Terms and conditions of business and use

We warmly welcome you on behalf of the Sim.Racing Center Mallorca. Below you will find the General Terms and Conditions and Usage Terms. These are intended to enable you to use our racing simulators in an orderly and responsible manner. In this regard, it is necessary to inform you about your rights and obligations before concluding the contract. The conditions stated below apply as soon as a legally valid contract is concluded between you and the Sim.Racing Center Mallorca. Since all services and deliveries are based on the General Terms and Conditions and Usage Terms, please read them carefully. Additionally, the subsequently listed conditions are subject to all future agreements. This also applies if they are not explicitly determined.

§ 1 Conclusion of Contract

Booking Options Currently, there are three options for establishing a booking between you and the Sim.Racing Center Mallorca.

1a) Booking by Phone Bookings can be requested by phone. Once your desired date is confirmed by the Sim.Racing Center Mallorca or an alternative date is offered and you accept it, you will receive a confirmation of the booking request via email or SMS. By receiving the booking confirmation, you enter into a contractual relationship with the Sim.Racing Center Mallorca. If you do not receive a response to your phone inquiry, please contact the Sim.Racing Center Mallorca again.

1b) Booking by Email Booking requests to the Sim.Racing Center Mallorca are also received via email. During the correspondence, you will receive an individual offer via email. If it meets your preferences and you accept the offer, a legally valid contract arises between you and the Sim.Racing Center Mallorca.

1c) Booking via Booking Portal Exclusively On-Site Bookings made through the booking portal available on-site are considered legally binding contracts between you and the Sim.Racing Center Mallorca, provided they are confirmed by the Sim.Racing Center Mallorca.

• Short-Term Bookings Within Three Days Bookings through the booking portal generally require a lead time of three days. For short-term inquiries, please contact the Sim.Racing Center Mallorca via email or phone. Most of the time, spontaneous requests can be accommodated within an hour.
• Cancellation and Rescheduling of a Booking Bookings are differentiated as follows: individual bookings for up to three racing simulators in the center (3a), group bookings from four racing simulators (3b), and events with the transport of any number of racing simulators to a customer address (3c). According to the legal norms of § 312g paragraph 2 no. 9 of the German Civil Code, you do not have a 14-day cancellation period. This is due to the fact that you are entering into a contract for a leisure activity. Aside from the legal provisions, you have the following options to cancel a booking:

3a) Individual Bookings for Up to Three Racing Simulators You can cancel the booking in whole or in part up to three days before the date, both for yourself and the Sim.Racing Center Mallorca. No reason needs to be given. Cancel your booking using the link in the email you received as confirmation, or write the cancellation yourself by sending an email to info@simracing-mallorca.es. In the unlikely event that your appointment is canceled by the Sim.Racing Center Mallorca, you will be informed via email or phone. If the cancellation occurs less than 72 hours before the scheduled time, the Sim.Racing Center Mallorca may charge you up to 50% of the requested service.

3b) Group Bookings from Four Racing Simulators The cancellation or rescheduling of the booking can be done by you or the Sim.Racing Center Mallorca up to seven days before the agreed date. No reason needs to be given. Cancel your booking using the link in the email you received as confirmation or write the cancellation yourself by sending an email to info@simracing-mallorca.es. In the unlikely event that your appointment is canceled by the Sim.Racing Center Mallorca, you will be informed via email or phone. If the cancellation occurs less than seven days before the scheduled time, the Sim.Racing Center Mallorca may charge you up to 50% of the requested service.

3c) Events with Transport of Any Number of Racing Simulators to a Customer Address For cancellations of bookings where one or more racing simulators are booked for events outside the company’s own center, the following costs apply:

• Cancellation up to 24 hours before the event start: 90% of the contract price
• Cancellations within 24 hours up to seven days before the event start: 70% of the contract price
• Cancellations within seven days up to 14 days before the event start: 50% of the contract price
• Cancellations within 14 days up to 21 days before the event start: 25% of the contract price
• Cancellations within 21 days up to 30 days before the event start: 10% of the contract price
• Cancellations made earlier than 30 days before the contract start are free of charge. However, the arrangement of an alternative date is preferred.

§ 2 Usage

The following statements form the basis of the usage conditions and will be explicitly stated below.

Consent to the General Terms and Conditions Prior consent to the General Terms and Conditions and the usage conditions is mandatory for the use of the racing simulators.

• Driving Time Upon concluding a legally valid contract, you have the right to use the racing simulator for the agreed duration.

Safety Your safety is of utmost priority. For this reason, the use of the racing simulators is only permitted while wearing the available safety belts. Additionally, protective gloves must be worn during the ride. These can be borrowed free of charge at the center or brought from home. The protective gloves will be cleaned according to the applicable hygiene regulations after use.

• Entering and Exiting the Racing Simulators Entering and exiting the racing simulators is only allowed from the left side, which is opposite the gear knob. Leaning on the steering wheel or the three monitors located in the driver’s cabin is strictly prohibited. The metal frame located to the left and right of the steering wheel and the seat can be used as assistance for entering and exiting.

Loose Items and Hair Loose items protruding over the bucket seat are not allowed during the ride. This includes, for example, long hair as well as clothing. Additionally, objects in your pockets, such as phones or keys, may negatively affect the driving experience and must therefore be removed before driving.

Food and Beverages The consumption of food and beverages is prohibited during the use of the racing simulator.

Instructions from Staff Instructions from staff must be observed and followed. They enable everyone to enjoy unrestricted driving pleasure. If you notice any damage or malfunction while operating the racing simulator, please inform the staff immediately.

Physical Impairments By entering into the usage contract, you assure that you do not suffer from any physical impairments that would contradict the use of the racing simulators. This includes, in particular, cardiovascular diseases, as well as the presence of alcohol, drugs, or medications in your blood that limit physical performance.

Use at Your Own Risk Entering the center, staying there, and using any services or activities are at your own risk. The Sim.Racing Center Mallorca assumes no liability for damages arising from the use of the racing simulators, except for damage events that have been deliberately or grossly negligently caused by the Sim.Racing Center Mallorca.

Exclusion from Usage If you use a racing simulator in a reckless manner or with gross negligence, this will result in an immediate prohibition of further use. By concluding the contract, you agree to settle damages caused by the unlawful use of the racing simulators. This regulation also applies to persons who are not contractual partners of the Sim.Racing Center Mallorca but use a racing simulator.

Minimum Age/Height To drive the racing simulator, you must have reached the age of 14 and have a minimum height of 1.60 m. Minors are only permitted to use the aforementioned simulators when accompanied by a person with parental authority. This does not apply if the guardians have signed the usage conditions in the center. In such cases, minors can use the racing simulators upon payment of the corresponding fee.

Membership By signing the conditions, each customer or participant enters into a membership for an indefinite period. The aforementioned individuals are subsequently entitled to drive the racing simulators upon payment of a usage fee. The subject of the membership is the liability waiver statement on the reverse side, which is expressly acknowledged and accepted with the conclusion of the contract for the duration of the membership.

Data Processing You agree that the Sim.Racing Center Mallorca stores and processes your personal data. For this purpose, software from third companies may be used. They will not use or transmit your personal information for advertising purposes. The privacy policy is referenced.

§ 3 Smoking Ban

A strict smoking ban applies in the center. Smoking is only permitted in front of the entrance of the center. Suitable ashtrays will be provided.

§ 4 Obligations of the Sim.Racing Center Mallorca

The Sim.Racing Center Mallorca aims to adapt the services offered to technical progress. The racing simulators and their components are subject to normal wear and tear. Temporary defects and damage cannot be avoided despite thorough inspection and maintenance. For this reason, failures of the racing simulators do not entitle you to withdraw from the contract. If the agreed usage time cannot be maintained by the Sim.Racing Center Mallorca, you acquire a compensatory claim. The use of the agreed services can be made up at a later date. You agree not to assert any claims for damages from third parties against the Sim.Racing Center Mallorca.

Individually created service offerings by the Sim.Racing Center Mallorca are valid deviating from the standard regulations. The risk for this is borne by you. Your personal preferences and wishes must be documented in writing. They will only become legally effective and non-binding with the signing of the contract by the Sim.Racing Center Mallorca.

§ 5 Legal Basis and Jurisdiction

Spanish law will apply. The competent jurisdiction will be the company’s headquarters in Mallorca.

§ 6 Changes to the General Terms and Conditions

The Sim.Racing Center Mallorca can expand or change the General Terms and Conditions and the usage conditions at any time. A reasonable period must be observed. The changes will become effective if you do not object to them within two weeks of their publication on the internet. If you object within the specified period, the Sim.Racing Center Mallorca reserves the right to terminate the contractual relationship after two weeks.

§ 7 Severability Clause

Should individual components of the General Terms and Conditions or the usage conditions be wholly or partially ineffective or null and void, you agree that the remaining agreements remain unaffected. In this case, the Sim.Racing Center Mallorca and you commit to agree on a legally effective provision that corresponds wholly or partially to the meaning and purpose of the original regulation.