General Terms and Conditions for Participation in B2Run Running Events of Infront Sports & Media AG
§ 1 Scope of Application - Validity
(1) These General Terms and Conditions (hereinafter referred to as "GTC"), as amended, shall apply to all B2Run events (hereinafter referred to as "Events") held by Infront Sports & Media AG, Grafenauweg 2, 6302 Zug (hereinafter referred to as "Organiser") and regulate the legal relationship between the Company and its employees as participants in the Events (hereinafter referred to collectively as "Participants") and the Organiser.
(2) All declarations made by a participant to the Organiser shall be addressed to the Organiser at the address specified in paragraph 1.
§2 Conditions of participation - Security measures
(1) Participation before the age of 14 is excluded.
(2) Participation in events involving animals, bicycles, e-bikes, pushchairs and wheelchairs is prohibited. Participation using sports equipment of any kind is not permitted. Sports equipment carried along by participants may be confiscated by the organiser at any time until the end of the event. Excluded from this are Nordic Walking sticks of participants who are officially registered in the category "Walking" and who for safety reasons place themselves at the rear end of the starting field. If this is not followed, the organiser reserves the right to exclude participants from the event.
3) Participants are obliged to comply with all applicable mandatory provisions associated with participation in the event. This applies in particular to health and safety measures for the participants themselves and other persons involved in the event, which are defined within the framework of a specific safety/hygiene concept for the event (e.g. for pandemic containment). Corresponding measures of a specific safety/hygiene concept will be announced to the team captains of the companies by the organiser in good time before the event. The participant has to inform himself/herself about possible measures with his/her team captain before the event.
(4) All organizational measures to be observed by the participants shall be announced by the Organiser in good time before the start of the respective event. The announcement shall be made either on the organiser's website (www.b2run.ch) or directly on site on the day of the respective event. The participant is obliged to inform himself/herself about the specific organisational measures before arrival and to comply with them.
(5) It is imperative that the instructions of the Organiser and its personnel and security personnel be followed. This also applies to instructions and measures that are related to the implementation of a safety/hygiene concept or otherwise serve the safety and health of the participants or other persons involved in the event (e.g. in the case of participation during a pandemic). In the event of any infringements which could disturb the proper course of the event or endanger the safety of the other participants, the Organiser is entitled to exclude the participant concerned from the event at any time and/or to exclude the participant from the timekeeping (disqualification).
(6) Participation in an event may only be advertised internally or activated by the PR. It is generally forbidden to use the participation/starting places in an event for advertising purposes of any kind vis-à-vis third parties who do not belong to the operation of the participating company concerned or to carry out advertising activities at the event itself, unless there is a concrete written consent of the Organiser.
(7) Legally binding declarations can only be made to the participants by authorized persons of the Organiser. This group of persons includes, in particular, the event management on site, the members of the medical services attending the event, who can also prohibit the participant from participating or continuing to participate in the event if there are corresponding health signs to protect the participant.
§ 3 Registration - Participation fee - Terms of payment - Reimbursement
(1) Before participants can register with their names for an event, a team captain must first register the corresponding company / team with a customer account at B2Run, and the team captain must book starter packages for the desired event. The registration of a participant by name then takes place via an individual registration page of the respective team. The team captain receives the link to the corresponding individual registration page for forwarding within his team after booking starter packages for the respective event. In the course of their registration by name, all participants must take note of and accept the General Terms and Conditions and the data protection declaration of the organiser and validate their registration by providing a valid e-mail address. If the event is likely to take place under the conditions of a pandemic or comparable health-related circumstances, the participant must also provide his/her valid telephone number and the postcode of his/her place of residence in addition to his/her e-mail address when registering. The participant must give the organiser permission to pass on this information to the responsible health authorities for the purpose of traceability. Registrations by fax or other registrations by "electronic mail" will not be accepted unless B2Run expressly declares its willingness to do so in individual cases. If participants register by name by other means than via the individual registration page provided, the consent of each participant to the GTC and the data protection declaration must nevertheless be obtained and the registration of each participant must be validated by providing an e-mail address. The same applies to subsequent changes of participants within a team. The team captain is free to make changes to participants already named before the start of the event. The team captain can make changes online via his customer account or on the day of the event at the official information and registration point of the organiser. In such cases, the team captain shall ensure that the general terms and conditions provided by the Organiser and the data protection declaration as well as any safety/hygiene concept are made available to his team members.
In cases in which participants use a starter package at an event without prior registration by name in the organiser's system, the following shall apply: By booking the starting places, the team captain declares that he will make the organiser's GTC and data protection declaration accessible to all participants in his team and will obtain the participants' consent to these prior to the event. If the event takes place under the framework conditions of a pandemic or comparable health-relevant circumstances, it may be necessary that participation in the event is only possible with prior registration of each individual participant (employee) by name and by providing his/her valid contact details (e-mail address, telephone number, postcode of place of residence) for the purpose of traceability by the competent health authorities.
(2) The respective participation fee shall be charged by the Organiser by invoice and shall be payable within the respective period. Payments may be made with discharging effect on the mentioned bank details of the Organiser. With the binding booking, the electronic transmission of the invoice is approved.
In exceptional cases, the Organiser may agree to a credit card payment. In this case, the payment process by credit card is carried out by a third party (maxfunsports GmbH, Handelskai 388 / Büro 531, 1020 Vienna, Austria), which the Organiser has commissioned to do so.
(3) For companies that book at least 20 starter packages, it is possible for the Organiser to make a reservation for further starter packages in addition to the already booked ones. The starter packages named within the reservation will be converted into a binding booking by the official registration deadline of the respective event. The reservation will then be cancelled.
(4) If the participant limit has not yet been reached and the organizational conditions permit this, the Organiser can also offer registration on the day of the event by cash payment or on account, if a customer account is available.
(5) Should the officially approved participant limit be lower than the number of registrations received, companies will be considered for the event according to the order of the first booking made. In the event of non-inclusion, the participation fee already paid will be refunded. There shall be no claim for compensation in the event of non-inclusion.
(6) If a registered participant does not take part in the start, there is no claim to a refund of the participation fee.
(7) If a participant cannot participate for medical reasons and submits a corresponding medical certificate, he will receive a free starter package for participation in the event in the following year. Alternatively, a substitute participant can be named.
(8) In case of a complete, final cancellation of the event, the team captain will be informed and the already paid participation fee will be refunded by the Organiser. In case of a rescheduling within the last 90 days before the original event date to another day, the participant has the right to choose to have the already paid participation fee refunded or to participate in the rescheduled event or to participate in the event in the following year. The organiser shall inform the team captain in good time of the exact handling of the right of option together with the notification of the relocation. In the event of a rescheduling earlier than 90 days prior to the originally planned event as well as in the event of a rescheduling at which the original day of the event remains unchanged, the participant is not entitled to a refund.
(9) If the event already started has to be cancelled, the participant shall not be entitled to a refund.
§ 4 Disclaimer of liability
(1) The events shall always take place in all weathers.
(2) If the organiser is unable to hold an event without replacement for reasons for which the organiser is not responsible and is therefore unable to provide contractual services or to do so in accordance with the contract, the organiser shall not be liable for damages to the participant. The same applies in the event of the cancellation of an event for reasons for which the organiser is not responsible.
(3) The organiser is not liable for material damage and financial loss not caused by at least gross negligence; the exception to this limitation of liability is damage based on the culpable breach of a main contractual obligation of the organiser and for culpably caused personal injury (injury to life, body or health of a participant). The aforementioned limitations of liability also extend to the personal liability for damages of the employees, representatives, vicarious agents and third parties, which the organiser uses in connection with the execution of the event or with whom it is contractually connected for this purpose.
(4) The organiser assumes no liability for health risks of the participants in connection with the participation in events. It is the participant's responsibility to check his or her state of health beforehand and in particular to observe the health information contained on the organiser's website; it is also the participant's sole responsibility to take out appropriate insurance. Participation is at the participant's own risk. The organiser is not liable for injuries caused by other participants or third parties.
(5) Offers from partners of Infront Sports & Media AG (commercial third parties)
a. The implementation of offers from partners of the organiser is the sole responsibility of the partners. The organiser acts only as a mediator between customer and partner and excludes any liability. The services of the organiser are limited to collecting, describing and mediating offers.
b. A possible contract regarding the booking and execution of the respective partner offer is concluded directly between the customer and the respective partner. The fulfilment of the booked service as such does not represent any obligation on the part of Infront Sports & Media AG to perform. Infront Sports & Media AG is merely an intermediary.
§ 5 Data collection and utilisation
(1) For the purpose of the proper implementation of the events, including enabling the legally/officially required traceability of the participants for reasons of health protection (of e.g. COVID-19-related chains of infection) by the competent health authorities, the organiser collects corresponding personal data. The handling of this data is regulated in the organiser's data protection declaration, which applies to the event.
§ 6 Timekeeping, improper conduct
(1) A timekeeping chip will be issued for participation in the event. A guarantee and/or liability of the organiser because of the defectiveness of the chip, is excluded.
(2) The start number with integrated timekeeping chip, which is issued by the organiser, must be worn visibly at chest height. If the start number is forgotten, lost or not worn, there is no right to participation.
§ 7 Award Ceremony, Rankings
(1) In justified cases, the organiser reserves the right to exclude individual runners and teams from the classification. In principle, legal action is excluded in connection with the nomination of the winners of the rankings of the individual events.
§ 8 Final provisions
(1) Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to replace the invalid or unenforceable provision in whole or in part with a valid or enforceable provision that comes closest to the intended purpose and purpose of the invalid or unenforceable provision in an admissible manner. Headings have purely explanatory function and are non-binding.
(2) The place of jurisdiction for all disputes arising from this contract shall be Zug, Germany, as far as permissible.
(3) Insofar as there are no mandatory statutory provisions to the contrary, Swiss law shall apply exclusively.
(4) If there are any differences between the French, English, German and Italian versions of the GTC, the German version will always apply.
Zug, 12. February 2021