General event terms and conditions
§ 1 General
(1) These general terms and conditions (GTC) apply with regard to all the cycling events (“event”) carried out by Delius Klasing Verlags GmbH (“organiser”), in particular the TOUR Transalp.
(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 registration portal; 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 (“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) By registering on the registration portal, 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 event services are described on the relevant event site. After registering on the registration portal the contracting party receives a confirmation of registration, in which all the booked event services are summarised again.
(3) The events in question are open-air events, which are exposed to the elements (weather conditions, etc.). The contracting party acknowledges that the organiser cannot always influence circumstances locally and the organiser 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 is the free of cost and single substitution of one (1) participant based on a written application by the contracting party up to one month before the event begins. At this rate of swapping team members a one-time flat re-registration fee of 50€ will be charged.
(5) The event documents are handed over only on presentation of a participation certificate (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 authorisation in writing. The event documents will not be shipped.
(6) If the contracting party also books the bike box transport as well as straightforward participation when registering, he is obliged to pay the fee agreed upon at the time of booking to the organizer. When booking the bike box transport the bike box of the respective participant must be handed over at accreditation, for which the participant is given a ticket he can use to pick up the bike box again at the finish line. Bike box transport is the only guaranteed way of transporting the bike box to the finish. Return transport, for example, as part of a booked return transfer is not included.
(7) If the contracting party also books other additional services as well as straightforward participation when registering, these are also considered event services. In addition, the additional services conditions accessible on the event website also apply.
(8) Participants are not entitled to technical services without explicitly booking this additional service. Participants may have to pay for spare parts and more extensive repair work after the stage itself. The contract and contact person are exclusively the respective sponsor or responsible service partner.
§ 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 by contracting parties with a German bank account via SEPA Direct Debit scheme, on account (by bank transfer) or by credit card. The contracting party is obliged to ensure there is sufficient cover on the specified accounts. If the payment by credit card is agreed with the contracting party, the full amount of attendance fees is due within 2 weeks after receiving the confirmation of registration (which is automatically generated after the conclusion of the registration). The contracting party bears the fees and processing charges for reversal of a direct debit for payments as long as the reversal is due to reasons for which the contracting party is responsible. The organiser is free to show evidence of higher costs, the client to show evidence of lower costs of the reversal. If the contracting party’s consent to a direct debit is revoked, the organiser charges a reasonable processing fee for administrative handling.
(4) Contracting parties with a non-German bank account must transfer the attendance fees to the organiser’s account or pay them by credit card. The attendance fees shall be due for payment in full by the contracting party within two weeks of receiving the registration confirmation automatically generated on completion of registration. If the contracting party’s attendance fees are not (completely or partly) paid into the organiser’s account on time, the organiser – irrespective of other rights – is entitled to rescind the participation contract
(5) Immediately after completing the registration via the registration portal, the contractual partner will receive a registration confirmation. The confirmation of registration together with the signed declaration of liability must be presented at the accreditation at the starting location. Without the above-mentioned documents, persons will not be admitted to the respective event, without any rights accruing to the contractual partner.
§ 4 Cancellation - refund - Covid-19
(1) The contracting party is entitled to rescind the participation contract (“cancellation”). A cancellation may only be made in writing. In case of cancellation by the contracting party, the following cancellation terms apply:
(2) Special Covid-19-regulation(valid only for events in the year 2021):
(a) The contractual partner is entitled to cancel the participation contract by unilateral written declaration (e-mail to email@example.com is sufficient) by 15.08.2021 at the latest and in this case the organizer will refund the participation fees in full. In case of cancellation from 16.08.2021 the participant will be refunded 10% of the participation fees.
(b) In the event that a participant should be unable to participate in the event due to a Covid 19 infection or the health consequences of such (proof by medical certificate), he/she is entitled and, in the event of an acute risk of infection, obliged, even after the expiry of the period specified under item (a), by unilateral written declaration (e-mail to firstname.lastname@example.org is sufficient), (i) to (partially) cancel the participation contract in relation to the person concerned, with simultaneous reimbursement of the participation fees attributable to the respective participant, or (ii) to transfer the right of participation of the person concerned to a third party free of charge or (iii) to transfer the starting place to the following year free of charge.
(c) In the event that the organizer has to cancel the event due to the Covid-19 pandemic (e.g. for reasons of consideration for the health of the participants), the organizer shall refund the participation fees in full or the participant shall transfer his/her entry place to the following year; in the event of a rescheduling, the contractual partner shall be free to decide, upon notification by the organizer, whether to participate in the rescheduled event or to cancel the participation contract with simultaneous refund of the participation fees.
(d) In the event that a participant is demonstrably unable to participate in the event due to the effects of the Covid 19 pandemic, the contracting party is entitled to withdraw from the participation contract ("cancellation") even beyond the deadline specified in (a). A unilateral written declaration (e-mail to email@example.com is sufficient) is sufficient. The options listed under (b)(i) to (b)(iii) are available.
(3) All additional services, such as Deluxe Bike Support, Transalp Camp, return transfer, medal engraving and transport of the bike boxes can also be cancelled as described in paragraph 2 above.
(4) The refund of the aforementioned sums to be reimbursed occurs within 30 days of the organiser receiving the cancellation notice.
§ 5 Force majeure
(1) If the event or individual stages are cancelled or abandoned due to force majeure (e.g. bad weather), or other reasons for which the organiser is not responsible, the organiser shall be released from his obligations and the organiser 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 organiser is not responsible, the organiser shall be released from his obligations and the organiser 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 Data collection and use
Careful handling of personal information is very important to the organiser. When processing the participants’ personal data, the organiser complies with the statutory provisions and protects their identity and privacy. When registering for and using the services provided by the organiser, personal data may be collected, processed or used. The following provides information to the contracting party of how his data are dealt with. The contracting party may print out or save this document by using the standard features of his browser (usually File / Save as).
a. Agency responsible
The agency responsible for collecting, processing and using your personal data as defined in § 3 Bundesdatenschutzgesetz (Federal Data Protection Act) is
Delius Klasing Verlag GmbH
b. Right of objection
If a participant wishes to object to the collection, processing and use of your data by the organiser in accordance with this data privacy provision overall or for individual acts, he may send his objection by email, fax or letter to the following:
(2) Collection, processing and use of personal data
As part of the registration process and when using the website, the collection, processing and use of personal data may occur.
a. Personal data
Personal data are details of factual or personal circumstances for a specific or identifiable natural person. These especially include information that enables conclusions about the identity of participants, such as their names, phone numbers, addresses or email addresses. Statistical data that the organiser collects on a visit to his website, for example, and which cannot be associated directly with the contracting party as an individual, do not fall under this definition of personal data.
b. Collection, processing and use of your personal data
The protection of your data is a chief concern for the organiser. The participants’ personal data are only disclosed or otherwise communicated to third parties if this is required for the purpose of fulfilling the contract or billing or to which you have given your prior consent. The data disclosed in this way may only be used by our service providers to fulfil their tasks. Any other use of the information is not permitted and does not occur among any of our entrusted service providers.
The personal data provided by the contracting party at registration are saved and processed only for the purposes of implementing and executing the event. This applies especially to the data required to confirm the identity, process payments and for medical treatment for participants (§ 28 BundesdatenschutzG). When registering, the contracting party consents to have his data stored for this purpose. The contracting party also declares that he agrees to have his collected personal data used for the organiser’s internal market research purposes.
(bb) Disclosure of data to third parties
Disclosure of collected data to third parties occurs only if this is required and legally permissible under the contract terms or the contract arrangement between the contracting parties or the contracting party has explicitly consented to a transfer of data. Otherwise the contracting party’s data are not disclosed to third parties. The contracting party hereby agrees that
- The collected personal data may be disclosed to third parties for the purpose of clocking times, producing lists of results and placing these lists on the Internet;
- His surname, first name, year of birth, residence, start number and results (places and times) are published in all the event-relevant print media (participant list, list of results, etc.) and in all the electronic media such as the Internet (e.g. social media, online newsletters)
- When booking the SMS results service, his mobile phone number shall be provided to third parties for the purpose of sending SMS.
c. Deletion of data
Deletion of participants’ personal data takes place if a right to deletion has been asserted and legal storage requirements do not preclude it as well as if the data are no longer required to fulfil the purpose associated with their storage or if storing them is not permissible for any other legal reasons.
(3) Consent of participants to the collection, use and release of data
The contracting party shall ensure that any individuals he has registered have been informed about the regulations in this § 6 and that they have given their approval to the aforementioned terms. The contracting party indemnifies the organiser upon first demand as free from all claims by the individuals registered by him based on the aforementioned terms and shall bear all the costs thus incurred (including the legal defence costs).
§ 7 The organiser’s liability
(1) The organiser’s liability is limited as follows:
- The organiser’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 organiser or one of the organiser’s lawful representatives or agents, is unlimited in terms of cause and amount.
- For other damages that are based on the wilful or grossly negligent breach of duty by the organiser or one of the organiser’s lawful representatives or agents, the organiser’s liability is also unlimited in terms of cause and amount.
- The organiser has no liability for damages that are based on negligent breach of duty by the organiser or one of the organiser’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 fulfilment 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 organiser 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 as well as in the event that the contractual partner is wholly or partially prevented from participating due to legal regulations and/or official orders.
(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.
(4) The liability of the organizer for contractually assumed guarantees and statutory strict liability remains unaffected by the above limitations / exclusions of liability.
§ 8 Liability of the contracting party and imdemnification
(1) The contractual partner is hereby expressly informed once again that he is fully liable to the respective injured party for damages of the organizer or third parties (e.g. other drivers), as far as the contractual partner is responsible for such damages, i.e. the contractual partner is guilty of intent or negligence. The organizer recommends the conclusion of a personal liability insurance for this type of event.
(2) The contractual partner hereby undertakes to indemnify the organizer and/or the third parties commissioned by the organizer ("Authorized Release Parties") from all damages, expenses and/or costs in full and upon first request, which third parties assert against the respective Authorized Release Party in connection with the damages caused by the contractual partner and to bear all costs incurred in this connection (including legal defense).
§ 9 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. The priority of the individual agreement remains unaffected.
(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.
Status: October 2020