜRBURGRING eSports declares acceptance of the customer's offer to the customer. The declaration is made immediately, either by declaring payment for the package booked in the store on site, 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 the conclusion of the contract. NÜRBRURGRING eSports will refuse the conclusion of the contract 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.
3.3
Minors are excluded from using the internet offer of NÜRBURGRING eSports. The purchase of packages is only possible on site with proof of age, taking into account 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.
4. payment
4.1
After acceptance of the offer, the corresponding purchase price claim against the customer is due for payment immediately. The redemption is not a prerequisite for the payment claim. The statutory value added tax applicable at the time is already included in the price shown. The prices shown are retail prices.
4.2
Payment shall be made by payment 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
5.1
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 an electronic confirmation of the booked time slot or the voucher.
5.2
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 with regard to 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 the communication device.
7. rescission and revocation / goodwill refund
Withdrawal and revocation of the contract concluded with NÜRBURGRING eSports 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.
7.2
For vouchers that are not time-bound packages, the following applies to consumers.
Right of revocation:
Cancellation Policy:
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of revocation, you must notify us,
NÜRBÜRGRING eSports GmbH
Otto-Flimm-Strasse
53520 Nürburg
Phone: +49(2691)302-9935
E-Mail:hello@nuerburgring-esports.com
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory. You can electronically fill out and submit the model withdrawal form or another clear declaration on our website. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged any fees because of 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will 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 testing the condition, properties and functioning of the goods.
8. period of validity vouchers
The validity period 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.
9 Liability
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 fulfillment 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 according to the aforementioned paragraph, this also applies to the liability of its vicarious agents of NÜRBURGRING eSports.
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 https://www.nuerburgring-esports.com/de/datenschutz.
11. final provisions, arbitration board
All declarations transmitted within the framework 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 in the internet offer of NÜRBURGRING eSports 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 Federal Republic of Germany, 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.
If the customer is an entrepreneur or a merchant in the sense of the German Commercial Code, Koblenz is the exclusive place of jurisdiction for all disputes arising from the contract with NÜRBURGRING eSports and its effectiveness and these GTC.
The European Commission provides a platform for online dispute resolution (OS), which can be found here: http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes. NÜRBURGRING eSports is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.