Terms and Conditions for participation in running events of Hockey Park Betriebs GmbH & Co. KG (hereinafter “Promoter”), administrative office: Am Hockey Park 1, 41179 Mönchengladbach.
§ 1 Scope and Field of Application
(1) These Terms and Conditions (hereinafter “GTC”) shall regulate the legal relationship between the participant and the promoter. The terms, which are valid at the time of the participant’s registration, become part of the contract between the promoter and the participant in all the promoter’s running events. All business-partners, sponsors, appointed companies and runners are considered participants, if they benefit from the promoter’s services due to a contract, order or registration.
(2) All statements of participants to the promoter shall be addressed to the „Erlebnisvermittler NeoMove GmbH“ (Berthastr. 6, 44793 Bochum).
§ 2 Conditions of Participation – Safety measures
(1) Anyone is eligible to compete who fulfils the criteria set in the respective invitation for each event (f.e.: age, gender, etc.). Minors won’t be admitted upon written consent of their parents or legal guardians. The statement must be submitted in writing to the promoter at the event. The event-invitation will be published in time for the start of the event on the promoter’s website. The promoter reserves the right to ammend the event-invitation, for objectively justified reasons as long as the ammendment does not infringe the legitimate interests of the participants. The promoter is obliged to inform the participants about ammendments to the event announcement immediately.
(2) Participation in the Santander Marathon Mönchengladbach is only permitted without aids. Exceptions are Nordic Walking poles at all running contests. Sports equipment which does not comply with the above description or which can otherwise endanger or affect the safety of the participants or visitors and are therefore strictly forbidden. Other sports equipment can only be permitted in exceptional cases with promoter’s prior explicit consent. Participants who make use of the above-mentioned eligible tools must always stay on the end oft he grid or behind of the participants without aids.
(3) Participants must cope with the attempted distance completely on their own. Infringement, in particular pushing wheelchairs, shall be punished with disqualification of the involved participants. Participants who decide to not complete the competition, must immediately check out at the competition office („Wettkampfbüro“). The cancellation can also be made by a third party. Individual participants are not entitled to be escorted by persons using sports equipment (f.e. bicycle, inline skating, etc.). Animals, especially dogs, are also not allowed on the course. Violations will result in disqualification.
(4) The participant’s assigned race number must be worn on the fromt of the body at all times during the competition. The start number may not be altered. This especially applies to advertising imprints and change of digits. Participants may or should list an emergency contact and any special medical indications on the back of the race number. In case of violation the promoter reserves the right to exclude and / or disqualify the participant from the competition.
(5) Participants shall be informed of any organisational measures necessary before the event begins. Participants are to comply with all the instructions given by the promoter and any event personnel, who will be clearly identified as such. The promoter reserves the right to exclude or
disqualify any participant whose behaviour is likely to jeopardise the orderly staging of the event or the safety of other participants. The same applies to participants who are willing to use this platform to promote illicit commercial activities that could damage the reputation of the promoter and his sponsors.
(6) Legally binding declarations to the participants can only be pronounced by a qualified group of persons determined by the promoter. Included in this group of authorised persons are the members of the medical team providing support for the event, who are authorised to prohibit a participant from competing or continuing participation in order to protect the participant if there are commensurate health indications.
§ 3 Registration – Participation Fee – Terms of Payment – Refund
(1) The Registration may only be submitted online using the appropriate registration form that can be obtained from the website. We will not accept registrations sent to us in any other form or way. (For example: Registrations in form of email or in writing.)
(2) Payments can be made by credit card, PayPal or direct-debit mandate (“Sofortüberweisung”). Registrations submitted without a simultaneous credit entry or payment of the registration fee will fundamentally not be accepted. If you register in personal or in writing on the day of the event, NeoMove GmbH will only accept cash payments. The day of your online registration is relevant for the calculation of the entry fee. You will be charged with a cancellation fee if you gave us incorrect bank account details in your registration.
(3) The promoter will set an organizational limit to the number of participants. Information concerning this limit will be given to you or can be seen in the official event-information. Applications exceeding the limit will not be accepted. The promoter may use a random selection method to allocate available places. All participants must accept this method of allocation with their binding application. You have no claim or entitlement to participation.
(4) The participant will receive a confirmation of registration after we have received the application and the entry fee, which covers the organizational costs. The promoter reserves the right to disqualify and / or exclude participants from the event at any time, if:
a) The participant knowingly provided false personal data in his registration since due to the above mentioned regulations, personal data is necessary for the assessment of the athletic performance.
b) If there is a suspicion that the subscriber has consumed unapproved substances and therefore is suspected of doping.
(5) The right to participate is highly individual, however, it can be transferred to another person via the user account until Mai 18th 2016.
(6) The Finisherschutz is not transferable to another person.
By booking the Finisherschutzes of participants confirms the acknowledgment and storage / printing of the General Conditions for Finisherschutz – the costs insurance (including information on withdrawal right and regard to the Code aof Conduct) and the product information sheet.
Before concluding the contract the subscriber has the Möglichkeitvon to such information throughout to take note and to give his consent. The insurance is not valid for free starter and can not be applied to additional services.
(7) A registered participant who does not enter the race, regardless of whether or not he declares his withdrawal to the promoter in advance of the race, may not claim refund of the organizational fee. This also applies to justified withdrawal of a participant from the race; in this case, a partial refund is possible, which reflects the expenses already accrued by the promoter. The participant has the right to supply evidence that the expenses that would have been accrued by the promoter would have been less than the organisational fees paid.
(8) Apart from that the registration fee will otherwise only be reimbursed if the entire event is cancelled. If the promoter is not responsible for the cancellation of the event, there will only be a partial refund, equalling the remaining difference of the organisational fee after subtracting the proportional costs for the participant that have been accrued by the promoter; nevertheless, the participant has the right to supply evidence that the proportional costs were less.
§ 4 Right of Withdrawal
You are entitled to withdraw this contract within fourteen days without stating any reason for your decision. The fourteen day period for withdrawal begins on the date of contract-conclusion.
In order to exercise your right, you must contact us:
HockeyPark Betriebs GmbH & Co. KG Am Hockeypark 1
and provide us with a clear statement (f.e. letter by postal service, fax or email) about your decision to withdraw this contract. If you make use of this opportunity, we will respond to your request immediately (f.e. via email) and acknowledge the request of your withdrawal. To comply with the withdrawal period, it is sufficient that you give us notice about the exercise of the right to withdraw from the contract within the withdrawal period. The withdrawal is only possible until the registration of personalized start numbers.
Consequences of Withdrawal
If you withdraw from this contract, we are obligated to refund all payments that we have received from you, unhesitatingly within fourteen days from the date of your notification of withdrawal. We will reimburse you using the same method of payment used in the original transaction. This applies unless agreed otherwise; however, payment-fees will not apply. Should you require the service to begin during the withdrawal period, you will be obligated to pay a reasonable sum, which consists of a proportional value of the service provided before withdrawal. Unless the parties have agreed otherwise, the right of withdrawal does not apply to services based on the following types of contracts: Accomodation-contracts excluding residential purposes, contracts concerning the transportation of goods, motor vehicle rental, delivery of food and beverages as well as provision of other services related to leisure activities, if the rendering of services is bound to a specific date or period. (Pursuant to section 312 g paragraph 2 no. 9 of the German Civil Code – “BGB”).
End of Withdrawal Information
§ 5 Liability Waiver
(1) Any liability of the promoter and his employees, representatives, agents or third parties, which the promoter uses in the conduct of the event, to the participants, regardless of the legal grounds, in particular – but not exclusively in accordance with sections 280 et seq., Sections 323
et seq. German Civil Code (“BGB”) or due to unlawful acts according to sections 823 et seq. BGB, is exclusively laid down as follows: The promoter is liable, if the participant asserts claims which are based on malice, intent, gross negligence or breach of a duty essential to the contract. In other respects, liability for damages caused as a result of slight negligence shall be excluded.
(2) The event will usually take place in any weather. Should the promoter be required to make changes in the realization or to cancel the event due to force majeure or corresponding administrative orders or to safety reasons, there shall be no liability for damages to the participants. This applies unless the promoter intentionally or with gross neglegency is responsible for the reasons to cancel the event. The same applies to abandonment of an event.
(3) The promoter is not liable for damage of property or financial loss, if they have not at least been caused by gross negligence. This limitation of liability does not apply to violation of principal contractual obligation by the promoter or in case the contractual violation resulted in personal injury (injury to life, bodily injury or damage to health of a participant). The promoter is not liable for property or financial damages that are not at least caused by gross negligence; excluded from this restriction of liability are damages that are caused by the culpable breach of a contractual primary liability of the promoter, as well as personal damages (injury to life, bodily injury or damage to health of a participant). The preceding limits of liability also apply to the liability for personal damages for employees, representatives, agents, and third parties who assist the promoter in connection with the realisation of the event or who are bound by contract to them for this purpose.
(4) Participation is at your own risk. The promoter shall not be liable for health risks of the participant in connection to the participation in the race. It is the obligation of the participant to check his state of health prior to the race, The promoter is not liable for injuries that are caused by other participants or external third parties
(5) The promoter shall not be liable for participants’ belongings that are kept by third parties authorised by the promoter; however, the liability of the promoter for gross encumbrance in the selection of the third parties remains untouched.
(6) Payment for personal medical services is to be covered by the participant. The promoter does not carry any insurance to cover medical treatment. It is the responsibility of the participant to have sufficient insurance coverage for medical treatment. Notwithstanding the above mentionned cases of liability for damages, the promoter is not liable for any medical treatment costs (including concurrent costs such as transport or care).
§ 6 Data Collection and Processing
(2) Personal data submitted upon registration will be processed and stored solely for the proper staging of the event,. This especially applies to data required for proper payment handling (Section 28 German Federal Data Protection Act – “BDSG”). By registering, the participant consents to the storage of such data for these purposes.
(3) The participant further consents that photos, film footage, and interviews gathered within the framework of the event for radio, television, print media, Internet, books, copies (f.e. analogue or digital film, digital media, etc.) may be distributed and published in press releases, Facebook, websites, Twitter, Instagram and can be used for PR – and advertising purposes by the promoter and the NeoMove GmbH without any responsibility for reimbursement.
(4) The participant consents that the personal data collected according to Section (2) may be passed on to a commercial imaging company for the purpose of mailing out photographs of the participant, taken along the course and at the finish of the race. By registering, the participant consents to the storage and transmission of such data for this purpose. This agreement does not imply that the participant intends to buy any such photograph.
(5) The personal data collected according to Section (2) will be conveyed to a commercial third party for the purpose of timekeeping and to creating and publishing the result lists on the promoter’s website. By registering, the participant consents to the storage and transmission of such data for these purposes. In addition the personal data requested upon registration and the participant’s result-statistiks (time, location, etc.) may be conveyed to the press, if they intend to publish a list of all participants.
(6) The last name, first name, year of birth, nationality, city, gender, club membership (if existent), race number, and result (ranking and time) of the participant will be printed and/or published for the starter lists and lists of results in all relevant event-related media (printed materials such as programme and list of results, as well as on the internet). By registering, the participant consents to the storage and usage of such data for this purpose.
(7) The personal data collected according to Section (2) may also be used for internal market research purposes by the promoter. By registering, the participant consents to the storage and usage of such data for this purpose. This consent is revocable at any time. Disclosure of personal data to third parties will not take place unless the participant has declared his explicit consent.
§ 7 Timekeeping
(1) Time measurement is carried out exclusively through a special chip. There should be no metal (f.e. axle nut etc.) between the timing chip and the pavement. Improper attachment may disable the timekeeping. In the relay-events, timekeeping will be carried out through an integrated baton-chip / velcro. Each relay team will be provided with one baton in connection with the start-number distribution. This also applies, if the participant has chosen to sign up for a shipping option.
(2) All chips and race-kits will be issued together by the promoter. All runners will be equipped with disposable transponders, which are integrated in the bib numbers. Reusable chips for wheelchairs and handbikes as well as relay batons must be returned at the competition office located in the finisher area. If a participant does not enter the race or does not reach the finisher area, the participant will be responsable for returning the chip or baton to the promoter. Participants who disregard these instructions will be disqualified until they either return the chip / baton or pay a compensation-fee amounting to € 50. Nevertheless the compensation-fee shall always become due immediately. The participant will be charged with this fee, unless the chip / baton is returned fourteen days after the event.
§ 8 Final Provisions
(1) Non-cash prizes will be handed out as part of the award ceremony. These prizes are non- refundable.
(2) If any provision of these terms and conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties are obliged to replace the wholly or partially invalid or unenforceable provision with a legal, valid and enforceable provision which is a close match to the invalid provision. Headings only have explanatory function and are not binding.
(3) If permittet, Mönchengladbach is the place of jurisdiction for all disputes arising from this contract. German law will be exclusively applicable unless otherwise provided by mandatory legal regulations.
(4) The Englisch translation of these GTC exclusivels serves informational purposes; solely the German version is binding.
Status as of: Oktober 18th 2017