Terms and Conditions
Racesquare Holding B.V.
Branch number 000044209819
1175 KV Lijnden
The holding company of and acting for;
Racesquare Netherlands B.V.
Branch number 000044211546
1175 KV Lijnden
Racesquare Utrecht B.V.
Branch number 000044213166
Hertogswetering 171 A Unit 184
3543 AS Utrecht
Racesquare Circuit Zandvoort BV
Branch number 000049117491
Burgemeester van Alphenstraat 108
Circuit Park Zandvoort Beheer BV
Branch number 0000018389694
Burgemeester van Alphenstraat 108
Racesquare Rotterdam BV
Branch number 000049861182
Cor Kieboomplein 515
3077 MK Rotterdam
Glowgolf de Kuip BV
Branch number 000034519238
Cor Kieboomplein 513
3077 MK Rotterdam
Racesquare Alkmaar BV
Branch number 000051091593
1823 CJ Alkmaar
Racesquare Zwolle BV
Branch number 000052609626
8025 CP Zwolle
Deze algemene voorwaarden zijn gedeponeerd bij de Kamer van Koophandel.
Article 1 Definitions
1.1 General Terms and Conditions: these present general terms and conditions, regardless of the form in which they are made known (for example, through the website), hereinafter referred to as GT&Cs.
1.2 Termination: the written notification that one or more agreed-upon products and/or services will not be used in full or in part, or that the Agreement will not be fully or partially executed. Digital services and/or products are also part of this.
1.3 Visitor: the (legal) person who enters the premises and/or buildings or space of Racesquare, the (legal) person to whom Racesquare’s offer is directed, with whom Racesquare has concluded an Agreement, or on whose behalf the (legal) act is/will be performed, including the parent(s)/legal representative(s) of the minor who uses a product and/or service of Racesquare.
1.4 Group: multiple individuals to whom Racesquare delivers one or more products and/or services under one or more considered related Agreement(s).
1.5 Agreement: any commitment with Racesquare under which Racesquare provides services and/or products to the Visitor.
1.6 Racesquare: the abbreviation of the trade name of Racesquare B.V. registered in the trade register under number 76417719.
1.7 With regard to these definitions, it should be read in accordance with the brochures and available information on the Racesquare website at https://www.racesquare.com.
Article 2 Applicability
2.1 Contrary to Article 6:225 paragraph 3 of the Dutch Civil Code (BW), the GT&Cs apply to and are part of all negotiations, offers, quotations, purchases, Agreements, and other legal actions concerning the products and/or services of Racesquare.
2.2 If the Visitor, company, or institution uses other general terms and conditions that could be applicable to the Agreement, they will be expressly rejected by Racesquare. The Racesquare GT&Cs prevail, even if the Visitor’s conditions contain a similar precedence provision. Every Agreement is entered into on the condition that Racesquare is entitled to suspend and/or terminate it if the GT&Cs do not apply.
2.3 Deviations from the GT&Cs and/or the Agreement(s) are only valid if expressly confirmed in writing by Racesquare. If deviations from the GT&Cs and/or Agreement are made on one or more points and/or Racesquare implements deviations from the GT&Cs and/or Agreement, the other conditions will remain in full force.
2.4 Once the GT&Cs have been declared applicable to a specific Agreement, the latest version of the general terms and conditions is deemed applicable to all subsequent Agreements between the same Visitor and Racesquare, unless agreed otherwise in writing.
2.5 The possible (in)validity of part of the Agreement and/or part of the GT&Cs does not affect the validity of the remaining part of the Agreement and/or the GT&Cs. In place of the non-valid part, the agreement will be deemed to include what would have been agreed upon in a legally permissible manner if the parties had known of the non-validity.
2.6 The GT&Cs apply to the catering services provided by Racesquare, to which the uniform conditions for the hotel and catering industry (UVH) declared at the court and the Chamber of Commerce and Factories in Woerden by Racesquare are also applicable.
2.7 In all matters where an Agreement, the GT&Cs, or the uniform conditions for the hotel and catering industry (UVH) do not provide, the management of Racesquare or, in the absence of the management, its authorized representative shall decide.
2.8 By entering the premises and buildings of Racesquare, making a payment at the cashier, making a reservation, making an online purchase, entering into an Agreement with Racesquare, and/or using (any of) the products and/or services of Racesquare, the Visitor automatically agrees to the content and applicability of the GT&Cs.
2.9 In the event of a conflict between the GT&Cs and the informational material used by Racesquare (such as the website, brochures, and/or leaflets), it is at the discretion of the management of Racesquare to determine which provision prevails.
Article 3 Conclusion (and amendment) of an Agreement
3.1 An Agreement is concluded by making a reservation through the website or by the acceptance by the Visitor of an offer/quotation made by Racesquare, or by the acceptance by Racesquare of a request from the Visitor to provide a product and/or service, or by the performance thereof by Racesquare.
3.2 If, in the acceptance by the Visitor of an offer/quotation made by Racesquare, reservations or changes to the offer have been made, the Agreement will only be concluded, in deviation from Article 3.1, when and as soon as Racesquare has confirmed in writing to the Visitor its agreement to these deviations from the offer, or when Racesquare proceeds to execute the amended Agreement.
3.3 Reservations can be made in person (at the counter), by phone, or in writing (online). Telephone reservations are valid after they have been confirmed in writing by Racesquare. Conditions may be attached to the reservation, such as completing a reservation form. After confirming the reservation, the Visitor is obligated to pay the amount of the Agreement or a down payment of 50%, unless otherwise determined by Racesquare.
3.4 Any changes and/or additions to the Agreement also expressly apply to what is provided in Article 3.1 and 3.2.
3.5 The application of Article 7:404 BW – on the personal performance of the assignment – and Article 7:407 paragraph 2 BW – on joint and several liability in the case of multiple contractors – is excluded.
Article 4 General Obligations of Racesquare
4.1 The opening hours, offers, rates, and other matters mentioned in the materials issued by Racesquare, documentation, and/or information provided by telephone and the internet, are subject to change and may be changed by Racesquare. Racesquare is, notwithstanding the provisions in the following articles, obliged under the Agreement to provide the agreed-upon services at the agreed-upon times in the manner customary at Racesquare. No rights or refunds can be granted for changes in time.
The obligation in Article 4.1 does not apply in the following cases:
4.1.1 In case of force majeure on the part of Racesquare;
4.1.2 If the Visitor does not make the deposit/payment as required;
4.1.3 If the Visitor does not fully comply with his/her obligations toward Racesquare in any other way.
Article 5 Execution by Third Parties
5.1 Unless expressly agreed otherwise in writing, Racesquare always has the right to have the Agreement performed in whole or in part by a third party or third parties, in which case the GT&Cs will also apply to the said third party(ies).
Article 6 General Obligations of Visitor
6.1 Visitor must, under penalty of removal, behave in accordance with the applicable house rules, which can be obtained at the reception at the time of presence and/or are listed on the Racesquare website, and follow the instructions of (the staff of) Racesquare.
6.2 Persons other than the instructor associated with Racesquare are not allowed to provide instruction, training, or coaching in the race areas of Racesquare without prior written consent from the management of Racesquare or its authorized representative.
6.3 Visitor is required to familiarize themselves with the instructions ‘Rules of the Game’ provided by Racesquare before the start of the activity.
6.4 Visitor must always follow instructions from (the staff of) Racesquare and is prohibited from acting in violation of any prohibition or warning. Additionally, it is prohibited for Visitor to use or participate in Racesquare’s activities while under the influence of alcohol and/or narcotics before entering Racesquare. When Visitor uses an arrangement with a second race, Racesquare may make an exception. In case of inappropriate behavior, the management staff of Racesquare has the right to refuse Visitor access to the grid. See also our house rules.
6.5 Any damage, theft, or accidents must be reported immediately by Visitor to Racesquare. If applicable, the damage report must be fully completed and in the possession of Racesquare no later than three weeks after the incident that caused the damage.
6.6 Visitor is liable for all damage – in any form and for any reason whatsoever – suffered by Racesquare if Visitor does not (properly) fulfill their obligations. Racesquare may charge the incurred costs to Visitor.
Article 7 Obligations of Visitor Regarding Space Rental
7.1 An option for one or more spaces managed by Racesquare is non-binding and can remain in place until another party wishes to book. Racesquare will then immediately contact the first option holder, who then has 2 working days to convert the option into a definitive booking or let it lapse.
7.2 The rental only includes the space(s) described in the Agreement. Visitor must adhere to the start and end times mentioned in the Agreement. Time required for setup, decoration, and/or testing of equipment begins at the time the space is rented. If Visitor wishes to use the described space(s) for a longer or shorter period, this may only be done with the consent of Racesquare and based on availability, and Racesquare may charge additional costs for this.
7.3 An Agreement regarding space rental can only be terminated in writing. Visitor who terminates the Agreement, for whatever reason, owes Racesquare a fee as specified in Article 12.4.
7.4 Visitor must ensure that no damage is caused to the building and to the items present in and around the building. Visitor must return the space(s) to Racesquare in the same condition as they were found at the end of the rental period. Visitor is responsible for ensuring that all contracted suppliers and facility companies comply with this provision.
7.5 Racesquare has the right to repair damage to walls, floors, and/or other materials and places in the rented space(s) and to the items therein at the expense of Visitor, insofar as the damage occurred during the use of the respective space(s) by Visitor or is directly related thereto.
7.6 It is not allowed to scatter rice, confetti, or other materials or to set off fireworks inside or outside the building, unless otherwise agreed in writing. Visitor must ensure compliance with this rule. In case of violation, any resulting damages, including cleaning costs, will be charged to Visitor.
7.7 The rental of space(s) can be combined with other catering facilities. A request to use another catering facility alongside the rental of a space must be submitted in writing to the management of Racesquare simultaneously with the reservation of the room and can only be granted based on availability.
7.8 The number of persons provided by Visitor is binding. Up to five working days before the start of the rental, the number of persons can be changed, provided that the total does not deviate by more than 15% from the reserved number of persons. If it appears that Racesquare must provide services to more persons than agreed, Racesquare is entitled to either accept the delivery to these persons at a surcharge determined by Racesquare or to refuse delivery to more persons than agreed.
7.9 In any form of publicity regarding a meeting or event, Visitor must indicate that the meeting for which they rented the space at Racesquare is rented at the initiative of Visitor. Racesquare may only be mentioned as the location of the meeting unless otherwise agreed in writing.
7.10 Visitor is obligated to ensure that no recognizable visitors and/or employees of Racesquare are used for any form of publicity when recording video footage without the express written consent of Racesquare and the individuals involved.
7.11 Racesquare is in no way responsible or liable for any damage to or loss and theft of clothing and/or other items present in the cloakroom (unless manned by Racesquare) or other space(s).
Article 8 Activities of Racesquare
8.1 Visitor explicitly understands and agrees that they are aware that Simulation (sim) racing or other games and related activities can involve risks to health and may result in damage to property and/or physical injury.
8.2 Visitor who participates in Racesquare’s activities must have a normal condition and good health. If Visitor is taking medication or has or had physical limitations that could affect their normal condition and/or health, they must inform Racesquare before the start of the activity. Racesquare reserves the right to exclude Visitor from participation. If Visitor fails to provide relevant information about their condition and/or health to Racesquare, any risks associated with participation are entirely the responsibility of Visitor. In the event that Racesquare becomes aware of Visitor’s failure to provide information, Racesquare is authorized to deny Visitor access to Racesquare or impose sanctions on Visitor (determined by Racesquare).
8.3 It is strictly forbidden, under penalty of removal, to bring drinks, sweets, food, and/or tobacco products into the Race areas. Visitor is required to use the materials provided by Racesquare in a timely and careful manner and return them in good condition. Visitor is liable for any damage to the provided material.
Article 9 Arrangements
9.1 To be eligible for special group and/or package rates, a minimum number of persons, as stated in the current brochures or brochures at that time, must be met. If the number of persons is lower, the normal rates applicable at that time apply.
9.2 Adding numbers to a group activity and/or arrangement is possible, but only based on availability.
9.3 All group and/or package rates include the necessary equipment. If a confirmation (in any form) has been sent by Racesquare to Visitor regarding a group reservation, and Visitor fails to show up, Visitor is still obligated to purchase the service/product from Racesquare. If Visitor fails to do so, Visitor is required to pay the cancellation fee, as per Article 12.4.
Article 10 Gift Cards, Vouchers, Coupons, and Discount Vouchers
10.1 A gift card is defined as a voucher that can be obtained from Racesquare for payment and is intended to be used as payment for the purchase of (certain) products and/or services.
10.2 A voucher is defined as a credit note issued by Racesquare or its cooperating partners, intended to be used as payment for the purchase of (certain) products and/or services, valid only for the specific products and/or services mentioned on it.
10.3 A discount voucher is defined as a voucher issued or provided by Racesquare, intended to be used as (partial) payment for the purchase of (certain) products and/or services, valid only for the specific products and/or services mentioned on it.
10.4 A coupon is defined as a voucher issued by Racesquare, intended to be used as (partial) payment for the purchase of (certain) products and/or services, valid only for the specific products and/or services mentioned on it.
10.5 Gift cards must be paid in full in advance unless otherwise agreed with Racesquare.
10.6 Gift cards can be used for the products and/or services of Racesquare that are currently available in brochures or on the Racesquare website.
10.7 Refunds in cash for gift cards, vouchers, value coupons, and discount vouchers are not possible.
10.8 Issued gift cards, vouchers, value coupons, and discount vouchers are valid for the period indicated on them and automatically lose their validity after the expiry of the respective period. After the expiry of the respective period, Visitor cannot claim any rights based on these gift cards, vouchers, value coupons, and discount vouchers.
10.9 Extension of the validity period of a gift card, voucher, value coupon, and discount voucher is explicitly reserved for the management or authorized representative of Racesquare and will only be considered upon written request to the management, provided that this request reaches the management before or no later than the expiration date indicated on the gift card, voucher, value coupon, and discount voucher.
10.10 The gift cards, vouchers, value coupons, and discount vouchers indicate in words and, if possible, in figures for which type of ticket or arrangement the voucher is valid.
10.11 Multiplying, editing, or modifying gift cards, vouchers, value coupons, and discount vouchers is not allowed. In case of violation of the aforementioned or fraudulent handling of the gift card, voucher, value coupon, and discount voucher in any other way, Racesquare reserves the right to refuse the gift card, voucher, value coupon, and discount voucher and to take (legal) action against the offender without prior notice.
Article 11 Personal Data
11.1 The data of Visitor will be recorded by Racesquare in a database for the execution of the Agreement with Visitor, with prior consent through the opt-in. Additionally, this is done to keep Visitor informed about offers of products and/or services of Racesquare. If Visitor does not wish to be kept informed about such offers, they can contact Racesquare in writing, and Visitor’s data will be removed upon request. Addresses from the Customer Database will not be provided to third parties or unaffiliated (legal) persons but will only be used by Racesquare and its affiliated companies. See our privacy statement for more information.
11.2 For safety reasons, Racesquare uses video cameras. The images from these cameras will be kept for some time for safety purposes and will never be used for other purposes, provided prior notice.
11.3 Racesquare is entitled to take photos during activities offered by it, which may be published on its website and for promotional purposes, with prior written notice to Visitor. If Visitor objects to this, they can report this in writing to Racesquare before participating in the activity.
Article 12 Cancellation
12.1 Cancellation of an online reservation is not possible. There will be no refund of money unless otherwise agreed in writing.
12.2 Failure to attend or being late is at the expense of the Visitor.
12.3 When Visitor has made a reservation for one of the activities within Racesquare and Visitor is not present at the reserved activity on time, Racesquare is entitled to refuse Visitor access to the activity and Visitor is required to pay the full amount of the Agreement to Racesquare.
12.4 When a reservation is made for a Group other than through the online reservation system, the following percentages of the reservation value that must be paid by Visitor to Racesquare in case of cancellation apply:
12.4.1 Table of percentage costs upon cancellation.
Time of Cancellation
Percentage of Costs Compared to Reservation Value
2 months before commencement
1 month before commencement
14 days before commencement
7-14 days before commencement
Less than 7 days before commencement
Article 13 Suspension and Termination
13.1 Racesquare is entitled to suspend the execution of the Agreement if the Visitor defaults on their payment obligation(s) or fails to provide security or otherwise breaches one or more of their obligations towards Racesquare. In such a case, Racesquare is also entitled to terminate the Agreement and/or claim full compensation, without prejudice to any other rights accruing to Racesquare in that case.
13.2 If the force majeure period, as described in Article 20 of the GT&C, lasts longer than fourteen days, the Visitor has the right to extrajudicially terminate the Agreement without any obligation for Racesquare to compensate any damage suffered by the Visitor as a result of such termination, and without any penalty being due. The Visitor is obligated to pay for all products and/or services provided by Racesquare to the Visitor until the time of termination.
Article 14 Deposit and Interim Payment
14.1 At any time, Racesquare may require the Visitor to deposit or have deposited with Racesquare a deposit equal to the amount of the Agreement, minus any payments already made by the Visitor.
14.2 Racesquare may require a down payment of 50% or interim payments.
14.3 If a turnover guarantee has been given, the Visitor is obliged to pay Racesquare at least the amount specified in the turnover guarantee for the relevant Agreement(s).
Article 15 Liability of Racesquare
15.1 Racesquare is never liable for any damage suffered by the Visitor and/or third parties unless the damage is the direct result of willful intent or gross negligence on the part of Racesquare employees. Racesquare is not liable for damage caused by its agents, as referred to in Article 6:76 of the Dutch Civil Code.
15.2 The Visitor expressly understands and agrees that the services and/or products offered by Racesquare may involve health risks and may result in damage to goods and/or physical injury.
15.3 Entry into the premises and buildings of Racesquare is entirely at the Visitor’s own risk. Racesquare is not liable for injuries and/or damage that occur during the Visitor’s stay at Racesquare, regardless of the cause, unless there is willful intent or gross negligence on the part of Racesquare.
15.4 Racesquare is not liable for theft, loss, damage, and/or loss of the Visitor’s goods, even in cases where lockers are used. The Visitor indemnifies Racesquare against any claims in this regard. This provision does not apply if the damage or loss is due to the willful intent or gross negligence of Racesquare.
15.5 Racesquare’s liability to the Visitor, regardless of the cause, is limited to the amount of the Agreement exclusive of VAT. In any case, liability is limited to the amount that Racesquare’s liability insurance pays, plus the applicable deductible.
15.6 Liability of Racesquare, to the extent it falls outside the coverage of insurance taken out by Racesquare, is excluded.
15.7 Racesquare is never liable for consequential or business damage resulting from a possible failure to fulfill the Agreement, unless this damage falls under the coverage of the insurance taken out by Racesquare.
15.8 Except in case of willful intent or gross negligence on the part of Racesquare, the Visitor shall indemnify Racesquare against all claims and claims by third parties, regardless of the cause, for compensation for damage, costs, and/or interest related to the Agreement.
15.9 The exclusion or limitation of liability resulting from this article and the corresponding obligation to indemnify also applies to the staff of Racesquare and other agents, whether or not under its direct supervision, involved in the execution of the Agreement, as well as to any advisers engaged by Racesquare.
Article 16 Liability of the Visitor
16.1 The Visitor and those accompanying him/her are jointly and severally liable for all damage suffered by Racesquare and/or any third party as a direct or indirect result of a failure and/or tort, including a breach of the house rules, committed by the Visitor and/or those accompanying him/her, as well as for all damage caused by any animal and/or substance and/or object in the Visitor’s possession or under his/her supervision.
16.2 The Visitor is responsible and liable for insuring against the risks associated with participating in activities at Racesquare.
Article 17 Reservations and Rates
17.1 All prices mentioned by Racesquare in issued brochures, leaflets, and on the internet are subject to change.
17.2 The rates charged by Racesquare for courses, lessons, packages, and/or services are inclusive of VAT and per person unless otherwise stated.
17.3 The rate is based on normal working hours in accordance with legal provisions. In the event of deviations from normal working hours, at the discretion of Racesquare, Racesquare is entitled to increase the agreed fee at a rate to be determined by Racesquare.
17.4 Racesquare does not provide discounts on offers, promotions, gift cards, and discount coupons (no discounts on discounts). The so-called “specials” are considered as offers.
17.5 Group and/or package rates must be paid to Racesquare by one person on behalf of the Group or package.
17.6 In case of exceeding the time for participating in activities at Racesquare, charges will be incurred from the first minute beyond the scheduled time at the regular rate, without any discount.
17.7 Racesquare is entitled to increase the agreed fee if one or more of the following circumstances occur after the conclusion of the Agreement, even if this price increase was foreseeable at the time of the offer: an increase in the costs of materials, semi-finished products, or services required for the execution of the Agreement, wages, employer’s contributions, social security contributions, other labor costs, the introduction of new and/or existing government levies, import and export duties or other duties and/or taxes in the Netherlands and abroad, or, in general, circumstances similar thereto. If the fee increases by less than 10%, the Visitor does not have the right to terminate the Agreement. In case of an increase in the fee by more than 10%, the Visitor has the option to terminate the Agreement or proceed without the right to (damage) compensation.
17.8 If extra costs are incurred during the execution of the Agreement or if there are additional risks for Racesquare, Racesquare may charge an additional fee in proportion to these risks and costs.
Article 18 Quotations
18.1 If Racesquare makes an offer, it is non-binding and valid for 14 days or up to one month before the event at the latest. After this period, the offer and the prices included therein expire unless stated otherwise in the offer.
18.2 Upon acceptance of a non-binding offer, Racesquare reserves the right to revoke or deviate from the offer within three working days after receiving the acceptance. In case Racesquare exercises its right to deviate from the offer, it will notify the Visitor in a timely manner (in writing).
18.3 Oral promises are binding on Racesquare only after they have been explicitly confirmed in writing and/or implemented.
18.4 Confirmed written offers are binding and cannot be deviated from, unless otherwise agreed in writing.
18.5 In the case of a composite quotation, there is no obligation for Racesquare to deliver a part of the products or services included in the offer for a corresponding part of the quoted price.
Article 19 Payments
19.1 Unless agreed otherwise in writing, Racesquare may require the Visitor to pay a down payment of up to 50% or the full amount for the confirmed number of persons in advance of the event.
19.2 The Visitor must check the receipt or invoice and any change immediately upon payment. If the Visitor does not raise immediate objections, later complaints by Racesquare will not need to be addressed. Any claim expires if it has not been complained of immediately and/or if no legal action has been taken within one year of the complaint.
19.3 Group and/or package rates can be paid with value, discount, and/or gift cards, provided that they have the same value as the relevant group and/or package rate.
19.4 If the Visitor makes a reservation for a Group and/or package, all members of the Group and/or package are jointly and severally liable for all amounts owed to Racesquare by any of them or all of them, regardless of the cause. By appearing, the Visitor indicates that the person acting on behalf of the Group or package was authorized to represent the Group or package when entering into the Agreement.
19.5 Additional charges may apply for special services, such as the use of lockers, safes, phones, internet, TV rental, etc., by Racesquare.
19.6 As long as the Visitor has not fully complied with their obligations towards Racesquare, Racesquare is entitled to take and hold all goods brought on-site by the Visitor until the Visitor has satisfied Racesquare to its satisfaction.
19.7 If payment other than immediate payment has been agreed, all invoices, regardless of the amount, must be paid to Racesquare within fourteen days of the invoice date. Racesquare always uses the invoice date as the shipping date and cannot guarantee the delivery date if sent by mail. If an invoice is sent, Racesquare is at all times entitled to charge a credit restriction surcharge of 2% of the invoice amount, which expires if the Visitor pays the invoice in a timely manner.
19.8 If and to the extent that timely payment is not made, the Visitor is in default without any notice of default being required. Only if the Visitor is a natural person (consumer), Racesquare will send a notice of default with a minimum period of 14 days for payment in case of non-payment.
19.9 In the event of default, Racesquare is entitled to charge the Visitor 10% of the invoice amount, with a minimum of €1,000.00 (one thousand Euros), plus the additional costs incurred for extrajudicial collection of the invoice, or, if the Visitor is a consumer within the meaning of the law, extrajudicial collection costs will be charged in accordance with Article 6:96, paragraph 4, of the Dutch Civil Code.
19.10 In case of exceeding the payment term, the Visitor is automatically in default without any notice of default being required, and the Visitor owes Racesquare contractual interest of 2% per month on the unpaid part of the invoice, calculated from the due date up to the date of payment. A part of a month is considered a whole month.
19.11 Racesquare is entitled, before starting the execution of the Agreement or continuing the Agreement, to demand payment or a down payment in advance. The Visitor’s refusal to make the requested payment entitles Racesquare to terminate the Agreement, without prejudice to its right to claim compensation for any damage suffered by it.
Article 20 Force Majeure
20.1 Force majeure on the part of Racesquare includes, among other things, strikes, problems with the equipment required for the Agreement, suppliers of Racesquare failing to meet their obligations towards Racesquare, calamities at Racesquare, such as fire or activation of the fire alarm, absenteeism of staff, traffic obstructions, and adverse weather conditions.
20.2 If the activity cannot be performed, or can only be partially performed, due to technical malfunctions or other reasons related to the safety of the Visitor, the Visitor is not entitled to compensation, unless there is willful intent or gross negligence on the part of Racesquare. In the latter case, the Visitor will receive a voucher. Refund by Racesquare of the already paid amount is excluded.
20.3 If one of the Parties to the Agreement is unable to meet any obligation arising from that Agreement, he/she must notify the other Party of this as soon as possible.
20.4 Racesquare is not liable if and insofar as it is unable to fulfill its obligations as a result of force majeure. In no event is Racesquare obliged to pay any penalty and/or damages.
20.5 In case of force majeure, Racesquare has the right to terminate the Agreement in whole or in part, or to suspend its execution, without being obliged to pay any compensation and/or penalty.
Article 21 Found Objects
21.1 Objects lost or left behind in the building and its annexes of Racesquare, which are found by the Visitor, must be handed over to Racesquare without delay.
21.2 Of goods whose rightful owner has not reported to Racesquare within six months after Racesquare has received the object, Racesquare obtains ownership.
21.3 If Racesquare sends objects left behind by the Visitor to the Visitor, this is done entirely at the expense and risk of the Visitor. Racesquare is never obligated to send items.
Article 22 Other Provisions
22.1 During the periods determined by Racesquare, offers and discounts of any kind are excluded, with the exception of the offers communicated in the then applicable documents, which specifically apply to that particular period.
22.2 Information provided by Racesquare via the website is always provided subject to possible changes.
22.3 Lockers, if available, can be rented by the Visitor for a certain fee each time (a new payment is required after opening). Racesquare does not open lockers for the Visitor.
22.4 Wifi is available within the premises of Racesquare. The Visitor can use it free of charge, provided that they do not use the network to distribute spam, viruses, or illegal software, do not visit offensive websites (racist, pornographic, or violent), and do not use the network unlawfully. Racesquare is not responsible and/or liable for any damage, of any kind. The Visitor is liable for any damage – of any kind – suffered by Racesquare and/or third parties as a result of the Visitor’s use of Wifi. In addition, Racesquare is entitled, if the expressions on the internet and/or social media by the Visitor are, in the opinion of Racesquare, offensive and/or harmful, to deny the Visitor access to the premises of Racesquare, without any obligation to pay compensation, a penalty, and/or a refund of the amount of the Agreement for Racesquare.
Article 23 Applicable Law and Disputes
23.1 Dutch law applies to all agreements, quotations, order confirmations, and all resulting agreements.
23.2 All disputes that may arise will be submitted exclusively to the competent court in the place of establishment of Racesquare.
23.3 All claims of the Visitor expire after one year from the moment they arise.
23.4 If the Visitor fails to fulfill one of the obligations arising from the GT and/or Agreement, the Visitor will forfeit to Racesquare, without any notice of default being required, a fine of €1,000.00 (one thousand Euros) for each breach and a fine of €250.00 (two hundred and fifty Euros) for each day that the breach continues, without prejudice to Racesquare’s right – in deviation from Article 6:92 of the Dutch Civil Code – to claim full compensation plus costs and interest, to demand performance, and/or to enforce the other rights of Racesquare arising from the GT and/or Agreement.
23.5 If Racesquare is summoned to appear in court as the defendant by the Visitor and the Visitor is unsuccessful and/or the Visitor’s claim is rejected or only partially awarded, all legal costs incurred by Racesquare, both in and out of court (provided by whomever), will be borne in full by the Visitor.
23.6 © All rights reserved for Racesquare. The Visitor cannot derive any rights from the game version/simulation execution or simulators. Regardless of the promotional material (physical and online) used by Racesquare.