MTB Trilogy – General Terms
General Terms and Conditions
Association MTB Trilogy z.s., registered office at Palackého 279 549 31 Hronov, Company ID No. 07897278, incorporated in the Companies Register kept by the Regional Court in Hradec Králové, reg. No. L12922 (hereinafter also the “Organiser”) is the organiser of mountain bike races and of other sports events.
Contact: firstname.lastname@example.org, Chairman of the association and race director Václav Hornych +420 608 345 120
1 INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions (hereinafter the “GTC”) of the Organiser govern – pursuant to Section 1751, paragraph 1 of Act No. 89/2012, Coll., the Civil Code (hereinafter the "Civil Code") – the mutual rights and obligations arising in connection with the purchase contract (hereinafter the "Purchase Contract") concluded between the Organiser and any other natural person (hereinafter the "Participant") through the online store of the Organiser the subject of which is the payment of starting fee to any of the sports events. The online store is operated by the Organiser on the website located at the internet address www.registrace.mtbtrilogy.cz (hereinafter the “Website”) through the Website interface (hereinafter the “Online Store Web Interface”).
1.2 Provisions derogating from the GTC may be agreed on in the Purchase Contract. Such derogating provisions contained in the Purchase Contract shall prevail over the provisions of the GTC.
1.3 The provisions of the GTC are integral part of the Purchase Contract. The Purchase Contract and the GTC are made in the Czech language.
1.4 The wording of the GTC may be changed or supplemented by the Seller. This provision shall not affect the rights and obligations which arose during the effective period of the previous version of the GTC.
1.5 The Participant agrees to the use of means of distance communication in ordering goods (starting fee). The costs incurred by the Participant in association with using means of distance communication in connection with concluding a purchase contract (cost of internet connection, telephone costs) shall be borne by the Participant.
1.6 These GTC also inform the Participant of their rights under the Purchase Contract and legal regulations on the protection of customers.
1.7 The GTC are available at the Website, and the Participant may archive or copy the GTC.
1.8 The Organiser hereby informs the Participant – pursuant to Section 14 of the Act on Consumer Protection – that customer disputes may be resolved out of court with the competent body, i.e., the Czech Trade Inspection Authority www.coi.cz (http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr).
2 CONCLUSION OF THE PURCHASE CONTRACT
2.1 The Participant orders goods (starting fee) after registration directly from the Online Store Web Interface. Only registered Participants may participate in the race. Based on the registration, the Organiser allows participation in the race and provides other ordered related material performance. By registering through the Online Store Web Interface, the Participant confirms that they have read these GTC prior to concluding the Purchase Contract.
2.2 When registering on the Website and when ordering the starting fee, the Participant shall provide correct and true information. The registration form contains, in particular, these details: first name, surname, sex, date of birth, address, citizenship, valid e-mail address, telephone number, and payment method.
2.3 The Online Store Web Interface contains information about goods, including prices of individual starting fees for individual events. The price of starting fee includes VAT and all related charges, unless stated otherwise. The price of starting fee remains in force as long as they are displayed on the Online Store Web Interface. This provision shall not limit the Organiser’s option to conclude the Purchase Contract under individually negotiated conditions.
2.4 The Participant agrees to the use of means of distance communication in concluding the Purchase Contract.
2.5 The contractual relationship (Purchase Contract) between the Organiser and the Participant is concluded upon completing the registration (acceptance), which is sent to the Participant to their e-mail address.
3 STARTING FEE PRICE AND PAYMENT TERMS
3.1 The price of the starting fee under the Purchase Contract may be paid by the Participant as follows:
a) by payment card;
b) by wire transfer to the Organiser’s bank account;
c) in cash on site.
3.2 These payment methods are offered and accepted according to current availability or depending on the specific performance or registration time. The Participant shall respect the options provided on the Online Store Web Interface.
3.3 In the case of a cashless payment, the purchase price shall be payable within three days from the conclusion of the Purchase Contract.
3.4 In the case of a cashless payment, the obligation of the Participant to pay the purchase price shall be deemed fulfilled upon crediting the amount to the Organiser's Account.
4 OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The Participant acquires the right to take part in the event upon paying the entire purchase price.
4.2 The Organiser ensures the handling of out-of-court customer complaints through the e-mail address email@example.com. The Organiser shall send information on the handling of complaints to the Participant’s e-mail address.
4.3 The Participant hereby assumes the risk of changing circumstances within the meaning of Section 1765(2) of the Civil Code.
4.4 Goods shall be delivered to the address indicated and confirmed in the Purchase Contract. The Participant shall take over the ordered goods. If not, the Organiser shall require compensation for the delivery cost.
5 WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Participant acknowledges that pursuant to Section 1837 of the Civil Code it cannot withdraw from the Purchase Contract based on the reasons specified therein.
6 DECLARATIONS OF THE PARTICIPANT
6.1 The Participant declares that:
- he/she is completely healthy and have no medical restrictions that would limit or prevent their participation in the event;
- he/she participates in the event based on their free will and on their exclusive liability and risk and assume all liability resulting from such a decision;
- he/she has become familiar with all the safety rules of the event, in particular that it is held in a challenging terrain and harsh climatic conditions;
- he/she will respect and follow any instructions of the Organiser or its persons authorized to organise the event;
- he/she acknowledges that the event is physically exhausting and mentally demanding and understands that there may be a risk of serious injury in the event. The Participant has considered this situation and willingly assumes that risk;
- he/she has considered and fully assume the risk associated with individual obstacles, which may change in different weather conditions during the event or loosen, which could
result in serious life-threatening injury. The Organiser shall not have any liability for these situations;
- he/she agrees to all known or unknown risks of the event track;
- he/she acknowledges his/her own liability for the condition of their sports equipment.
6.2 The Participant acknowledges that the Organiser is not liable for their health condition caused by taking part in the event. It is the responsibility of the Participant to have their medical condition examined and read all the information provided by the Organiser.
6.3 The Participant further irrevocably waives their right to compensation for any injury (damage) that they might have under contract or otherwise for any type of injury (damage) suffered directly or indirectly whether in the form of bodily harm, damage property, loss of work capacity, pain, or suffering due to or as a result of their participation in the event. The Participant grants this waiver and release from liability to the benefit of the Organiser and all their representatives, agents, subcontractors, or any other person participating in the event actively or as spectators.
6.4 The Participant further acknowledges that all activities and actions at the venue of the event the nature of which cannot attributed to the event participation are their own private affairs. The Organiser shall have no liability for any such activities or their consequences.
7 FINAL PROVISIONS
7.1 For successful registration of the Participant, it is required to accept these GTC and the rules and conditions of the event for which the starting fee or additional services are ordered.
7.2 Should the relationship under the Purchase Contract contain an international (foreign) element, then the Parties agree that such a relationship shall be governed by the Czech law. This shall not affect the rights of the Participant resulting from generally binding legislation.
7.3 If any of the provisions of the GTC is or becomes invalid or unenforceable, it shall be replaced by a provision which best meets the original meaning of the invalid or unenforceable provision. Invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions.
7.4 The Purchase Contract, including the GTC, is archived by the Organiser in electronic form and is not accessible.
8 PERSONAL DATA PROTECTION
8.1 Protection of the Participant’s personal data is ensured by Act No. 101/2000 Coll., on Personal Data Protection, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
8.2 Based on the registration to the event, the following personal data of the Participant shall be processed: first name, surname, address, e-mail address, telephone number, and delivery address (hereinafter “Personal Data”) indicated in the registration form. Based on their legitimate interest, the Organiser may process these Personal Date of the Participant: sex, date of birth, sports club, nationality, starting number.
8.3 The Participant agrees to taking their audio and video recording for the purpose of promoting the races of MTB Trilogy, z. s. or its sponsors.
8.4 The Participant acknowledges the processing of the Personal Data for the purpose of performing the rights and obligations under the Purchase Contract, i.e., organization and implementation of the race, including records of the results.
8.5 The Participant has the right to reject sending of marketing communications of the Organiser.
8.6 The Participant acknowledges that they are obligated to state (upon registration, in placing orders from the Online Store Web Interface) only correct and truthful data and that they are obliged to inform the Organiser of its change without undue delay.
8.7 The Participant may delegate the processing of the Personal Data in the same extent and for the same purpose to a third party based on a duly concluded data processing contract.
These GTC are valid and effective as of 1 February 2020.