of SKI KLUB JIZERSKÁ PADESÁTKA z. s., an association with its registered office at Jablonecká 21, Liberec 1, Postal Code 460 01, Id. No.: 41324471, registered in the Register of Associations kept by the Regional Court in Ústí nad Labem, Section L, File 377 (hereinafter the “Seller”), governing the sale of entries (entry fees) for races included in the “2019 Jizerská 50” sports event (hereinafter the “Event”), and other services and goods related to this Event in the e-shop operated at www.sportid.cz.
1.1. In accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), these Seller’s Terms and Conditions (hereinafter the “T&C”) provide for the mutual rights and obligations of the Parties established in relation to or under a purchase contract (hereinafter the “Purchase Contract”) entered into by and between the Seller and a natural person (hereinafter the “Buyer”) by means of the Seller’s e-shop, concerning especially the purchase of services in the form of an entry (entry fee) and other additional services or goods related to the Event (hereinafter separately or jointly the “Subject of Purchase”). The Seller operates the e-shop on a website at www.sportid.cz (hereinafter the “Website”) via a website interface (hereinafter the “Website Interface”).
1.2. Provisions deviating from the T&C may be agreed in the Purchase Contract. Any deviating provisions contained in the Purchase Contract shall prevail over the provisions of the T&C.
1.3. The provisions of the T&C form an integral part of each Purchase Contract. The Purchase Contract and the T&C are drawn up in the Czech language.
1.4. The Seller may change and/or supplement the wording of the T&C. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous versions of the T&C.
1.5. The Buyer agrees with the use of means of distance communication in ordering the Subject of Purchase. Any costs incurred by the Buyer in the use of means of distance communication in relation to execution of the Purchase Contract (costs of internet connection, telephone charges) shall be borne by the Buyer him/herself.
1.6. These T&C also:
a) provide information to Buyers who are consumers on their rights following from the Contract and legal regulations on consumer protection;
b) comprise the consent of Buyers who are consumers to personal data processing by the Seller and provide information to data subjects on the duration and purpose of processing, and on the scope of personal data in respect of which the consent is being given.
1.7. A Buyer who is a consumer is any individual who, outside his/her trade, business or profession, enters into an agreement or has other dealings with the Seller, who is in the position of entrepreneur (hereinafter and hereinabove also a “consumer”).
1.8. These T&C are displayed on a website and can thus be saved and reproduced by the Buyer.
1.9. If a consumer dispute arises between the Seller and a Buyer who is a consumer based on the Purchase Contract and the parties are unable to resolve the dispute by mutual agreement, the Buyer (consumer) may file an application for out-of-court resolution of the dispute with an entity authorised to deal with out-of-court resolution of consumer disputes, specifically the Czech Trade Inspectorate, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org, web: adr.coi.cz.
2. USER ACCOUNT
2.1. The Buyer shall order the Subject of Purchase directly from the Website Interface after his/her registration.
2.2. The Buyer must always provide accurate and true data when registering on the Website and ordering the Subject of Purchase. The Buyer is obliged to update the data set out within the purchase order in case of any change in the data, and inform the Seller of such changes. The Seller deems that the data provided by the Buyer when ordering the Subject of Purchase are accurate.
3. EXECUTION OF PURCHASE CONTRACT
3.1. The possibility of registering for any given race in the Website Interface is indicative only and the Seller is not obliged to enter into a Purchase Contract concerning the Subject of Purchase. Section 1732 (2) of the Civil Code shall not apply.
3.2. The Website Interface comprises information on the Subject of Purchase, including primarily specification of prices of the individual Subjects of Purchase. The prices of the Subjects of Purchase remain valid as long as they are displayed in the Website Interface. This provision shall in no way limit the Seller’s option to enter into a Purchase Contract under terms and conditions agreed individually.
3.3. To place a purchase order, the Buyer shall fill in the order form in the Website Interface. The order form includes, in particular, information on:
3.3.1. the entry being ordered;
3.3.2. any additional services and/or goods being ordered;
3.3.2. the method of payment of the purchase price (hereinafter jointly the “Purchase Order”).
3.4. Before the Purchase Order is sent to the Seller, the Buyer can check and modify the data that (s)he specified in the order so that the Buyer can find and correct any mistakes made when filling in the Purchase Order. The Buyer sends the Purchase Order to the Seller by clicking on the button “Complete registration”. The Seller deems that the data provided in the Purchase Order are accurate. The Seller shall confirm the Purchase Order without delay after receiving it, by sending an e-mail to the Buyer’s e-mail address indicated in the Purchase Order (hereinafter the “Buyer’s e-mail address”).
3.5 The contractual relationship (Purchase Contract) between the Seller and the Buyer arises upon completion of the registration (acceptance), sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
3.6. The Buyer acknowledges and agrees that the Seller or the organiser may change the length and routing of any race included in the Event at any time due to unfavourable climate conditions (including, but not limited to, in case of insufficient snow cover, strong wind, etc.).
4. PRICE OF ENTRY AND PAYMENT TERMS
4.1. The Buyer may pay the price of the Subject of Purchase under the Purchase Contract to the Seller as follows:
by cashless transfer to the Seller’s account;
by payment card.
4.2. In case of cashless payment, the purchase price shall be payable within 3 days of execution of the Purchase Contract.
4.3. In case of cashless payment, the Buyer’s obligation to pay the purchase price is deemed performed as soon as the Seller’s account is credited with the relevant amount.
4.4. Refund of the entry fee for the Event – cross-country skiing races held in Bedřichov in Jizerské Mts. under the name “JIZERSKÁ 50” – is subject to insurance exclusively if the races are cancelled on the grounds of an insufficient snow cover, under the conditions specified in the relevant insurance policy. If the insurance conditions are met and the relevant insurance company pays out indemnity to the organiser of the given race, the entry fee shall be refunded to the individual registered participants without undue delay on their request in an amount determined pursuant to paragraph 4.5 of these T&C; the refund shall be made to the participant’s respective account specified to the Seller on request sent to the Buyer’s e-mail address set out in the Purchase Order within 30 days of the decision on cancellation of the race on the aforesaid grounds. The Buyer is obliged to deliver his/her request for a refund to the Seller not later than within 30 days of the date of the notification of cancellation of the Event or of the relevant race, as appropriate; the entitlement to the payment terminates upon expiry of this deadline. Entry fees are not refundable for the following races: sprint, children’s races, Jizerská firemní (corporate).
4.5. The amount of refund for individual races under paragraph 4.4 of these T&C is set as follows:
a) Jizerská 10 – individual registration CZK 432
b) Jizerská 10 – family registration CZK 816
c) Jizerská 25 CZK 898
d) Bedřichovská 30 CZK 831
e) Jizerská 50 CZK 1,120
4.6. The entitlement to a refund of the entry fee does not arise on any grounds other than specified in paragraph 4.4 of this Article; in particular, no entitlement to a refund arises in case of any change in the routing of any race included in the Event.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. Buyers who are consumers acknowledge that under Section 1837 (j) of the Civil Code (Act No. 89/2012 Coll.), it is not possible to withdraw from a Purchase Contract on the sale of an entry for a race included in the Event on the grounds specified therein.
5.2. Save for cases pursuant to paragraph 5.1 of this Article and subject to any other exemption set out in Section 1837 of the Civil Code, based on which it is not possible to withdraw from a contract, if a consumer ascertains forthwith after having received the Subject of Purchase, but not later than within 14 days, that the goods are unsuitable for the consumer for any reason, the consumer may withdraw from the Purchase Contract without stating a reason. If a consumer decides to exercise this right, the consumer must send a notice of exercise of the right to withdraw from the Purchase Contract to the Seller before expiry of the relevant deadline. In the notice of withdrawal, the consumer shall identify the contract, including, but not limited to, specification of his/her name and surname, number of the Purchase Order and date of purchase, and the number of the bank account or address for a refund of the purchase price. The consumer may use a sample notice of withdrawal to this end. At the same time, a Buyer who is a consumer must return the goods within 30 days of the withdrawal, where the goods must be returned complete, with all accompanying documents, undamaged, in the condition and having the value in which the Buyer accepted them. The money for the returned goods will be refunded to the consumer within 14 days of the effective date of the withdrawal by the Buyer and of receipt of the returned goods. The costs associated with the return of the goods (postage) shall be borne by the consumer. The Seller shall remit the money into the Buyer’s account or by postal order, based on the Buyer’s choice. The Seller may refuse a refund of the purchase price until the Buyer who is a consumer performs his/her obligation to return the accepted goods.
5.3. The Seller emphasises that the 14-day deadline for withdrawal from the Purchase Contract only applies to those Buyers who are consumers and only to those Contracts that are not subject to exemptions pursuant to Section 1837 of the Civil Code; in no case does it apply to Buyers other than consumers.
6. FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Buyer acquires the right to participate in the Event upon payment of the entire purchase price for the entry (entry fee) and after the organiser of the relevant Event has assigned him/her a start number in the manner specified in Art. 3 (3.4) and (3.5) of these T&C.
6.2. The assigned start number (bib) may only be collected in person at a place specified by the Seller against presentation of the Buyer’s identity document (ID, driver’s licence, passport or some other document issued by an official authority) containing the same identification details as those given in the Purchase Contract, or some other person may be authorised to collect the starting kit by means of an officially authenticated power of attorney. The power of attorney will identify the Buyer (principal) with his/her start number and the attorney who shall present his/her identity document. The starting kit for the family run may be collected by the Buyer for him/herself and/or for his/her family based on the printed Purchase Contract and against presentation of his/her identity document. In case of relay races, the starting kit for the entire team may be collected by one of the team members against presentation of his/her identity document and the Purchase Contract with the assigned start number.
6.3. The start number (bib; starting kit) cannot be sent by post or the starting kit delivered otherwise, either earlier or later. Kits that have not been collected cannot be collected and claimed at a later date.
6.4. Each Buyer must present the Purchase Contract with the assigned start number at the given Event.
6.5. Participation in the Event is not claimable. The Seller and the organiser of any Event reserve the right not to allow any Buyer to enter the Event, especially if the given Buyer has breached any rule of the Event or rules of fair play or decent behaviour at the Event or in past editions of the Event. Such a person will be refunded the entry fee into the account specified within registration.
6.6. The Seller shall address consumer complaints out of court via e-mail address email@example.com. The Seller shall send information on the manner of addressing any Buyer’s complaint to the Buyer’s e-mail address.
6.7. The Buyer hereby assumes the risk of a change in circumstances in terms of Section 1765 (2) of the Civil Code.
7. BUYER’S REPRESENTATIONS
7.1. The Buyer represents that:
- (s)he is completely healthy, without any health limitations that would limit or prevent his/her participation in the given Event;
- (s)he participates in the Event of his/her free volition, exclusively on his/her own responsibility and risk, and assumes all responsibility following from this decision;
- (s)he has been acquainted with all the safety rules of the Event, especially that it takes place in a demanding terrain and under demanding climate conditions;
- (s)he will respect and obey all instructions of the organiser and persons authorised by the organiser to organise the Event;
- (s)he acknowledges that the Event is physically and mentally demanding and recognises that it entails the danger of a serious injury. (S)he has considered the above and assumes this risk absolutely voluntarily;
- (s)he has considered and fully assumes the risk connected with individual obstacles that may change even during the Event with changing climate conditions, and which may be released or loosened, possibly causing even a serious, life-threatening injury. Neither the Seller nor the Event organiser assumes any liability for such situations;
- (s)he agrees with all the risks entailed in the route of the Event, whether known or unknown;
- (s)he acknowledges that (s)he him/herself is responsible for the condition of the sports apparel and equipment;
- (s)he acknowledges that accident insurance is automatically taken out for him/her within the registration in respect of his/her participation in the relevant race included in the Event.
7.2. The Buyer is aware that the neither the Seller nor the organiser is responsible for his/her health condition induced or caused by his/her participation in the Event. The Buyer is obliged to have his/her health condition checked and to read all the information provided by the organiser before the Event.
7.3. Furthermore, the Buyer irrevocably waives the right to compensation for any damage (harm) which might arise to him/her, whether under a contract or otherwise, in respect of any kind of damage (harm), incurred directly or indirectly, in the form of bodily injury, damage to property, loss of working capacity, or pain and suffering for the reason or as a consequence of his/her participation in the Event. This waiver and release of liability is provided for the benefit of the Seller, the organiser and all their representatives, agents and subcontractors, and all other persons participating in the Event, whether as participants or spectators.
7.4. The Buyer further acknowledges that all the activities and acts performed at the place of the Event that, in view of their nature, cannot be considered participation in the Event, are his/her private affairs. Neither the Seller not the Event organiser assumes any liability for such acts and any potential consequences thereof.
8. PERSONAL DATA PROTECTION
8.1. If the Buyer is a natural person, his/her personal data are protected under Act No. 101/2000 Coll., on personal data protection, as amended.
9. FINAL PROVISIONS
9.1. The following is necessary for successful registration of the Buyer:
a) grant the Seller and partners of the Events consent to personal data processing in the wording included in the registration form, and
b) approve these Seller’s Terms and Conditions; and
c) approve the rules and terms of the Event for which the entry and additional services are being purchased.
9.2. Where the relationship established by the Purchase Contract comprises an international (foreign) element, the Parties hereby agree that their relationship shall be governed by the Czech laws. This shall in no way prejudice consumers’ rights under the generally binding legal regulations.
9.3. If any provision hereof is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that is as close as possible, in its meaning, to the invalid provision. Invalidity or ineffectiveness of any provision shall in no way prejudice the validity of other provisions.
9.4. The Seller will archive each Purchase Contract, including the T&C, in electronic form, and the Contract is not accessible.
9.5. Seller’s contact details: mailing address - SKI KLUB JIZERSKÁ PADESÁTKA z. s., Jablonecká 21, Liberec 1, Postal Code 460 01, e-mail address - firstname.lastname@example.org, phone +420 485 100 194.
JIZERSKÁ 50 RACE RULES
SKI KLUB JIZERSKÁ PADESÁTKA z.s., with its registered office at Jablonecká 21, Liberec 1, Postal code 460 01, Identification no.: 41324471, entered in the register of associations administered by the Regional Court in Ústí nad Labem, section L, file 377
The organiser of the Jizerská 50 event reserves the right to disqualify from the race or, as the case may be, from the entire series any racer who demonstrably commits a breach of the rules defined by the Code of Ethics of the Czech Olympic Committee (here: http://www.olympic.cz/upload/files/EKODEX.pdf) (hereinafter referred to as the Code).
In the case of a particularly serious breach of the rules outlined in the Code, the organiser of the Jizerská 50 event reserves the right to ban the given racer from participation in later Jizerská 50 races. If the disqualified racer has already paid the starting fee for subsequent races at the time of disqualification, such starting fee will be forfeited to the organiser, which will use it at to its own discretion, especially, though not exclusively, as compensation for damage caused by the breach of the Code and for payment of the purchase price of the prizes for the winners of the children’s categories. The disqualified racer is not thereby released from personal responsibility for compensation for damage toward the entities incurring damage due to the racer’s breach of the Code. During the races of the Jizerská 50 event, racers are obligated to primarily comply with these rules; non-compliance with these rules could result in time penalisation or full disqualification:
Participants have the possibility to file complaints regarding the race result within five calendar days following the date of the race at the e-mail address email@example.com.
Taking or recording a video or audio recording of a profit-making action (for business purposes) requires RAUL's accreditation of the subject (email firstname.lastname@example.org). If this does not happen, the shooting or shooting of the event may be marked as "unfair competition", specifically parasitic reputation (Section 2982, Civil Code). Parasitic is the abuse of the reputation of a competitor, product or service of another competitor, in order to obtain a benefit for the results of his or her own business, which the competitor would otherwise not have achieved.
Reproach to reputation is prohibited and, in accordance with Section 2988 of the Civil Code, a person whose law was threatened or infringed by an unfair competition may demand against the interrogator to abstain from unfair competition or to remove the wrong condition. It may also require reasonable satisfaction, compensation and unjust enrichment.
Without a proper permit, it is not possible to use the trademark of the project. If this happened, it would be a violation of trademark rights. The eligible person or entity may claim similar claims as unfair competition.
The organiser reserves the right to change the programme, instructions, these rules and conditions without prior notification.
In Liberec, on 19 February 2018
for SKI KLUB JIZERSKÁ PADESÁTKA z. s.