1. Scope of Application

1.1 Unless expressly agreed otherwise in writing, all offers, orders, purchases, reservations and all contractual relationships resulting therefrom shall be governed by these General Terms and Conditions of Sale and Service. Any terms and conditions of the customer or partner that deviate from these conditions shall not apply, regardless of chronology, unless the Actioncenter has expressly agreed to their validity in writing.

2. Reservation of Services

2.1 The packages, activities and prices offered by the Actioncenter are communicated via the website or by e-mail and are generally considered binding. However, the Actioncenter reserves the right to correct obvious typographical, calculation or technical errors at any time.

2.2 The prices valid on the day of the event shall always apply, plus the applicable statutory value added tax.

2.3 A reservation shall be deemed bindingly confirmed upon receipt of the deposit by the Actioncenter. Reservations that do not require a deposit become binding upon dispatch of the reservation confirmation. The remaining balance must be paid on site before the activities begin at the latest. Payment may be made in cash, by bank or credit card, or by means of a valid voucher.

2.4 Orders with or without a deposit request are subject to these General Terms and Conditions of Sale and Service.

2.5 The deposit shall ultimately be deducted from the total amount.

3. Amendments or Cancellation

3.0 In accordance with Article VI.53, 12° of the Economic Law Code, no statutory right of withdrawal applies.

3.1 Amendments or cancellations must be requested in writing and within the applicable deadlines:

• More than 14 days before the event: cancellation free of charge or amendments to the number of participants, activities or food orders may be requested.
• For amendments or cancellations made between 14 and 7 days before the event, 50% of the cancelled participants, activities or food orders will be charged.
• For amendments or cancellations made up to 48 hours before the booking, 100% of the participants, activities and food orders previously confirmed by the Actioncenter will be charged.
• If more persons attend than originally specified and this is compatible with the Actioncenter’s planning, they will be charged on the day of the activities according to the prices valid on the day of the event. If the attendance of additional persons is not compatible with the Actioncenter’s planning, such additional persons shall not be permitted to participate.

4. Invoicing

4.1 A receipted invoice may be issued in the days following the event. For this purpose, we require all company details including the VAT identification number. On the day of the event, a corresponding request must be submitted at reception, and a so-called invoice form must be completed. This invoice form serves as the basis for issuing the invoice and is absolutely necessary.

4.2 The remaining balance must in all cases be paid on site, both by private customers and companies. Payment by invoice remains an exception and must be agreed in writing with the Actioncenter in advance, whereby the Actioncenter remains free to accept or refuse such request.

4.3 In the event of late payment, default interest at a rate of 15% per annum and a fixed compensation of 15%, with a minimum of €50 per invoice, shall be due automatically and by operation of law on any invoice amount without prior notice of default.

4.4 The Actioncenter furthermore reserves the right to charge additional reminder fees of €12 per reminder.

5. Exclusivity of Activities

5.1 No reservation automatically constitutes an exclusive reservation. Other persons may also participate in the activities without the consent of the remaining participants. Requests for private reservations must be submitted by e-mail. The full amount requested by the Actioncenter for exclusivity must be paid in advance.

6. On Site

6.1 Check-in for reservations including kart races always takes place 45 minutes before the start of the first activity at reception. Customers whose bookings do not include karting must check in at reception 30 minutes before the start of the first activity. Reservations of customers arriving late for check-in may, if possible, be rescheduled or otherwise must be cancelled in accordance with the conditions set out in Section 3.

6.2 If the Actioncenter’s helmets are used for karting, the wearing of a balaclava is mandatory. Balaclavas are available at reception for €3.

6.3 Should an Actioncenter helmet be damaged, the customer shall be obliged to pay at least €75. The damaged helmet shall remain with the customer.

6.4 The Actioncenter shall in no way be liable for programme changes or delays, particularly where such changes or delays are attributable to the customer and affect subsequent activities.

7. Disclaimer of Liability

7.1 Participation in the activities is entirely at the participant’s own risk. Each guest undertakes to follow the safety instructions of the staff and to use the equipment provided properly.

7.2 By registering, participants confirm that they are physically and medically capable of safely carrying out the respective activities. The Actioncenter reserves the right to exclude persons under the influence of alcohol, drugs, medication, or persons with physical or mental impairments that may endanger the safety of others. No refund shall be granted in the event of exclusion from one or more activities.

7.3 The operator shall not be liable for damages resulting from failure to comply with safety instructions, improper use of the facilities, or misconduct by participants. The Actioncenter accepts no liability for injuries, personal injury or property damage resulting from failure to comply with safety instructions, improper use of vehicles, or misconduct.

7.4 The Actioncenter shall generally only be liable in cases of intent, fraud or gross negligence.

7.5 The customer shall be liable for damage to property, bodily injury or loss of life suffered by the Actioncenter and/or third parties resulting from failure to comply with safety instructions, improper use of the facilities or personal misconduct.

7.6 Parents, legal guardians or accompanying adults are obliged to fulfil their supervisory duties and shall be liable for damage caused by minors, mentally impaired persons or legally incapacitated customers.

7.7 The Actioncenter accepts no liability for loss, damage or theft of personal belongings, including vehicles parked by customers in the parking areas.

8. Data Protection

8.1 Photographs or videos may be taken during activities/events. By participating in the activities/events, the customer, or the parents or legal representatives of minors or legally incapacitated customers, agrees that such photographs or videos may be created and used for the Actioncenter’s public relations purposes (e.g. website, social media), unless expressly objected to.

8.2 The Actioncenter complies with applicable data protection legislation and hereby informs customers that the collection and processing of personal data is necessary for the performance of the present contract. The customer expressly consents thereto. Data Controller: EAST BELGIUM KARTING CENTER AG, Company No. 0466.230.894, Gewerbezone Schirm, Grüfflingen 59, B-4790 BURG-REULAND. Legal basis: Article 6(1)(b) of Regulation (EU) 2016/679 of 27 April 2016 (“General Data Protection Regulation”). The collected data shall only be stored for as long as necessary for the performance and possible follow-up of the present contract. The customer has the right of access, rectification, erasure or restriction of processing, as well as the right to data portability in accordance with the GDPR. The customer also has the right to object to processing and the right to lodge a complaint with the competent supervisory authority.

8.3 What data is stored? – All data required by the Actioncenter for reservations, invoicing and activities.

9. Force Majeure and Similar Circumstances (Responsibility of the Customer, Third Parties, etc.)

9.1 The operator shall not be liable for non-performance or delayed performance of its contractual obligations where such failure is caused by events beyond its control, including force majeure.

9.2 Force majeure shall include, but is not limited to: natural disasters, extreme weather conditions, fire, flooding, power outages, technical failures, epidemics/pandemics, governmental orders, political unrest or other unforeseeable events affecting operations.

9.3 In cases of force majeure and similar circumstances (responsibility of the customer, third parties, etc.), the operator shall be entitled to postpone or cancel events. Payments already made shall not be refunded.

10. Customer Insolvency

10.1 In the event of insolvency on the part of the customer (bankruptcy, reorganisation, attachment, etc.), we shall be entitled to terminate the contract without prejudice to any claims for damages.

10.2 It is furthermore agreed that the mutual claims of the contracting parties may be set off against one another regardless of whether insolvency proceedings, reorganisation proceedings, attachment proceedings or similar measures have been initiated against the customer and regardless of the specific contract from which such claims arise. Such claims shall be deemed closely connected and indivisible. In the event of customer insolvency, our claims shall be deemed immediately fungible, liquid and enforceable.

11. Severability Clause

11.1 Should any provision of these General Terms and Conditions be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The valid provision that most closely reflects the economic purpose of the invalid or unenforceable provision shall be deemed agreed. The same shall apply to any contractual gaps.

12. Jurisdiction

12.1 All disputes arising out of or in connection with these General Terms and Conditions and the services offered shall be governed exclusively by Belgian law. The court having territorial jurisdiction over the operator’s registered office in Eupen, Belgium, shall have exclusive jurisdi