VIKING HEROES CHALLENGE 2016
§ 1 Field of application – Scope of Contract
(1) The VIKING Heroes Challenge (referred to as VHCin the following) in St. Wendel is an event of PLAN B event company GmbH.
(2) The Terms and Conditions for the VHC are amended from time to time and updates are published in due course on the event homepage www.heroes-challenge.de. They are, in their then-current form, part of the contract between the organizer and the participant.
§ 2 Terms and conditions of participation – safety measures
(1) Any experienced, healthy and well-trained runner – who must be at least 18 years of age – is entitled to start in a race that suits to his/her competencies. The cut-off day for age determination is May, 28th 2016. Anyone who has signed up and completed the registration process, and agrees to abide by the race rules is eligible for participationas long as he / she holds an official start number bib of the VHC and is willing to wear it according to race regulations.
(2) Any changes to the event schedule, event logistics, race procedures or the obstacle race course will be communicated to the participants by the organizer in due time or ahead of the start of the race event. Directives and instructions by the race organizer and event staff are to be abided by without exception. The organizer has the authority to exclude / disqualify a participant in case of non-compliance with issued directives or instructions or if the orderly progress of the event is disrupted or the safety of participants or visitors is jeopardizedby the participant as a result of hisd / her behaviour. Only authorized event personnel can issue legally binding directives to participants.
(3) All rules, regulations, disclaimers and specifications contained in the race bid and any of its amendments constitute irrevocable contractual obligations to the participant. Claims of any kind relating to the contract or the services provided by PLAN B event company GmbH, irrespective of their legal ground, are to be raised exclusively with PLAN B event company GmbH (at the address noted below) and only at the end of the event and within one month after the contractual end of the event.
§ 3 Registration – participation fee – terms of payment – reimbursement – cancellation
(1) Registrations can only be accepted on our homepage www.heroes-challenge.de by registering online using the “web form” or the filled in PDF form, completely filled and sent back to PLAN B event company GmbH. Registrations are binding for the applicant. After successful completion of the registration process the applicant will receive a preliminary confirmation. A binding contract will only be accomplished after the applicant’s receipt of an explicit payment confirmation. Payment must be made in full within 15 working days after receipt of the first confirmation. If the applicant fails to make the payment within the specified time, the organizer has the right to withdraw from the contract by revoking the registration confirmation. In this case the applicant will be charged a fee of € 50 for necessary expenditures on the part of the organizer.
(2) The entry fee for the VIKING Heroes Challenge will be € 25,00 for one lap, € 45,00 for two laps, € 65,00 for three laps and € 85,00 for four laps per person.
(3) Payments can be made by SEPA direct debit (you have to sign the account owner, name of the bank, IBAN and Swift Code/BIC of a german bank account) or, in case of participants with a foreign bank account, by money transfer (SEPA) to:
PLAN B event company GmbH
IBAN: DE 26200303000365854501
Bank: Bankhaus Donner & Reuschel AG München
(4) Following receipt of the registration, the event application and payment of entry fees, the organizer issues a confirmation in writing to the participant. The organizer reserves the right to exclude or disqualify a participant in the aftermath, if he or she has provided false personal information, the organizer finds out that he or she is subject to a ban by an international / a national association or if the participant is suspected of taking part in the race under the influence of or after having taken banned substances (doping).
(5) The right to participate is not transferable without explicit approval of the organizer. It is possible to change one tim either the person or the distance until April 28th 2016 without any changing fee. For changes from April 29th until May 21st 2016 there will be an additionally fee of € 15,00 charged. After that date, it is not possible to change the starting place.
(6) If a registered participant does not start the race or declares to the organizer his or her withdrawal, he or she is not entitled to a refund of the entry fee. There won´t be as well as any shipping of the starter package.
(7) In the registration process, the participant will receive the necessary documents only if he or she provides his/her personalised liability disclaimer or identity card/passport. Should the participant be unable to pick up those documents in person, he or she must give a third person power of attorney to do it for him/he, also a copy of his identity card/passport and an original signed liability disclaimer. The documents cannot be mailed.
(8) PLAN B event company GmbH reserves the right to exclude the participant or even cancel the contract of the event if:
- he or she violates the regulations and/or rules and instructions (before or during the event),
- he or she keeps disturbing the event or jeopardizes his/her own safety or the safety of someone else,
- he or she fails to comply with the instructions of the event management or staff members,
- the participant disturbs materially the fulfilment of the contract in any other way or his/her behaviour is not in conformity with the contract in such a way that an immediate termination of the contract becomes justified.
In the event a contract is terminated by PLAN B event company GmbH, it will be eligible for the total price; PLAN B event company GmbH however must allow the deduction of the amount of saved expenses and any over benefit it obtained from the use of the starting fee for other purposes, including any sums that may have been credited by other service providers.
(9) For the VHC the following conditions apply to cancellations:
- In case of cancellations up to and including April 28th 2016, the participants recover the entry fee less € 8, 00 administrative charges.
- Cancellations from April 29th 2016 will not be accepted. In that case you will get no money back and no starter package can be sent by mail.
- The refund will be paid 60 days after receiving the written cancellation.
Due to personalized starting spots the passing on of a starting spot to a third person only can be done by the company and not by the participant.
(10) Cancellations can only be accepted when submitted in writing.
(11) The organizer reserves the right to withdraw from the contract with any participant until the official end of the event in accordance with §§ 324, 241 para. 2 German Civil Code [“BGB”]. Any settlement of such a withdrawal would be subject to legislation as specified in § 346 of the German Civil Code [“BGB”].
§ 4 Cancellation of the event – failure
In case the event was cancelled due to a force majeure, or the participant failed to show up in time for the race or a cancellation due to reasons the organizer has no control over, a participant has no legal base to claim a refund of the entry fee or a proportionate reimbursement for other damages, such as travel or accommodation expenses.
§ 5 Liability disclaimer
With the antecedent registration, I submit a self-willed and binding registration for an event of my choosing by the PLAN B event company GmbH and assert, without requiring further proof by the event organizer, to possess the skills, competencies and necessary experience that are mentioned in the regulations and required by all participants. Compensation claims brought forward by the participant against the event organizer, for whatever legal reason, are excluded. This does not apply, if the organizer, his legal representatives or his agents have acted with intent or with gross negligence in the execution of his duties or if the organizer is duly liable due to accountable damages resulting from injuries to the life, the body or the health of a person or the breach of constitutive contractual obligations. I consent to be subject to tests and inspections on my person and personal equipment as may be by authorized race personnel. I am familiar with and understand the conditions and regulations of the event and will abide by them. I agree to the publication of photographic and other audio-visual materials obtained during the event (includes participant details as noted in the publicized ranking list) . With the release of my E-mail contact information, I knowingly accept that PLAN B event company GmbH may use this email address to send additional event information. I certify with my signature that my participation in this event will be at my own risk and that I carry adequate insurance coverage in case I suffer an accident or injuries. Furthermore, by starting the event I solemnly affirm to be unaware of any health concerns that would undermine my participation in the race and that my physical level of performance meets the requirements that such an endurance race places on the body and mind in the context of obstacle trail-running races.
A participant is obliged to wear their start number during the race so it is clearly visible at all times during the race. The start number bib is personalized and, as such, not transferable. Participants (even from the same team) may not swap start numbers. The transponder chip attached to the start number will be scanned for information at the race start, at checkpoints along the course and at the finish. The Chip has to be returned asap after the race but the latest until June 29th 2016 – otherweise the participant is not entitled to a refund of the transponder deposit any longer. Transferring the transponder to another person, defacing or willfully covering up the start number bib will lead to disqualification. Only participants who have acknowledged and confirmed the disclaimer / waiver form with their signature may start at VIKING HEROES CHALLENGE 2015. For , The organizer accepts no liability for any individuals who use the obstacle course without being in possession of a start number or run along unauthorized or wear the bib of another person.
Participants are advised to take out liability insurance / international health insurance that includes coverage of costs that may be associated a patient’s repratriation.
§ 6 Data acquisition and utilization
(1) Participants agree that personal data can be provided to a third party for the purposes of timekeeping, compiling lists of the results, as well as publication of those lists on the internet.
(2) Personal data provided in the registration process by the participant will be stored and used for purposes that are connected with executing the event only, especially with regard to data associated with the payment process (§ 28 BundesdatenschutzG). By registering the participant agrees that his/her data is stored for that purpose.
(3) Participants agree that photos, video material, and interviews made in connection with their participation in the event can be broadcast and published on TV, the radio, in print, books, photo copies (video footage, video tapes, etc.) without entitlement for re-embursement. Moreover, participants agree that personal data can be passed on to a third party commissioned by the organizer for the specific purpose of mailing photos of participants taken on the course or in the finish. However, participants are not required to pay for such service unless they choose to purchase such photos / videos.
(4) The participant agrees that his/her last name, first name, year of birth, team name, starting number and results (ranking, times) may be published in all print media relevant to the event (participant list, scoring board) and in all electronic media such as the internet.
(5) Participants can express their objection to the publication of their personal data in writing (by fax or e-mail) to the organizer.
(6) The participant herewith accepts that the PLAN B event company GmbH can use his/her E-Mail address to send him/her further information.
§ 7 Statute of Limitations/ Place Jurisdiction
Any claims by the participant towards PLAN B event company GmbH irrespective of its legal ground, are subject to the statute of limitation of one year after the contractually specified end of the race event. The legal place of jurisdiction for any settlement of dispute(s) is Munich, Germany. The legal and contractual relationship between the participant and PLAN B event company GmbH shall be entirely subject to German law.