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    General terms

    These General Terms and Conditions (hereinafter also the GTC) regulate the relations between the Organizer and the Participant in relation to the sporting events (hereinafter referred to as the Event or Events) organized by the Organizer and the athlete, a natural person who take part in such an Event.

    The Organizers for the purposes of these General Conditions are:
    Maratónsky klub Košice (Marathon Club Košice), ID 00595209, VAT SK2020777682, with registered seat Žriedlová 3444/30, 040 01 Košice-Staré mesto, registered by the Ministery of Interior of the Slovak Republic on 25 June 1990, no. VOS/1-900/90-194
    and
    Progress Promotion Košice, s. r. o., ID 31674437, VAT SK2020485412, with registered seat Žriedlová 3444/30, 040 01 Košice, registered in the Commercial Register of the District Court of Košice I, Section Sro, File no. 3252 / V.
    (hereinafter only the “Organizersˮ).

    I. Terms of participation in the Events

    1. These General Terms and Conditions are valid for all Participants in the individual Events to which they are clearly related. If necessary, the Organizer will provide an interpretation of these Conditions.

    2. Every person who meets all the requirements set by the Organizer in these General Terms, Propositions of the Events or other valid documents issued by the Organizer of the Events for the given year is authorized to take part in the Events and its individual competitive and non-competitive sporting disciplines as a Participant.

    3. The Organizer reserves the right to set special conditions for groups of Participants at individual Events at its own discretion and to do so without prior publication.

    II. Definition of basic concepts

    • Proposition – binding terms, instructions and information issued by the Organizer of the Events in written form for individual disciplines of the Events.
    • A Participant – is a natural person satisfying the conditions for taking part in the individual competitive or non-competitive discipline of the Events.
    • Discipline – the competitive or non-competitive program of the Event, which has clearly defined and distinguishable parameters, such as the course length, the course, day, hour and place of start and finish, method of measuring and evaluation of results, terms of participation and other essential information characterizing such a program component in the Event.
    • Group discipline – competitive or non-competitive programme Events intended for teams composed of the prescribed number of participants as is stated in the Propositions.
    • Online registration – method of registering for the Event using an electronic registration form which is published on the Web page of the Organizer (www.kosicemarathon.com).
    • Order – a document created in the process of on-line registration which contains data on the Participant and price of Registration for the Discipline selected by the Participant, a summary and price for all ordered accessories and data on the actual payment status for the given Order.
    • Registration – an electronic document generated after successful filling in and submitting of the registration form in the process of on-line registration for the Event.
    • Entry Fee – a financial fee set by the Organizer in the Propositions or in another similar document, which is paid by the Participant to the Organizer’s account as part of the registration process.
    • Variable symbol – is the number assigned during Registration for the purposes of identifying the payment of the Entry Fee.
    • Start Acceptance – written confirmation of the Organizer issued to the Event’s Participant upon meeting the terms of Registration.
    • Presentation – processes and activities, during which the Organizer at a location and time determined in advance issues to Participants a bib number and offers them additional information, services and material equipment defined in Propositions and Instructions for Participant in the Event.
    • Start time – the day and hour of start stated in the Event Propositions for the given year shall be considered as the start time for individual Disciplines. According to this data, the meeting of deadlines will be assessed in special cases pursuant to these General Terms, such as a Participant’s request for changes in his or her Registration, etc.

    III. Registration for Events

    1. Registration for Events creates a relation between the Organizer and a natural person defined as a Participant. This relation cannot be on the side of the Participant replaced by representation of another natural person or legal entity, not even if such a third person comes forward as a sports club, employer, sponsor or person otherwise related to the Participant.

    2. The only method of registration for Events is registration in advance in the on-line registration form, which is available on the Web page of the Organizer at www.kosicemarathon.com. A component of Online registration on the mentioned Web page is also the payment system set for the payment of the participation fee (hereinafter the Registration Fee).

    3. The Order and the Registration in accordance with Art. II of these General Terms and Conditions are generated from the registration process. The Registration is confirmed by the Organizer with the Acceptance of the start document. This is issued to the Participant if the Registration contains all mandatory data, these data are in line with the conditions of participation and the Entry Fee is paid within the specified period and amount. The deadline for the generally mass issuing of the Start Acceptance to all Participants is set by the Organizer, taking into consideration the date of the Event. A Participant may check the record of Registration on the Organizer’s Web page in the list of registered Participants, unless this is otherwise decided for the given Event.

    4. Registration is possible directly at the Event at the place of the Event’s Presentation only with special consent issued by the Organizer of the Event, a basic condition of which is that at the time of the Event the participation limit set by the Organizer for the selected Disciplines has not been met.

    5. The Organizer has the right in advance or at the time when Registration takes place to set a limit to the number of registered Participants in the individual Disciplines of the Event and to do so from capacity, security, logistical or other reasons, and also has the right to end Registration at any time or to alter the time of its ending.

    6. Properly filled out electronic Registrations for the Event’s Participants are entered into the lists and database in the order in which they are delivered to the Organizer.

    7. Each Participant may register for only one selected Discipline of the Event. The Organizer will permit an exception to provisions in the Propositions and will do so if the Disciplines have different time periods and if completing them does not endanger the sports-technical running of the Event and does not have a negative influence on the health of the Event’s Participant. A Participant of several Event’s Disciplines must without reservations satisfy all terms of the individual Disciplines of the Event that he or she takes part in.

    8. Registration for Group disciplines (e.g. the Relay, etc.) is governed by special instructions issued for such Disciplines.

    IV. Validity and acceptance of Registration for the Event

    1. A Registration form which is not submitted simultaneously with payment of the prescribed Registration Fee to the account of the Organizer is incomplete and shall be considered by the Organizer as invalid. The Organizer shall decide whether such a Registration is to be left in the records for further communication with the Participant. In the mentioned case, no claim arises to the Participant for keeping the Registration in the records nor a claim to start at the Event, and not even after payment of the owed Entry Fee that comes after the payment due deadline. A final decision on an invalid Registration remain in the exclusive competence of the Organizer.

    2. The Organizer has the right to not accept a Registration and to prevent someone starting at the Event, and may do so even in the case of payment of the Entry Fee if:

      3. a) The Participant put incomplete, inexact or misleading data into the registration form.
      b) The Participant was in the past demonstrably found guilty of a doping offense by an authorised national or international institution.
      c) A Participant who has been disqualified in the past at one of the Events organized by the Organizer.
      d) A Participant by his behaviour in the past demonstrably acted in defiance of these General Terms or the Event’s Propositions.

    3. After the creation of the start documents, the Organizer shall, in a time period according to individual determination, generate an „Acceptance of Start“ document for each Event Participant who satisfies all eligibility conditions for the Event. With this document, the Participant shall identify himself/herself in the manner specified in the Final Instructions at the Participants’ Presentation when collecting his/her bib number or other participation identifier.

    V. Non-transferable Registration and BIB number.

    Participation in the Event is a personal and non-transferable right which arises only to the Participant, namely by satisfying all terms of Registration for the Event. The basic identifier of a Participant from the security, health and sporting-technical viewpoints is only the bib number which is assigned to the Participant by the Organizer (unless another participation identifier is decided for the Event). The bib number assigned to a Participant is not transferable to another person. In the case of violation of this provision of General Terms, the persons demonstrated as having committed the violation run the risk of disqualification in the given year of the Event and also a ban on starting in future years.

    VI. Starting and associated processes

    1. Entry Fee

      2. a) The basic rates of the Entry Fee for the individual Event Disciplines is announced each year by the Organizer in the Event Propositions or in another document specified therein.
      b) The amount of the Entry Fee for the Event depends on the selected Discipline, the date of registration and the date of payment of the Entry Fee. The Participant is obligated to pay the Entry Fee in the amount prescribed for the day when the money will be recorded to the Organizer’s account.
      c) Additional sums may be added to the Entry Fee in the course of Registration, if the Participant orders during the on-line registration process any offered accessory services and goods in the given amount. In such case the Participant may pay the entire amount with one payment; otherwise the Entry Fee will be assessed as invalid with all the consequences according to these General Terms.
      d) Upon payment of another (understood as lower) sum than is the sum of the Order, the Organizer shall consider such an Order as invalid and may exclude it from the further process of registration.

    2. Payment of the Entry Fee is possible as follows:

      3. a) Payment by card
      Payment of the Entry Fee is possible only with a payment card, with the exceptions stated in these general conditions.
      The following payment cards are accepted:
      Master Card
      Master Card Electronic
      VISA
      VISA Electron
      Diners Club International.

      b) Payment by bank transfer
      Payment of the Entry Fee by bank transfer is possible only in the case of bulk payment of Registration codes on the basis of a regular order confirmed by the Organizer for such codes and in special cases, which are decided individually by the Organizer. The Organizer must give written consent to such payment and has the right to set additional Conditions.

      c) Payment with a registration code
      – Payment using a registration code is intended mainly for Event Partners and employers (hereinafter referred to as a Company) that offer Participation and starting in individual Events as a benefit for their employees or for other persons based on their own decision.
      – A Participant who has paid the Entry Fee with a registration code is not entitled to transfer his/her Participation (Start) according to a special procedure to another Participant, nor is he/she entitled to transfer his/her Participation (Start) to the next year of the Event.
      – In case of payment with a registration code, all obligations and rights of the Participant following from participation in the Event as stated in the General Terms and Conditions remain valid.

      When paying the Entry Fee for Participants in Group disciplines (e.g. the 4 x ¼ Relay, etc.), or if the Participant pays the Entry Fee with one payment for several participants of the Event, the Organizer will communicate with the Participant regarding such payment.

    3. Confirmations

      4. a) Individual confirmations are generated automatically and sent to the e-mail address entered by the Participant in the process of Online registration.
      – Confirmation on Registration for a race – is confirmation of successful Registration of the Participant for the Event in the chosen Discipline. This confirmation, without recording payment of the Entry Fee to the Organizer’s account, is for information purposes only.
      – Information about a new order – is confirmation of the successful creation and sending of an Order for the Event.
      – Confirmation regarding receipt of payment for an order – a tax document generated by the registration system after coupling a payment with an Order. It contains information about the selected Discipline and all additional services and goods that the Participant ordered in the registration process and payment details.
      b) The Organizer does not have the opportunity or even the obligation to issue other types of confirmation according to individual requests of Participants.

    VII. Cancellation of a start

    1. In the Event that the Participant cancels his/her start, the Organizer will not return the paid Entry Fee.

    2. A registered Participant who does not appear at the Presentation, does not pick up his or her bib number and does not make it to the start of the Event has no claim on a refunding of the Registration Fee or any claim for the refunding of possible other payments associated with participation. The Organizer in such a case has no obligation to offer or otherwise substitute an ordered service or to deliver material equipment and objects associated with the start at the Event.

    3. The possibilities of canceling the start, postponing the start or changing the Discipline are always regulated in more detail by the Propositions of a specific Event.

     

    VIII. Communication between the Organizer and a Participant

    1. The method of communication between the Organizer and a Participant is established at the authentic e-mail address of the Participant stated in his or her Registration and the e-mail address of the Organizer stated on the Web page and in the Event’s Propositions.

    2. The Organizer shall inform a Participant regarding all principle questions on the Event by sending messages to the authentic e-mail address.

    3. The Organizer is in no way responsible if the e-mail address of the Participant is not correct or updated for the receiving of such information.

    4. Due to the volume of communication, the Organizer is unable to guarantee a reply to questions and requests sent by a Participant to the e-mail address of the Organizer or to to other addresses connected with the activities of the Organizer (Facebook, Instagram, …) or take such requests through phone calls to the seat of the Organizer.

    5. The Organizer recommends that Participants thoroughly read all relevant KPM documents and thus avoid the need for other forms of communication. Among such documents are:

      6. a) General terms,
      b) Propositions,
      c) Final instructions,
      d) Frequently asked questions,
      e) Program of the Event,
      f) Newsletter.

    IX. Fulfilment provided to Participants for payment of the Entry Fee

    1. The Organizer annually defines the range of fulfilment of services and material products which it provides to properly registered Event Participants. This fulfilment will be published on the Web page of the Event. The Organizer has the right to define a limited number, quality or other parameter of such fulfilment depending on the total number of registered Participants or from the date on which a Participant registered for the Event. A Participant will be informed during the process of on-line registration about such possible limitations, and it will be up to him or her to decide whether to register for the KPM under these terms.

    2. No claim shall arise to a Participant to services or material products which are provided to the Event from the Event’s Partners as gifts or samples in a limited range up to the set number agreed between the Partner and the Organizer.

    X. Safety of participants
    Issues regarding the safety of Event Participants are regulated as follows:

    1. The Events take place regardless of the weather. The Organizer, however, reserves the right to cancel or interrupt the holding of the Event in the case of serious danger, which may be, but not only, an extreme swing in the air temperature, otherwise exceptionally unfavourable weather, the danger of a terrorist attack and other unforeseeable events and circumstances, which could endanger the health and safety of Participants, members of Organizational Teams and spectators. In such a case the Participant has no claim on the refunding of the Entry Fee or any part of it.

    2. The Organizer announces the organizational and safety instructions relating to participation in the Event to Participants in an appropriate way (by e-mail, publication on the Web page of the Organizer) and in a timely fashion before holding the Event. Each Participant is obligated to follow these instructions and measures following from them.

    3. Each Participant is obligated to respect and observe the instructions of identified members of the Event’s Organizational Team and Organizers of the Event during the whole duration of the Event.

    4. The use of any technical equipment or aids which can favour a Participant or hinder another Participant or endanger the health of Participants and spectators is prohibited. Participation of participants on bicycles, push-bikes, skateboards, scooters, skates and other sports and walking aids is strictly forbidden.

    5. The participation of a participant with a child in a pram is likewise forbidden in all Events, unless the Propositions of a particular Event state otherwise.

    6. The use of inline skates or wheelchairs for disabled participants is permitted only in the disciplines intended for them.

    7. The accompanying of Participants by other persons along the course during the Event on bicycles and similar transport vehicles is prohibited and may have as a consequence disqualification of the so-accompanied Participant. Only persons accredited and properly identified by the Organizer for the purpose of fulfilling tasks defined by the Organizer may move along the course on bicycles or similar transport devices.

    8. If a Participant demonstrably strays from the prescribed course of the given Event’s discipline, violates the safety of Participants and/or spectators, or otherwise behaves in an unsporting manner, the Organizer is authorised to prohibit the Participant from continuing in the races and to disqualify him/her.

    9. Disqualification of a Participant is also possible in the case of completion of the races and additional demonstration of such an act by the Participant. In questions of disqualification the Organizer is governed by, in addition to these General Terms, also the rules of athletic in the wording of relevant documents of the World Athletics (WA) and the Slovak Athletics Association (SAZ).

    10. Members of the Event’s health service are authorised to prohibit a Participant from starting or continuing in participation at the Event if urgent protection of the health of the Participant is involved on the basis of an objective assessment of the health state of the Participant by a qualified member of the Event’s health service.

    XI. Elimination of Responsibility

    1. If the Organizer, compelled for reasons of force majeure, weather, war, terrorism or another threat before the start of the Event or during its running, must cancel the event, no claim to a refund shall arise to Participants, including to the Entry Fee, with respect to the fact that costs arose to the Organizer for preparation of the Event even before the cancellation of the Event itself.

    2. All Participants in the Event start at their own responsibility. The Organizer is not responsible for any material damage, losses of property or damage to health associated with participation in the Event or any travel to the Event and accommodation of the Participant at the site of the Event. A Participant is responsible for ensuring the relevant medical examination and obtaining information on his/her own health status in association with a decision to participate in any Event’s Discipline. The Organizer always considers the statement of the Participant regarding his/her health condition and the state of readiness for the selected Discipline of the Event stated in the Registration for the Event to be binding and relevant.

    3. Each Participant in the Event individually in his/her own name shall secure accident insurance, health insurance, medical care insurance or other types of insurance according to his/her own considerations.

    XII. Protection of Personal Data and Associated Processes

    1. The Organizer of the Events processes personal data of Participants in line with Regulation of the European Parliament and of the EU Council 2016/679 (GDPR) and Act No. 18/2018 on the Protection of Personal Data.

    2. The Organizer of the Events declares that all personal data are confidential and will be used only for purposes according to an Order made on the side of the Participant and confirmed on the side of the Organizer and for informing of a Participant regarding additional steps and activities of the Organizer and its contractual partners in the scope of the Event’s project.

    3. The conditions of processing personal data and specification of specific personal data, the processing of which the Participant expresses consent to, are contained herein.

    4. Photographs, film, interviews and other forms of recording of a Participant associated with his/her participation in the Events are available for the needs of the Organizer. The Organizer reserves the right to archive the mentioned records and to publish them in all forms. No financial, material or any other claim shall arise to a Participant in the case of such publication.

    XIII. Final and Special Provisions

    These General Terms acquire force on 15 February 2022 and replace the original wording and are valid without time limitation. The Organizer reserves the right to make changes and to supplement the General Terms of participation.