General terms & conditions

§ 1 GENERAL

(1)  These general event conditions (T&C) apply with regard to the cycling event NorthRaceWestphalia

(2)  With their inclusion via registration on the event website the T&C regulate the contractual relationship between the contracting party and the organiser (“participation agreement”). The “contracting party” and therefore the organiser’s contracting party and entitled to assert a claim against the organiser is exclusively the party that obtains the event services via the respective event website; this applies explicitly even if the event services include entitlements to participate or other services in favour of third parties.

(3)  An essential component of the participation agreement are the regulations applicable for the respective event and accessible on the website. The contracting party hereby assures that he has read the regulation in force in each case and in the event of obtaining event services for third parties he has brought them to the attention of the individuals concerned in advance.

(4)  The contracting party acknowledges that a mandatory requirement for participation in the organiser’s events is to submit a valid liability statement for the respective event that is available (unaltered) on the respective event website, including acknowledgment of the respective applicable regulation contained therein. The contracting party shall ensure that the organiser has originals of the participation agreement signed by all those individuals for whom the contracting party obtains event services under the participation agreement no later than when accredited. Individuals who have not submitted a declaration of liability will not be admitted to the event without the contracting party accruing any rights from this.

(5)  The contracting party guarantees that the details of individuals he has provided in the registration process are correct and complete and the individuals concerned are entitled to participate as defined in the respective regulation.

§ 2 EVENT SERVICES

(1)  The contracting party guarantees that the details of individuals he has provided in the registration process are correct and complete and the individuals concerned are entitled to participate as defined in the respective regulation By registering on the respective event website, i.e. concluding the participation agreement, the contracting party acquires for all the individuals named on the registration form the right to participate in the event in accordance with the current T&C and the applicable regulation provided the appropriate declarations of liability have been submitted.

(2)  The respective event services are described on the relevant event site. After registering on the event website the contracting party receives a confirmation of registration.

(3)  The event in question is an open-air event, which is exposed to the elements (weather conditions, etc.). The contracting party acknowledges that the organizer cannot always influence circumstances locally and the organizer reserves the right to make adjustments to the contractual services for legitimate reasons (e.g. routing) while taking account of participants’ interests in the best possible way.

(4)  The event services are not transferable. The only individuals entitled to participate are those named on the registration form. The exception to this ist he single substitution of a participant based on a written application by the contracting party up to 2 weeks before the event begins. For swapping riders after registration a fee of 10€ will be charged.

(5)  The event documents are handed over only on presentation of the confirmation mail (see § 3 (5), the signed declaration of liability and an ID card or passport. If it is not possible to pick up the event documents personally; these may be only handed over to someone with authority in writing. The event documents will not be shipped.

(6) The organizer uses GPS devices to track individual participants and publish their position on http://www.northracewestphalia.com during the event. The participants are obliged to handle the GPS devices with care and according to the organizers instructions. By attending the event the participant agrees to reimburse the value (120€) of the GPS device in case of loss or damage.

§ 3 SERVICES PROVIDED IN RETURN – PAYMENT TERMS – CONFIRMATION OF PARTICIPATION

(1)  For the event services the contracting party pays for the service specified as part of the registration process (“attendance fee”). This also applies explicitly to attendance fees the contracting party obtains for the third parties referred to in the registration.

(2)  The attendance fees are quoted inclusive of statutory VAT.

(3)  The payment of the attendance fee is made via bank transfer (IBAN).

(4)   Once all the attendance fees have been paid, the contracting party receives confirmation from the organiser for each individual he has registered. The confirmation serves as proof that the organiser has received the attendance fees in full. The confirmation shall be submitted for accreditation at the event venue. Without the confirmation individuals will not be admitted to the event without the contracting party accruing any rights from this.

§ 4 CANCELLATION – REFUND

(1) A cancellation succeeding into a refund is possible until April 30th. After That tay a cancellation succeeding into a refund is not possible in any case. If a participant is unable to attend to the event it is possible to pass the participation to another person (as described in § 2 (4)).

§ 5 FORCE MAJEURE

(1)  If the event or individual stages are cancelled or abandoned due to force majeure, official orders, safety reasons or reasons for which the organizer is not responsible, the organizer shall be released from his obligations and the organizer is not liable for damages that the contracting party or participants incur for this reason (e.g. travel and accommodation costs).

(2)  If the event or individual stages are changed in venue and/or timing due to force majeure (e.g. bad weather), for which the organizer is not responsible, the organizer shall be released from his obligations and the organizer is not liable for damages that the contracting party or participants incur for this reason (e.g. travel and accommodation costs).

(3)  A refund of attendance fees in the aforementioned cases described in § 5 (1) and (2) is excluded. With a change in venue and/or time the contracting party and the participants are entitled to attend the rescheduled event.

§ 6 THE ORGANISER’S LIABILITY

(1)  The organizer’s liability is limited as follows:

1. The organizer’s liability for damages arising from injury to life, limb or health, which is based on the negligent or wilful breach of duty by the organizer or one of the organizer’s lawful representatives or agents, is unlimited in terms of cause and amount.
2. For other damages that are based on the wilful or grossly negligent breach of duty by the organizer or one of the organizer’s lawful representatives or agents, the organizer’s liability is also unlimited in terms of cause and amount.
3. The organizer has no liability for damages that are based on negligent breach of duty by the organizer or one of the organizer’s lawful representatives or agents unless it involves damages arising from the breach of cardinal obligations. Liability for damages arising from the breach of cardinal obligations is, however, limited to the replacement value of the foreseeable and contract-typical damage in terms of the amount when the contract was signed. “Cardinal obligations” are those whose fullfilment enables the contract to be properly executed in the first place and on compliance with which I can normally rely.

(2)  The contracting party is hereby explicitly reminded once again that the organizer and/or his lawful representatives or agents are not liable for damages for which they are not responsible. This applies, for example, to damages that are caused by malpractice/riding errors of other riders or the fact that participants have been prevented in whole or in part from attending due to legal provisions and/or government directives.

(3)  This liability limitation also applies expressly to lost valuables, items of clothing and pieces of equipment and damage to bicycles that occur while being transported back.

   

§ 8 MISCELLANEOUS

(1)  Verbal side agreements have not been made in this matter. Additions and amendments to the agreement must be in writing to be valid (not email). The same applies to waiving or modifying the aforementioned written form.

(2)  If individual provisions of this participation agreement should be or become invalid or should there be a loophole requiring regulation, the participation agreement is otherwise valid. The parties shall conduct negotiations in good faith to replace the invalid or missing provision with a valid one that comes closest to the parties’ documented business intention.

(3)  This agreement is subject exclusively to German law.

 

Last update: October 13th, 2022