These General Terms and Conditions of Business and Participation (hereinafter: GTC) apply to all contracts concluded between us, SCNTSTS UG (haftungsbeschränkt), Münzstr. 10, 10178 Berlin (hereinafter: Organizer) and you as our customer (hereinafter: Participant) on the occasion of the North Sea Ultra Marathon (hereinafter: Event). The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
All agreements made between you and us in connection with the contract result in particular from these General Terms and Conditions of Business and Participation, our written order confirmation and our declaration of acceptance.
The version of the General Terms and Conditions valid at the time of conclusion of the contract shall be authoritative.
We do not accept any deviating mutual terms and conditions. This also applies if we do not expressly object to their inclusion.
Any person who has reached the age specified in the event announcement and is not subject to a starting ban may register for the event as a participant.
Each participant assures that he has trained to a sufficient extent for his participation in the event and that he is physically healthy.
Furthermore, each participant assures that he/she has undergone a medical health check prior to his/her participation in the event. The participant shall submit a corresponding medical certificate issued not more than 12 months ago to the organizer when the starting documents are handed out.
The presentation and advertising of goods, services and event registrations on our website does not constitute a binding offer to conclude a contract.
By submitting an order via our registration portal by clicking the button “Register now binding” you submit a legally binding offer to conclude a contract.
We will immediately confirm receipt of your offer submitted via our registration portal by e-mail.
A contract is not concluded until we have confirmed your order for goods and/or your registration for the event by e-mail.
A contract is also concluded if we have requested you to pay the purchase price after you have submitted your offer. This is the case, for example, if you have chosen a payment method during the ordering process that allows you to pay the purchase price directly via a payment service provider.
All prices are gross prices in EUR and include the statutory sales tax. The prices valid on the order / registration date are decisive.
Payment of the registration fees or the purchase price is due immediately upon conclusion of the contract.
You can pay the registration fees or the purchase price via the payment methods offered by us during the ordering process for your selection. We will inform you about the offered payment methods on our website.
As a buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.
Purchased goods and booked additional packages remain the property of the organizer until full payment of the purchase price.
A start at the event is only possible after full payment of the registration fees.
In case of non-participation there is no right for refund of registration fees. Non-participation is equal to disqualification due to violation of the rules of the competition.
The organizer reserves the right to cancel the event up to two months before the day of the event if the minimum number of 50 registrations has not been reached. Registration fees and monies already paid will be refunded or transferred to the next event at the participant’s option. Provided that the organizer is not guilty of intent or gross negligence, the organizer is not liable for damages to the participants.
If the organizer is obliged to change or cancel the event due to force majeure, pandemic, epidemic, riots, terror, weather conditions, catastrophes or impassability in connection with the running course on public or private property or due to official orders or for safety reasons, without intent or gross negligence on the part of the organizer, the organizer is not liable for damages to the participants.
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item.
The provisions of the Product Liability Act remain unaffected.
Each participant agrees that the photographs, film and/or sound recordings made by the participant during the event may be used free of charge by the organizer or the sponsors of the event for the purpose of reporting on the event as well as advertising for the event, its sponsors and/or its organizers in all known and unknown ways of use without time and place restrictions.
We process and publish the first name, surname, year of birth, indicated nationality, gender, if applicable the name of the team, start number and result (placing and times) of the participants in order to make participation and result lists publicly available on our website and pass on these data for publication by third parties (e.g. newspapers, result services (e.g. UTMB® Index), etc.) and store these data to create a results database of the event series.
After registration, there is no right to a refund of the registration fees according to § 312g No. 9 BGB.
A transfer of the booked starting place to another participant is not possible.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the Seller, Heidelberg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.