General Terms & Conditions
Enschede Marathon – individual participation
Article 1 Definitions
- The following definitions apply to these general terms & conditions:
- Organiser: Stichting Enschede Marathon (KvK 41027747).
- Event: a running competition, which forms part of the Enschede Marathon event, which is organised in any given year by the Organisers.
- Participant: the natural person, not acting as an entrepreneur, who has registered to participate in the Event, in a manner permitted by the Organiser.
- Agreement: the agreement relating to Participant’s participating in the Event.
- These General Terms & Conditions apply to all Agreements
Article 2 Participation
- Entry in the Event is only permitted to natural persons who have reached at least the minimum age set by the Organiser.
- The Participant may only take part in the Event provided that he or she has completed the appropriate registration form fully and truthfully, the registration fee is paid in full and the participant agrees with the general terms and conditions.
- The Participant shall personally take part in the Event. It is not allowed to have another person participate in the Event on behalf of the Participant.
- Transfer of an Agreement for the component ‘Marathon’ and ‘Half Marathon’ to a third party is possible up to 31 days prior to the Event, provided the Organiser has given permission.
- In case of cancellation of the Agreement by the Participant or by the organization due to a circumstance that is not due to the organization, the Participant owes the total amount to the Organizer and the registration fees and any extras ordered cannot be recovered by the Participant. If a Participant in the ‘Marathon’ or ‘Half Marathon’ has made use of the Cancellation Provision and the amount owed for this amount of € 2.50 has actually been credited to the Organizer’s account, then the Participant can, until March 31, 2022, cancel agreement free of charge. In that case, the registration fee plus any extras ordered by the Participant will be refunded. However, the participant cannot invoke this Cancellation Policy if the event is canceled by the Organizer due to circumstances not due to the Organizer.
- Requests for cancellation submitted after March 31th 2022 will not be processed.
- The Organiser can decide that the Event is cancelled due to exceptional circumstances. In this case the registration fee will not be refunded.
- Under exceptional circumstances, the Organiser may decide to prematurely end, postpone or neutralise the Event. Under the same exceptional circumstances, the Organiser may also decide to change the route or the distance to be run. In such cases, no refund of the registration fee will be made. The final two complete sentences of paragraph 7 are also applicable here.
- A decision by the Organiser to cancel the Event will not result in any liability for reimbursement of the costs incurred by the Participant.
- Registration after the start of the clinics is possible. You pay the full amount. If the shirts have already been ordered, the costs of the shirt will be deducted.
- If you want to change the distance, the price difference will be settled. This change must be notified to us in writing before January 1, 2022. For changes from January 1, 2022, if you want to walk a shorter distance, we do not refund money, for a longer distance you will receive an invoice for the price difference.
- Cancellation before September 1, 2021 is free of charge.
- Cancellation before January 1, 2022: you pay 50% of the package price. *
- Cancellation after January 1, 2022 is possible, but you will not receive your money back. *
* Only with a doctor’s statement we can offer you an opportunity to participate in clinics 2022/2023 with a discount of 25%.
Article 3 Liability
- Participation is at own risk. The Organiser shall not be liable for any damage whatsoever, which the Participant may suffer as a result of Participation, unless this damage is a direct result of wilful or gross neglect attributable to the Organiser. This exclusion of liability also applies to damages of a severe nature, such as all possible losses as a result of injury or death.
- If, despite the provisions of the first paragraph of this article, the Organiser’s liability for damage caused to the Participant must be assumed, the obligation of the Organiser to compensate for such damages is limited to the maximum amount the insurer of the Organiser will pay for such damages.
- The Participant must be adequately insured against the risk of loss, which the Participant or a next of kin may suffer as a result of his or her death, injury or illness resulting from participating in the Event.
- The Participant declares to be aware of the fact that participation requires both mental and physical fitness and declares to meet this requirement as well as having prepared adequately for the Event through training and in other ways. The Organiser expressly advises each Participant to undergo a sports medical examination in connection with his or her participation in the Event.
- The Participant shall indemnify the Organiser for any damages third parties may suffer as a result of the Participant’s actions or omissions relating to the Event. The Participant shall be adequately insured against the risk of liability for such loss.
- On the same basis as the Organiser, sponsors of the Event and the municipalities in which the Event takes place are excluded from liability
Article 4 Portrait Right
The Participant grants permission to the Organiser and its partners to publish photographs and images and similar material prior, during and after the Event in which the Participant is recognisable.
Article 5 Personal Data
The Organiser will store all personal data provided by the Participant in a database. By entering into the Agreement, the Participant grants permission to the Organiser to use the personal data for the provision of information to the Participant as well as the provision of the personal data to the Organiser and its partners for the purpose of sending information to the Participant. The Participant shall be entitled at any time and without charge to indicate in writing or by e-mail his or her objection to receiving information from the Organiser or to the provision of personal data to third parties. The Organiser will then cease to send information and/or cease to provide personal data to third parties. By entering into the Agreement, the Participant grants permission to the Organiser to disclose his or her name and race results, for instance, through publication in newspapers and on the Internet.
Article 6 Settlement of Disputes
Any disputes between the Organiser and the Participant will be settled outside of court through arbitration in accordance with the Arbitration Rules of the Atletiekunie [Dutch Athletics Union] or, failing that, the rules of the Dutch Arbitration Institute. A dispute is deemed to exist if one of the two parties states that this is the case.
Article 7 Race Regulations
The race regulations of the Enschede Marathon, which form part of these general terms and conditions, are applicable to participation by the Participant in the Event.
Article 8 Validity Provisions
If one or more articles of these conditions would be invalid or illegal, for whatever reason, this shall not affect the validity of the other conditions of these conditions.