Terms & Conditions for participating

/Terms & Conditions for participating
Terms & Conditions for participating 2016-09-11T10:33:55+00:00

Click HERE for the Dutch version.

Definitions 

“Associated Parties” means any additional person involved in the organisation of the event, including but not limited to the partners/ sponsors, suppliers and medical advisers.“Conditions” means these terms and conditions of entry for the Event.

“Entry Fee” means the price of entry into the Event as set out in the Entry Form.

“Entry Form” means the website pages which must be completed in order to participate in the Event.

“Event” means the event named on the Entry Form.

“Event Category” means the different challenges within the event e.g. Ortler Ronda Classic.

“Event Information” means information provided by the Event Organiser in relation to the Event.

“Event Organiser” means Een hart voor ALS vzw, a company registered in Belgium with company registration number 0848.331.118.

“Participant” means the person named on the Entry Form who will be participating in the Event.

“Transfer (Category)” means changing the Event Category entered by the Participant.

“Transfer (Event)” means changing the Event entered by the Participant.

“Withdrawal” means the acknowledgement by the Event Organiser of the Participant’s request to be removed from the Event.

1. ACCEPTANCE OF CONDITIONS
As Participant I shall be deemed to have accepted these Conditions upon completion of the Entry Form and paying an Entry Fee into this Event.

I acknowledge and agree that the Event Organiser will organise and run the Event, will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the Event, the timings/finish times and the placings.

2. PARTICIPATION – MEDICAL CONDITIONS & ASSOCIATED RISKS
I acknowledge that participation in the Event will be physically demanding and I am aware of the nature of the Event and the associated medical and physical risks involved.

I confirm that I am fit and healthy, and physically capable of competing in the Event. I agree to be solely responsible for my actions and will not hold the Event Organiser or Associated Parties responsible for any injury, accidents, illness, loss or damaged suffered by me in, or reason of, the event however it may be caused, unless due to the negligence of the Event Organiser as set out in Clause 12.

If a medical or physical condition arises prior to the Event, which is likely to affect my ability to compete, then I will notify the Event Organiser and will withdraw from the Event in accordance to these Conditions.

The Event Organiser takes every care with the staging of the Event, but as the Participant I acknowledge that no insurance is taken out on the Participant’s behalf by the Event Organiser. Therefore, any and all insurance, including personal accident and personal items insurance is my own responsibility.

3. PARTICIPATION – RULES & REGULATIONS
I agree to abide by all applicable rules and regulations that are relevant to the Event. The Event Organiser is also entitled to impose rules upon the Participant from time to time which will form part of these Conditions. All decisions, instructions and ruling given by, or by instruction of, the Event Organiser are considered final. Accordingly, I agree to comply with all instructions and guidelines given by the Event Organisers, stewards, marshals, security and safety personnel.

The Event Organiser may introduce cut-off times as they see fit as part of the Event rules, such as limits on the time taken to complete sections of the Event (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the Event. Subsequently, competitors may be instructed to withdraw from the Event or race in accordance with imposed cut-off times.

Any Participant that acts negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants, to cause the Participant’s removal from the Event, will not be entitled to a refund.

4. EVENT ENTRY
The minimum age of entry for participating in the different Challenges (Stelvio Cycling Challenge, 3 Borders Tour and Ortler Ronda Classic) is 17 years old on Event day.All Participants in the Ortler Family Track under the age of 14 must have parental / guardian supervision during the Event.

I confirm that entry to the Event is personal to me, and that I am strictly prohibited from swapping, selling, or giving my place in the Event to another individual, or using it for marketing promotion or for any other trade purpose. The Event Organiser reserves the right to cancel without refund or other compensation the participant entry in the Event in such circumstances. See Clause 6 for Participant Event Withdrawal and Category Transfers.

5. ENTRY FEES
All entry fees are inclusive of VAT.

I shall not be eligible or entitled to participate in the Event until full payment of the Entry Fee has been received by the Event Organiser. No payment shall be deemed to have been received until the Event Organiser has received cleared funds.

If entry is accepted the Entry Fee is non-refundable other than as otherwise stated in the withdrawals policy.

6. WITHDRAWALS POLICY
The withdrawals policy reflects the costs incurred by the Event Organiser in staging the event. Written notification of withdrawal should be given by the Participant to the Event Organiser by email or post. The date of written notification of withdrawal being received by the Event Organiser is the date of the email or as postmarked on the envelope. There are no exceptions. The Participant may withdraw subject to the following terms, which are applicable to all race Categories:

The Event Organiser operates a “14 day cooling off period”. The Participant is entitled to a refund of the full Entry Fee, less an administration charge of 4.50 €, if the Event Organiser receives notification of withdrawal within 14 days of payment of the Entry Fee. This is applicable regardless of the proximity of Entry to the Event date.

Notification dated 60 days or more before the Event. The Participant is entitled to Transfer (Event) entry to the same Category in the following year’s event, provided such event takes place, unless within the 14 day cooling off period when the above term applies. The Participant must notify the Event Organiser of their intent to take up the place no less than 90 days before the commencement of the following year’s Event.

Notification dated 30 to 59 days before the Event. The Participant is entitled to 50% credit of the Entry Fee paid by the Participant, unless within the 14 day cooling off period when the above term applies. The credit is to be used towards the following year’s Event, provided such event takes place. The Participant must notify the Event Organiser of their intent to take up the place no less than 90 days before the commencement of the following year’s Event.

Notification dated less than 29 days before the Event. The Participant is not entitled to an Event Transfer or credit for any future events.

The Participant is entitled to Transfer (Category) entry at the same Event up to 14 days prior to the Event, subject to availability in the respective Category. The cost to transfer to a Category of a higher Entry Fee shall be the difference in Entry Fees on the date the transfer is requested, plus a fee of 5.5% of the difference in Entry Fee. There shall be no cost charged, and no refund applicable, for transferring entry to a Category with a lower Entry Fee.

Due to the nature of sports events, the Event Organisers are unable to make exceptions for injuries, pregnancies or other circumstances.

Written notification can be given by:
Email – info@ortlermountainchallenge.com with subject heading ‘Withdrawal’ or ‘Category Transfer’
Post – Een hart voor ALS vzw, Meerskant 2a, 9270 Laarne, Belgium

Withdrawals will not be accepted by telephone.

The Event Organiser reserves the right at any time to remove Participants from the Event or prevent Participants participating in the Event, if in the Event Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Event by other Participants or for any other practical reason. A refund will not be provided under such circumstances.

7. ALTERATIONS TO THE EVENT
Any change to the event start time or format will be communicated to the Participant as soon as is reasonably practicable.

Start Time – I am aware that the Event Organiser reserves the right to alter the start time of the Event. No refund in full or in part shall be made for any change in start time for an Event provided the Event takes place on the specified date of the Event.

Event Date – I am aware that the Event Organiser reserves the right to change the date of the Event. In the event of such change of date of the Event, and if as Participant I am unable to attend on the revised date, I will have 14 days to inform the Event Organiser in writing from when the change in date is announced to receive a refund of my Entry Fee, less a 3,50 € administration charge for bank processing costs.

8. CANCELLATION
The Event Organiser reserves the right to cancel the Event, at whatever moment in time, due to circumstances beyond its reasonable control or for any safety related reason. In the event of the Event being cancelled the entry fee(s) will not be refunded nor transferred to the following year.  with no further liability whatsoever arising from such cancellation.

9. COMMUNICATIONS
The Event Organiser will primarily use email to communicate with Participants. To ensure receipt of all Event information, I accept sole responsibility to ensure that I provide the Event Organiser with the correct email address and postal address and to inform the Event Organiser of any changes to these prior to the Event as soon as is reasonably practicable. The Event Organiser shall not be held responsible for any computer malfunctions or other technical anomalies that may occur in the process of sending out such email communications that may lead to failure of receipt by the Participant.

The Event Organiser can be contacted by the below methods of communication, and shall endeavour to respond to Participant enquiries within 2 working days of receipt of the correspondence.
Phone – +32 477 266 969
Email – info@ortlermountainchallenge.com
Post – Een hart voor ALS vzw, Meerskant 2a, 9270 Laarne, Belgium

10. MEDIA & PHOTOGRAPHY
As a Participant in the Event, I irrevocably consent to being filmed, recorded and photographed at the Event, and for the video footage, recordings and images to be incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature, and in all media for the purpose of advertising, publicity and otherwise in relation to the exploitation and/ or promotion of the Event (and future events).

Any film, photographs, or any other recording of moving or still picture, shall remain the property of the Event Organiser. Accordingly any such recording by the Participant shall not be used other than for private use without the Event Organiser’s prior written consent.

11. DATA PROTECTION
I agree that my personal information can be stored and used by the Event Organiser and event partners/sponsors in connection with the organisation, delivery and administration of the Event, and may be used by the Event Organiser and event partners/sponsors in connection with the compilation of statistical information and to improve the procedures at future events.

Medical information and Emergency contact details are only collected for health and safety purposes, to allow medical assistance to be given on the Event date.

Personal information or marketing information pertaining to the Participant shall not be used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions.

12. EVENT ORGANISER RESPONSIBILITIES/LIABILITY
The Event Organiser shall not be liable to the Participant for any loss or damage to personal equipment belonging to the Participant, or any indirect or consequential loss or damage whatsoever arising out of the Participant taking part in the Event; or for any loss of business; revenue or profits; anticipated savings or wasted expenditure; or loss of reputation. The Event Organiser will not be liable for any actions of any spectators or other third parties.

As a Participant, I irrevocably renounce the right to any recourse or claims whatsoever against the Event Organiser, sponsors, suppliers, medical advisers or any other person involved in the organisation of the event (“Associated Parties”), as a result of any kind of physical, mental or other loss or damage of whatsoever nature suffered by the Participant, directly or indirectly, or by the Participant’s family, caused by an event in any way relating to the Participant’s participation in the Event. As Participant, I will indemnify the Event Organiser and the Associated Parties for any claim, actions, liability or losses from any breach of the Participant’s declarations above.

Nothing in these Conditions shall exclude or limit the liability of the Event Organiser for for fraud; or for any other liability to the extent that it cannot be excluded or limited by law.

These Conditions shall be interpreted in accordance with the laws of Belgium and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the Belgian Courts.

13. GENERAL TERMS & CONDITIONS

The use of this website implies your acceptance of our GENERAL TERMS & CONDITIONS. Please read our GENERAL TERMS & CONDITIONS carefully.

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