Terms and conditions for participation in events of XLETIX GmbH
§ 1 Understanding
(1) The organizer of XLETIX sporting events is the XLETIX GmbH, Wrangelstr. 100, 10997 Berlin (AG Berlin Charlottenburg;. Trade Register No. HRB 152510B), hereinafter called XLETIX.
(2) This participation agreement forms the basis for participation in XLETIX events.
(3) All legally effective declarations require a participant in writing (email, letter, fax) and must be sent directly to the XLETIX GmbH.
§ 2 participate as an active participant, spectators & volunteer
(1) Minimum age & other personal information
To be allowed to actively participate, the participant must have reached the specified in the event description Minimum to event date. Is a participant at the wrong age, regardless of whether a circumvention of the minimum is intended it or not, the XLETIX GmbH is entitled to exclude him from the event. The same applies if the participant has not booked his ticket itself, even in the cases where it is not responsible for the wrong age statement. Demands XLETIX GmbH, resulting from the purchase of a ticket, stay of exclusion due to incorrect information age unaffected.
Incorrect or incomplete Other Personal Information may, at the discretion of the organizer or by him so that authorized persons at the discretion of the severity of the misrepresentation, regardless of whether the participant or a third party is responsible for such false information, leading to exclusion from the event.
For viewers regularly there is no minimum age. If at selected events a minimum age to be set, the same conditions as the participants.
(2) Authority and communication of rules of conduct
Before and during the event is permitted to the organizer and entrusted him with the task of people to set binding rules of conduct for participants and spectators and to communicate to ensure proper and safe for everyone involved running of the event. These instructions must be followed. Offenses that endanger the running of the event or the safety of participants or spectators, may result in disqualification or exclusion of participants and spectators. The resulting from an offense sanction is taken by the organizer or entrusted him with the task of people on site for personal discretion weighing the situation, the nature of the offense and the intelligibility of the participant.
Participants and spectators are obliged to, at any time to practice on the directly communicated by the organizer practices as an appropriate and respectful interaction with each other, the staff of the organizer and any other persons, systems and equipment against. In particular, spectators and participants commit to empty their bowels only within designated areas and still participate neither under the influence of drugs alcohol at the event. An infringement can be sanctioned with the exclusion from the event at the discretion of the organizer or by him to entitle people, even if this has been explicitly communicated outside the conditions of participation.
(3) exclusion from essential medical
Members of the medical services commissioned by the organizer empowered participants and spectators before and during the event excluded from further participation if further participation of the participants or spectators a danger to life and limb can not be unlikely.
(4) Animals & vehicles
Animals and vehicles are not allowed on the event site. Unless structurally conditionally possible, parking can be expelled; in these cases it is permitted viewers and subscribers to activate these in compliance with the traffic regulations. Guide dogs and the like, indispensable with appropriate disability animals are explicitly excluded from this rule, provided that their use for the Mitbringenden is imperative. For the safety of the other participants are covered by the exception surrogates for the entire duration of the event on a leash.
Active and passive advertising, for example. In the form of banners, advertising leaflets, for this purpose made garments Call, chants or “guerrilla actions” is participants and spectators only allowed with written permission from the organizer, an infringement may, at the discretion of the organizer or perform this task entrusted employees to exclusion from the event. Any resulting claims arising, in particular competition law nature reserves of the organizers. The same applies to the change, disfigurement or other manipulation of approved or even mounted by XLETIX GmbH advertising, especially advertising messages on the shirts and start numbers of participants or trademarks.
§ 3 Special features of the participants Tickets & Reimbursement of the ticket price
(1) You can apply online with a form. Entries sent by fax or other notifications via email will not be accepted. The registration (listing) will become effective only upon confirmation of registration (offer acceptance) by the organizer.
(2) Participants Tickets are personal, rewriting to third parties requires the permission of the organizer and is done in individual cases for a fee, a right to transfer does not exist.
(3) A refund of your ticket (including optional product purchases, spectator tickets, bus tickets and accommodations) for non-participation is excluded regularly, even if they previously indicated.
(4) If an event without compensation, the organizer is obliged to reimburse the ticket price. In cases of force majeure (for example, weather), official orders or factors that are beyond the control of the organizer, and detrimental to the safety or health of the participants, it is up to the organizers to postpone, cancel or modify a scheduled event. The organizer is then exempt from repayments and any liability for damages.
(5) The allocated start numbers are personal and may not be exchanged without permission with other participants before or during the event.
(6) A Right of withdrawal does not exist. Contracts for the provision of services in the areas as for residential purposes accommodation for other purposes, transport of goods, vehicle rental, delivery of food and beverages as well as provision of other services related to leisure activities if the contract for the provision providing for a specific date or period ( § 312g para. 2 sentence 1 no. 9 BGB). That is, unless the XLETIX GmbH offers services in the field of leisure activity, especially tickets for events, there is no withdrawal. Each order of tickets is so immediately after confirmation in accordance with II. 1 through XLETIX GmbH bound and obliged to accept and pay the tickets.
§ 4 Disclaimer
(1) Physical risks
The participant is aware that it can regularly lead to slight injuries caused by obstacles, the route, other participants or natural circumstances when XLETIX CHALLENGE. He is also known that even moderate and severe injuries to permanent paralysis and / or death can not be ruled out.
These include, but are not limited to (1) drowning; (2) almost drowning; (3) sprains; (4) strains; (5) fracture; (6) injuries caused by heat and cold; (7) overloading; (8) concussion; (9) Bites and / or engravings of animals; (10) contact with poisonous plants; (11) infections; (12) spinal cord injury; (13) stroke; (14) heart attack; (15) abrasions; (16) cuts.
The physical risks are associated with, but are not limited to (1) accidents while running, paddling, climbing, balancing, swimming; (2) contact or collision with other persons or objects, contact with other participants, contact or collision with motor vehicles or equipment in contact with natural or man-made fixed objects (eg collision with spectators or event staff.); (3) contact with obstacles and constructions as well as natural and artificial water / mud, bumps in the road and the surface, close proximity to and / or contact with dense smoke, tubes and rough wood; (4) risks associated with the equipment (eg broken, damaged or inadequate clothing and / or competition equipment, unforeseen failure of the equipment, difficult track conditions.); (5) weather-related risks (eg, extreme heat, extreme cold, rain, ice, rain, fog.); and (6) problems associated with the assessment and the behavior (z. B. Incorrect or inappropriate behavior of other participants, wrong or inappropriate behavior of the participant itself, errors in the assessment by the event staff).
The participant is aware that due can be ensured not always comprehensively by the route appropriate medical care and occurring medical problems can be more severe.
The participant confirms that he is physically able, the XLETIX CHALLENGE complete and immediately inform in emerging medical problems, the course workers and, if necessary, the XLETIX CHALLENGE cancel autonomously.
The participant confirms during XLETIX CHALLENGE to maintain a respectful and safety-conscious dealing with the other participants at any time to follow the instructions of the staff episode.
(2) risks for personal property
The participant is aware that there may be as part of the physical nature of XLETIX CHALLENGE to contamination, damage and destruction of worn during the XLETIX CHALLENGE body clothing and items, this is particularly, but not exclusively for helmet and other cameras and timepieces and electronic equipment and jewelry.
(3) Limitation of Liability
The XLETIX GmbH is only liable for property and financial losses that were caused by gross negligence or intent. Excluded from this limitation are damages due to the culpable breach of a contractual principal obligation of the organizer, and personal injury (injury to life, limb or health of a person). The above limitations also extend to the personal liability of employees, representatives, agents and third parties, which the organizer uses in connection with the execution of the event or with which it is connected for this purpose by contract.
the XLETIX GmbH is liable up to the amount of concluded liability insurance for cases of negligence and gross negligence caused injury. In cases of intent or gross negligence, the liability does not extend to unpredictable and atypical consequential damages.
The remuneration for medical services to his person, wherever it occurs, be borne by the participants themselves. The organizers do not provide insurance coverage for medical treatments. It is for the operator to maintain adequate insurance coverage for medical treatments. Notwithstanding the foregoing cases of liability for damages of the organizer is any liability of the organizers for medical treatment costs (including related costs, such as transportation and care) excluded.
The information on the websites XLETIX be entered with great care, but it can come here for technical or personal failures. Made available on the websites XLETIX information, in particular as regards dates, locations and content of events does not claim to accuracy, all from adult exposures are excluded.
(4) explicit declaration of participants
I have fully read this statement before the ticket purchase, understood and agree with her.
I will study the route plan of XLETIX CHALLENGE before the start and I should recognize indicators for any negligence in the design, arrangement of the obstacles or execution of the event, inform the organizers immediately on it and cancel my start in doubt. A claim for reimbursement does not exist.
I am physically able to participate at the XLETIX CHALLENGE and I have no knowledge or suspicion of a circumstance that puts my safety or health by participating in the XLETIX CHALLENGE in question.
I have a valid health insurance, the cost of treatment, resulting from XLETIX CHALLENGE accepts.
I agree with the provision of first aid and other medical treatments in the event of injury or illness (including but not limited to cardiopulmonary resuscitation and use of an automated external defibrillator) and relieves herewith the organizer and ask him from any liability or claims arising from such treatments, free.
I am aware that I for my own safety and to protect the other may break the XLETIX CHALLENGE. Participation in the XLETIX CHALLENGE is voluntary.
Images, sound recordings and videos, which partially or completely during and around the XLETIX CHALLENGE show me may, with or without mention of my personal data by the XLETIX GmbH on the Internet, radio, television, DVDs, books, etc. in a sport or lifestyle -Context be released, regardless of whether a reference to XLETIX takes place or not. A separate remuneration for such use does not require it.
§ 5 Severability
If any provision of this contract prove to be ineffective, void or unenforceable, the remaining terms and conditions and the effectiveness of the agreement remain unaffected.
§ 6 Subject to change
The organizer is allowed to unilaterally modify the conditions to be met to confirm and adjust, at a disadvantage when spectators and participants by not resist “good faith” and a change is deemed necessary. Reasons which may make a change deemed necessary, are particularly experience through events that will ensure a more secure and orderly conduct of the event in the future. Corresponding changes are made public on the website of XLETIX GmbH (www.xletix.de) or by e-mail.
§7 right Exclusion & jurisdiction
German law applies, excluding the CISG and the German international private law. Jurisdiction is Berlin, Germany.
Date: July 2016