General Terms & Conditions (GTC)

A. General Terms

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1. Scope

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Racing Unleashed AG, Switzerland (CHE-469.636.256) (Racing Unleashed or RU) develops and operates racing simulators, operates racing lounges, and provides related products, services, events, and digital media content.

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These General Terms and Conditions (GTC) govern the legal relationship between Racing Unleashed or one of its group companies and its customers (Customer) with regard to all services, products and other offerings provided by Racing Unleashed or a group company to the Customers (Offerings).

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The Offerings covered by these GTC are especially the following services and products:

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OFFERINGS AT THE PREMISES OF RACING UNLEASHED OR ITS GROUP COMPANIES:

• Rides in Racing Unleashed simulators
• Food & beverage offering in the Racing Unleashed racing lounges
• Events in Racing Unleashed racing lounges

Products:

• Merchandise products (t-shirts, caps etc.)
• Technical equipment incl. simulators
• Software

Other Offerings:

• Memberships
• Vouchers
• Further services or products as offered from time to time by Racing Unleashed or its group companies.

The legally binding description of the specific Offerings is outlined in the Offering Specific Terms (Section B) of these GTC. Any information provided on the website(s) of Racing Unleashed or its group companies serves solely for informational purposes. Such details are not legally binding on Racing Unleashed or its group companies unless explicitly stated within these GTC.

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2. Contractual Partner

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The contractual partner of the Customer under this GTC is defined in Annex 1 – Contractual Partner.

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If these GTC refer to the term Company this means the contractual partner of the Customer for the specific Offering (Company and Customer together Parties, individually Party).

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3. Structure of these GTC

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The first Section A of these GTC consists of the General Terms governing all Offerings in all countries.

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In the Offering Specific Terms (Section B) specific terms and conditions for the purchase of specific Offerings are defined (such as refund policies etc.).

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In the Country Specific Terms (Section C) specific terms and conditions for the purchase of Offerings in specific countries and/or for the purchase from a group company in a specific country are defined.

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If not specified otherwise under the Offering Specific Terms (Section B) and/or the Country Specific Terms (Section C) (together Specific Terms) the General Terms of this Section A apply.

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4. Conclusion and integral parts of the Agreement

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The Offerings can be purchased in a lounge or other physical premises of Racing Unleashed (Racing Unleashed Lounge) or online via the website(s) of Racing Unleashed or one of its group companies (Website).

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The agreement between the Company and the Customer (Agreement) is concluded a) by using or ordering an Offering in a Racing Unleashed Lounge by the Customer, b) by ordering an Offering by the Customer through the Website (e.g. via clicking corresponding checkboxes and/or purchase button during the login and/or order process) and – if indicated on the Website - acceptance of such order by the Company (e.g. confirmation e-mail), c) by accepting an order form, offer or similar document of the Company by the Customer, d) by concluding a written agreement between the Parties, or e) at latest when the Customer starts using an Offering.

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If a natural person is acting on behalf of a legal entity, such natural person confirms that a) he/she has full legal authority to bind the legal entity (e.g. its employer) to the Agreement; and b) he/she agrees to the GTC on behalf of the legal entity. If a natural person is acting for itself, the natural person confirms that he/she a) is at least 18 years; or if he/she is younger than 18 years, he/she has the legally valid consent of its legal representatives to conclude the Agreement; and b) he/she agrees that he/she has read, understood and is bound to the GTC.

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The GTC (Sections A to C) and all annexes referred to in these GTC are integral part of the Agreement. General terms and conditions of the Customer shall only become part of the Agreement if they are explicitly accepted in writing by the Company.

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5. Place of Performance

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The place of performance is for Offerings purchased in a Racing Unleashed Lounge at the place of the Racing Unleashed Lounge. For all other Offerings the place of performance is at the seat of the Company if not specified otherwise in the Specific Terms or a separate agreement.

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6. Price and Payment

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The prices for the Offerings are defined by the Company either on the Website or in the Racing Unleashed Lounge or as otherwise provided by the Company (e.g. in an offer or order form).

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All prices for the Offerings shall be as stated in the respective Racing Unleashed Lounge or on the Company’s official website at the time of purchase. The Company reserves the right to alter pricing at any time, with such changes becoming effective immediately upon publication.

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Prices indicated in offers or order forms of the Company are based on the information provided by the Customer and known to the Company. The Company may adjust the price in case of newly discovered circumstances, additional requirements of the Customer or similar.

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Any discounts or promotions are offered at the sole discretion of the Company and may be changed at the Company’s sole discretion. Discounts and promotions cannot be accumulated.

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If not defined otherwise prices are stated in Swiss Francs (CHF) and excluding VAT. Shipping and delivery costs are excluded unless otherwise specified.

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If not defined otherwise in the Specific Terms or a separate agreement between the Parties, all payments are due before performance of the Offering by the Company (and before shipping).

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Invoices have to be paid within 14 days after the invoice date. In case of late payment, the Company may charge 10% interest on the outstanding amount per year.

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7. Online Ordering Procedure

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When ordering an Offering through the Website the Customer shall place its order as indicated on the Website.

The order of the Customer will be reviewed by the Company. If not indicated otherwise the Agreement is concluded by placement of the order by the Customer. If indicated accordingly on the Website, the Agreement is only concluded if and when the Company accepts the order (e.g. by sending a confirmation e-mail). The Company reserves the right to decline an order at its sole discretion.

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Physical products will be dispatched to the address specified by the Customer. Delivery to PO boxes will not be allowed. If not indicated otherwise delivery will only be made after receipt of the full payment.

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8. Term and Termination

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The Agreement starts with the conclusion of the Agreement according the Chapter 4 of this Section A and automatically ends when the performance of the Offering by the Company has been concluded.

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For unlimited Agreements the termination conditions according to the Specific Terms apply. If not defined in the specific terms the notice period is three months by the end of each month.

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If the Customer fails to meet contractually agreed payment deadlines or dates, the Company shall be entitled to withdraw from the Agreement with immediate effect. The Company is also entitled to withdraw from the Agreement on justified grounds or in the event of a violation by the Customer of one or more provisions of these GTC and/or the Agreement, and especially if a) force majeure or other circumstances beyond the control of the Company render fulfilment of the contract impossible; b) Offerings are purchased on the basis of misleading or false statements about material facts (e.g. the actual organizer or purpose of an event); or c) the Company has reasonable grounds to assume that entering into or performing the Agreement with the Customer may adversely affect its business operations, security, or reputation.‍ In the event of a justified withdrawal by the Company, the Customer shall not be entitled to claim compensation.

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9. Intellectual Property

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All intellectual property rights, including but not limited to copyrights, trademarks, patents, designs, know-how, and trade secrets, whether formally protected or not, in and to the Offerings, materials, software, documentation, and any other content, product or service (Intellectual Property) provided by the Company are and remain the sole property of Racing Unleashed, the Company or its licensors at all times.

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The Customer acquires no rights or licenses in the Intellectual Property except as expressly granted in writing by the Company. The Customer is strictly prohibited from copying, reproducing, modifying, distributing, reverse engineering, decompiling, disassembling, or otherwise exploiting the Intellectual Property in any manner, unless expressly permitted in writing by the Company.

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Any improvements, modifications, feedback, or suggestions provided by the Customer relating to the Offerings or the Intellectual Property shall become the sole and exclusive property of the Company, without any obligation of compensation or attribution to the Customer.

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The Customer shall not remove, alter, or obscure any proprietary notices, labels, or marks on or in the Offerings or related materials. The Customer is not allowed to use any trademarks, names, logos, slogans and other branding elements of Racing Unleashed or the Company for any purposes without the express written consent of Racing Unleashed or the Company.

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10. Data Protection

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The Company collects, processes, and uses personal data of the Customer in accordance with its Privacy Policy (as provided on the Website), as amended from time to time, and applicable law. The Customer acknowledges and agrees to the processing of their personal data as described in the Privacy Policy.

The Company reserves the right to amend the Privacy Policy at its sole discretion at any time. The Customer is responsible for regularly reviewing the Privacy Policy.

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11. Consumer Law

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The Company adheres to applicable consumer protection laws only to the extent and in cases where such laws are mandatory and cannot be contractually excluded or limited. Any rights of the Customer under consumer protection laws are hereby expressly excluded to the maximum extent permitted by law.

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The Customer acknowledges and agrees that, except where mandatory statutory provisions apply, no additional consumer rights or remedies are granted under this Agreement.

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In the event that any provision of this Agreement is found to be invalid or unenforceable due to mandatory consumer protection law, such provision shall be replaced by a valid provision that most closely reflects the economic intent of the Company, and all other provisions shall remain in full force and effect.

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12. Media, Filming and Image Rights

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The Customer acknowledges that the Company may take photographs or make video or audio recordings in the Racing Unleashed Lounges for documentation, security or marketing purposes. By entering a Racing Unleashed Lounge or participating in an Offering, the Customer consents to the use of such recordings for internal and promotional purposes of the Company, unless the Customer expressly objects prior to participation.

he Customer is only permitted to take personal, non-commercial photographs, videos or other recordings inside a Racing Unleashed Lounge with the explicit prior consent of the Company. Customers may take such photographs or recordings in the Racing Unleashed Lounges or of other Offerings provided they do not disturb operations, rights of the Company or infringe the rights of other Customers or the Company. Any creation of media material or other commercial recordings without the written consent of the Company is strictly prohibited. The Company may revoke its consent at any time if operational, safety or privacy reasons require it.

Where the Company has granted consent, the Customer may only create personal and non-commercial recordings and must ensure that such activity does not disrupt operations or infringe the rights of other Customers, the Company, or its personnel. Commercial use, publication, distribution or modification of recordings created in the Lounge is prohibited unless expressly permitted in writing by the Company.

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13. Force Majeure

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The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, pandemics, epidemics or governmental actions.

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14. Treatment of Lost or Forgotten Items

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Items left or forgotten in a Racing Unleashed Lounge will be stored by the Company for a limited period at its discretion. The Company does not assume any liability for the loss, theft or damage of items brought onto the premises by the Customer. Items not collected within the storage period may be disposed of by the Company.

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15. Sub-processors

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The Company is entitled to engage sub-processors, subcontractors, or other third parties at its sole discretion for the performance of any or all obligations under the Agreement, including the processing of personal data, without requiring the Customer’s prior consent.

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The Company assumes no liability for the acts or omissions of sub-processors, subcontractors, or other third parties, except in cases of willful misconduct or gross negligence, to the extent permitted by law.

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16. Warranty and Liability

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The Company provides the Offerings “as is” and without any warranty except as expressly stated in a separate agreement between the Parties. All statutory and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby excluded to the maximum extent permitted by law.

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The Customer waives any and all rights to warranty claims not expressly granted in the Agreement.

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The Company’s liability is strictly limited to damages caused by willful misconduct or gross negligence. Any liability for slight or ordinary negligence as well as for any auxiliary persons and the performance of sub-processors is expressly excluded. The Company shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profit, loss of data, or business interruption, even if the Company has been advised of the possibility of such damages.

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In any event, the Company’s aggregate liability under the Agreement shall not exceed the amount actually paid by the Customer for the specific Offering giving rise to the claim.

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Any further liability of the Company, on whatever legal grounds, is excluded to the extent permitted by law. Mandatory statutory liability, such as for personal injury or under the Swiss Product Liability Act, remains unaffected.

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The Customer must inspect physical products or software products as part of the Offerings immediately upon receipt and notify the Company in writing of any defects without undue delay. If the Customer fails to notify the Company within five days, the Offerings shall be deemed accepted and any warranty or liability claims are excluded.

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17. Amendments of GTC

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The Company reserves the right to amend, modify, or replace these GTC and any annexes at any time at its sole discretion, without prior notice to the Customer.

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Any amendments, modifications, or replacements shall become effective immediately upon publication on the Company’s website or upon notification to the Customer, whichever occurs first.

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The Customer is responsible for regularly reviewing the current version of the GTC. Continued use of the Offerings after the effective date of any amendment constitutes acceptance of the amended GTC.

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The Company is under no obligation to notify the Customer of any changes to the GTC.

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18. Partial invalidity

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If any provision of these GTC is found to be invalid, illegal, or unenforceable, in whole or in part, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The invalid, illegal, or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

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19. Applicable Law and Jurisdiction

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The applicable law shall be the law of the jurisdiction in which the legal entity acting as contractual partner of the Customer is domiciled (under exclusion of international conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods).

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The courts of ordinary jurisdiction at the registered seat of the contractual partner of the Customer shall have exclusive jurisdiction over all disputes arising out of or in connection with these GTC and the Agreement.

B. Offering Specific Terms

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1. Rides

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a) Description of Offering

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The Company provides access to and use of its racing simulators within its designated Racing Unleashed Lounges, as well as external locations, including pop-up venues and at third-party events (Ride). The scope, features, and availability of the Rides are determined solely by the Company and may be modified, suspended, or discontinued at any time without prior notice.

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Access to the Rides is subject to compliance with all applicable Company policies and these GTC.

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The Company does not guarantee the continuous availability or functionality of the Offerings and reserves the right to refuse service for safety or other reasons at its sole discretion.

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b) No-Show and Late Arrival

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If the Customer arrives late for a Ride, the Company may shorten the session accordingly, and the Customer shall not be entitled to a refund or rebooking. If the Customer fails to appear for a Ride, the full price remains payable. Rescheduling requests are only possible where expressly permitted by the Company and may be subject to additional fees.

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c) Safety

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Only individuals who have completed the official registration process for a ride are permitted to use the simulator rides. For participants of an event registered through external organizers, separate provisions may apply as specified by the Company (see Section B, Chapter 3).

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All participants must strictly adhere to all health and safety notices and instructions issued by Company or the Company’s personnel, as well as any additional requirements set forth by the Company at any time. Failure to comply with such instructions may result in immediate exclusion from the Offerings without refund or compensation.

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The Company reserves the right to update or amend safety requirements at its sole discretion.

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The Customer and all its participants especially accept the Health and Safety Instructions (Annex 2) which forms an integral part of these GTC.

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d) Customer Conduct

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The Customer must comply at all times with the operational, safety, hygiene and conduct rules applicable in each Racing Unleashed Lounge. The Company’s personnel are authorized to issue binding instructions to ensure the safe and smooth operation of simulators, facilities and equipment. The Customer shall refrain from any dangerous, disruptive or unlawful behavior, from interfering with equipment or safety infrastructure, and from bringing hazardous items or substances into the Lounge unless expressly permitted in writing. Pets or animals of any kind are not permitted within the Lounge, unless expressly authorized in writing by the Company (e.g., certified service animals where legally required). The Company may refuse access to the Lounge or remove the Customer from the premises if these rules are violated, and in such cases, the Customer shall not be entitled to any refund.

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e) Liability

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The Racing Unleashed Lounge and other premises made available by the Company are subject to requirements relating to safety, fire, police and operational matters. The Customer must comply with these at all times and follow any instructions given by the Company's personnel at all times.

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The Customer shall be fully liable for any and all damages to the Company’s property, equipment, or facilities caused by the Customer or any individuals for whom the Customer is responsible.

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The Company reserves the right, at its sole discretion, to request a deposit from the Customer prior to participation in any rides. If any damage occurs, the Company may retain part or all of the deposit as compensation for the damage, without prejudice to any further claims for damages. The Customer remains liable for the full amount of any loss or damage, regardless of whether a deposit has been provided.

2. Food & Beverage

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a) Description of Offering

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Food and beverages are available in the Lounges and may be provided either directly by the Company or through one of its designated food and beverage partners. If a third party provides the food and beverage services, the Customer enters into a direct agreement with the partner. In such cases, the Company and Racing Unleashed accept no liability whatsoever for these services.

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b) Own food and beverage

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As a general rule, Customers are not permitted to bring their own food or beverages into the Racing Unleashed Lounges. Any exceptions to this policy require prior written consent from the Company.

3. Events

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a) Description of Offering

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Customers may organize company events or other gatherings within the Racing Unleashed Lounges. The Parties will usually agree on the details of such events in a separate agreement. Unless expressly agreed otherwise in writing, the events are subject to terms according to these GTC.

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b) Cancellation, No-Show Fees and Late Arrivals

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Should the Customer cancel an agreed event or not show up to an event, the following fees shall apply unless alternative terms have been agreed in writing:

• Cancellation more than 7 days before the scheduled event: 25% of the total event price is payable.
• Cancellation between 7 and 3 days before the scheduled event: 50% of the total event price is payable.
• Cancellation less than 3 days before the scheduled event: 100% of the total event price is payable.
• No Show: 100% of the total event price is payable.
• Late Arrival: If the Customer arrives late for an Event, Racing Unleashed may shorten the Event accordingly, and the Customer shall not be entitled to a refund or rebooking.

All cancellation fees are due immediately upon invoicing and are non-refundable.

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The Company reserves the right to further compensation in case of additional losses, costs, or damages incurred as a result of the Customer's cancellation beyond the standard cancellation fees outlined above.

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c) Participants

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The Customer assumes full responsibility for all participants attending the event of the Customer. The Customer shall indemnify and hold the Company and Racing Unleashed harmless from any claims, damages, or losses arising from the actions or omissions of any participant or associated third party.

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d) Changes to the number of participants, event spaces or times of use

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‍Changes to the number of participants must be declared in writing to the Company at least five working days before the start of the event. In the event of a change, the following applies:

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Increases in the number of participants require prior written consent from the Company. Any additional costs resulting therefrom must be borne by the Customer.

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In the event of a reduction in the number of participants, the Company will be entitled to charge the costs initially confirmed by the Customer or agreed between the Parties.

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Any change requests by the Customer regarding event spaces, their use and/or equipment, including technical infrastructure, which are commissioned asked shorter than five working days before the event are subject to additional charges.

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e) Safety

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Prior to participation in any rides, the Customer must ensure that each participant has formally accepted the Health and Safety Instructions detailed in Annex 2, using written means such as email, electronic signature, or other Company-approved acceptance tools.

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The Customer shall promptly provide evidence of such acceptance to the Company upon request. Failure to comply may result in exclusion from rides and further liability for any resulting damages or losses.

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f) Customer Conduct

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The Customer must comply at all times with the operational, safety, hygiene and conduct rules applicable in each Racing Unleashed Lounge. The Company’s personnel are authorized to issue binding instructions to ensure the safe and smooth operation of simulators, facilities and equipment. The Customer shall refrain from any dangerous, disruptive or unlawful behavior, from interfering with equipment or safety infrastructure, and from bringing hazardous items or substances into the Lounge unless expressly permitted in writing. Pets or animals of any kind are not permitted within the Lounge, unless expressly authorized in writing by the Company (e.g., certified service animals where legally required). The Company may refuse access to the Lounge or remove the Customer from the premises if these rules are violated, and in such cases, the Customer shall not be entitled to any refund.

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g) Catering

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Unless expressly agreed otherwise in writing, catering services for events shall be invoiced directly by the Company. The Company accepts no liability for catering services rendered by third-party food and beverage partners of the Company; in such cases, the Customer enters into a direct agreement with the relevant provider, and the Company only serves as an intermediary and for invoicing purposes.

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As a general rule, the Customer is strictly prohibited from bringing any food or beverages to events. Exceptions require the prior written approval of the Company, and in such cases providing the infrastructure shall be charged to the Customer at the agreed rate or, failing a corresponding agreement, at market price.

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h) Liability

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‍The Racing Unleashed Lounge and other premises made available by the Company are subject to requirements relating to safety, fire, police and operational matters. The Customer must comply with these at all times and follow any instructions given by the Company's personnel at all times.

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The Customer is liable towards the Company and Racing Unleashed for all losses and all damage to buildings, simulators or inventory at the Racing Unleashed Lounge or otherwise belonging to the Company or Racing Unleashed caused by event participants or visitors, employees, other third parties associated with the Customer or his legal representatives (Associated Persons).

‍The Company may require the Customer to provide appropriate securities (e.g. insurance, deposits or guarantees) to cover possible damage.

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Any damage or excessive soiling caused by the Customer or its Associated Persons will be repaired or cleaned by the Company at the Customer’s expense after the end of the event. All equipment brought to an event must be removed immediately and appropriately at the end of the event. Any objects left behind after the event may be destroyed or stored by the Company at Customer’s expense at the Company’s sole discretion. If removal involves disproportionately high expense or effort, the Company may store the items and charge room rental until they are retrieved by the Customer. The Company reserves the right to prove greater damage has occurred (especially losses because other events had to be cancelled or changed).

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The Company accepts no liability whatsoever for any loss, theft or damage to clothing or items, especially those brought by the Customer or its Associated Persons. Any items including personal effects, brought to an event by the Customer or its Associated Persons remain the responsibility of the Customer whilst on the premises.

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i) Insurance

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‍The Customer pledges to take out adequate third-party and property insurance to guard against personal injury and damage to property. The Company will be entitled to inspect the corresponding policy. Should the Company consider that the insurance cover is not sufficient, it may demand that the cover be upgraded accordingly.

4. Merchandise

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a) Description of Offering

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The Customer may purchase various merchandise products (such as t-shirts, bottles, caps etc.) (Merchandise Products) online or directly in the Racing Unleashed Lounges.

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b) Return and Refund Policy

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Items purchased in the Racing Unleashed Lounges or via the Website may be returned in case of material defects within five days after the purchase. If a material defect is present, the Company is only obligated to remedy the defect or provide a replacement. Any further claims by the Customer are excluded.

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Items purchased via the Website may be returned for any other reasons within 14 days after the purchase (or as provided in the Country Specific Terms in Section C). The Customer must request the return and refund within the applicable time period via the Website and as further indicated on the Website.

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Any damages to purchased items must be compensated by the Customer.

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c) Shipping cost

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Unless expressly provided otherwise, the Customer is responsible for all shipping and delivery costs.

5. Simulators and Technical Equipment

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a) Description of Offering

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The Customer may purchase Racing Unleashed simulators and other technical equipment (Technical Equipment) online, in Racing Unleashed Lounges, or at any other authorized sales points of the Company.

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The Parties will usually agree on the details of such events in a separate agreement. Unless expressly agreed otherwise in writing, the events are subject to terms according to these GTC.

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b) Return and Refund

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If not agreed otherwise the Return and Refund Policy regarding Merchandise Products according to these GTC shall apply.

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c) Shipping cost

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Unless expressly provided otherwise, the Customer is responsible for all shipping and delivery costs.

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d) Warranty and Liability

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The Company warrants that Technical Equipment sold are free from material defects at the time of delivery. The warranty period is 12 months from delivery if not specified otherwise.

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The warranty coverage is further limited to what is expressly stated in the documentation accompanying the Technical Equipment. The Customer is required to strictly adhere to all operating instructions, maintenance guidelines, and safety warnings provided with the Technical Equipment. Failure to comply with these instructions will void any warranty claims.

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The Company's liability is strictly limited to remedying defects or providing a replacement, at its sole discretion. Any further claims for damages, compensation, or additional remedies by the Customer are expressly excluded.

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The Company is not liable for any indirect, incidental, or consequential damages arising out of the use or misuse of the Technical Equipment. All risks associated with improper installation, handling, or use by the Customer are borne exclusively by the Customer.

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e) Customer Obligations for Use of Simulators and Technical Equipment

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Unless otherwise agreed in writing, the Customer is responsible for the proper installation, configuration and operation of Simulators or any Technical Equipment purchased from the Company. The Customer must ensure that its technical environment meets the requirements communicated by the Company and must at all times comply with the operating, usage and safety instructions provided with the Simulators and Technical Equipment. The Customer shall be liable for all damages resulting from improper installation, configuration or use.

6. Software

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a) Description of Offering

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The Customer may purchase software solutions for race simulations and similar areas (Software).

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The Parties will usually agree on the details of such a purchase in a separate agreement. If no agreement has been concluded the terms according to these GTC apply.

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Unless otherwise specified, the Software is sold as an on-premises version and must be installed by the Customer on its own server infrastructure.

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Delivery shall include only the object code and related data (provided either via physical media or a cloud-based download option). The source code is expressly excluded from the delivered Software.

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The version supplied will be the most current available at the time of purchase; there shall be no automatic entitlement to any future versions or upgrades and updates.

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b) Scope of Use and Customer Obligations

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The Customer is granted a simple, non-exclusive, perpetual, and worldwide right to use the Software solely for the intended purpose. This right is strictly limited to the Customer and may not be transferred, sublicensed, or otherwise provided to any third party for commercial or non-commercial use. Any attempt to do so will result in immediate termination of rights without notice at the sole discretion of the Company.

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The Customer is expressly forbidden from copying, decompiling, reverse engineering, or otherwise misusing the Software in any way. Any breach may lead to legal action and full liability for any resulting damages.

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The Customer is fully responsible for ensuring their IT infrastructure always meets the latest technical and security standards. The Company assumes no liability for any issues arising from outdated systems.

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All provided instructions, user manuals, and documentation must be strictly followed by the Customer.

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Installation of the Software is the sole responsibility of the Customer. The Company provides no assistance, guidance, or warranty regarding installation.

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c) Maintenance and Support

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The Company is under no obligation to provide maintenance or support of any kind unless explicitly agreed in writing. Any feedback regarding software malfunctions or issues is voluntary and, if provided, does not obligate the Company to any remedial action. The Company reserves the right to disregard all feedback and is not liable for any consequences arising from unaddressed problems.

The Company does not guarantee that the Software will continue to function flawlessly over time with new or modified IT infrastructure and user environments. The risk for this rests entirely with the Customer; any warranty in this regard is expressly excluded.

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d) Intellectual Property

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Except for the limited rights of use expressly granted to the Customer under the Agreement or these GTC, all Intellectual Property in and to the Software remain solely and exclusively with the Company or Racing Unleashed (or its licensors). The Customer acquires no ownership, title, or other rights in the Software, and any such rights are strictly reserved by the Company. Any use, reproduction, modification, or distribution of the Software by the Customer beyond the scope expressly permitted herein is strictly prohibited and constitutes a material breach of the Agreement and these GTC.

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e) Return and Refund

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If not agreed otherwise the Return and Refund Policy regarding Technical Equipment according to these GTC shall apply.

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f) Warranty and Liability

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The Customer acknowledges and agrees that Software may inherently contain bugs, errors, or defects. The existence of such bugs, errors, or defects does not constitute a defect, shortcoming, or non-conformity under the Agreement or these GTC and shall not entitle the Customer to any remedies, reductions, or claims against the Company.

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The Company shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, arising out of the use of or inability to use the Software, even if the Company has been advised of the possibility of such damages. The entire risk as to the quality and performance of the Software remains solely with the Customer.

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g) Extraordinary Termination

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The Company is entitled to immediately revoke the Customer’s right to use the Software if the Customer breaches the Agreement and/or these GTC.

7. Memberships

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a) Description of Offering

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The Customers may acquire memberships, subscriptions and rights to discounts for certain Offerings (Memberships). The specific conditions for such Memberships are defined on the Website.

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Unless stated otherwise, Memberships renew automatically for successive periods of the same duration unless terminated in writing by the Customer at least one month before the end of the current Membership term.

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Memberships are personal and non-transferable unless expressly agreed by the Company.

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The Company may suspend or terminate a Membership with immediate effect if the Customer violates these GTC, misuses the Membership, breaches safety rules, or behaves in a manner that endangers other individuals or the Company’s property.

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b) Validity

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Unless stated otherwise, a Membership is only valid at the Racing Unleashed Lounge or for purchases through the Website in the country where it was purchased.

8. Vouchers

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c) Description of Offering

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The Customers may acquire vouchers for certain Offerings (Vouchers). The specific conditions for such Vouchers are defined on the electronic file or physical document attached to the Voucher.

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d) Validity

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Unless stated otherwise, a Voucher is only valid at the Racing Unleashed Lounge or for purchases through the Website in the country where it was purchased.

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Vouchers are valid for the period indicated on the voucher and may be redeemed only for the Offerings specified.

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Unless otherwise stated, vouchers may be transferred to third parties.

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Vouchers cannot be exchanged for cash.

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Lost or stolen Vouchers will not be replaced.

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Where technically feasible, Vouchers may be redeemed in part, and any remaining balance remains valid until the Voucher’s expiration date.

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Promotional Vouchers may be subject to additional restrictions.

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Unless stated otherwise, a Voucher is valid for one year after the date of the purchase.

C. Country Specific Terms

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1. Switzerland

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For a purchase of Offerings from a contractual partner in Switzerland the following additional terms apply:

No additional terms.

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2. Germany

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For a purchase of Offerings from a contractual partner in Germany the following additional terms apply:

Additional terms will be implemented shortly.

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3. Spain

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For a purchase of Offerings from a contractual partner in Spain the following additional terms apply:

Additional terms will be implemented shortly.

Annex 1 – Contractual Partners

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1. All Offerings (except Software and Technical Equipment)

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Except for Software and Technical Equipment the following applies:

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If the Customer purchases an Offering in a Racing Unleashed Lounge the legal entity of that country as indicated in the table below is the contractual partner of the Customer.

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If the Customer purchases an Offering via the Website the relevant country is indicated on the website during the ordering process and the contractual partner of that country as indicated in the table below is the contractual partner of the Customer. Country means the place of the Racing Unleashed Lounge or as indicated on the Website through the ordering process.

• Contractual Partner Switzerland: Racing Unleashed Cham AG, Switzerland (CHE-336.039.716)
• Contractual Partner Germany: Racing Unleashed München GmbH, Germany (HRB 264740)
• Contractual Partner Spain: Racing Unleashed Madrid SL, Spain (B88344601)
• Contractual Partner for all other countries: Racing Unleashed Cham AG, Switzerland (CHE-336.039.716)

2. Software and Technical Equipment

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For Software and Technical Equipment the contractual partner is (if not agreed otherwise between the Parties) the one indicated in the following:

• Contractual Partner Software: Racing Unleashed AG, Switzerland (CHE-469.636.256)
• Contractual Partner Technical Equipment: Racing Unleashed AG, Switzerland (CHE-469.636.256)
• Contractual Partner for all other Offerings: See list of contractual partners per country

3. Default

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If not defined above, in the GTC or otherwise between the Parties the contractual partner of the Customer is Racing Unleashed AG, Switzerland (CHE-469.636.256).

Annex 2 – Safety Instructions

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• Participation at Own Risk: All participants ride at their own risk. Racing Unleashed and its group companies assume no liability for injuries, accidents, or health issues arising from participation in simulator rides.
• Age Restrictions: Use of the simulator is permitted only for individuals who are at least 13 years of age.
• Height and Weight Restrictions: Only individuals who meet the specified height (between 1.55 m (5'1") and 2.05 m (6'9")) and weight requirements (maximum weight of 110 kg (242.5 lbs)) are permitted to use the simulator. It is the participant's responsibility to ensure compliance with these restrictions.
• Health Conditions: The simulator must not be used by individuals with shoulder problems, a tendency to experience motion sickness, during pregnancy, or with any other medical conditions that may make simulator use unsuitable. Participants are solely responsible for assessing their fitness for participation.
• No Use Under the Influence: Operating the simulator while under the influence of alcohol or any substances is strictly prohibited. Racing Unleashed and its group companies reserve the right to deny access to anyone suspected of impairment.
• Caution When Entering and Exiting: Participants must exercise caution when entering and exiting the simulator. Racing Unleashed and its group companies are not responsible for accidents or injuries resulting from failure to do so.

By participating, the Customer and each participant acknowledges and accepts the above mentioned safety instructions and all other instructions of the personnel at the Racing Unleashed Lounge at any time and agrees to assume full responsibility for any consequences resulting from a failure to comply with these requirements.