Terms and conditions
Article 1: Definitions
1.1. In these General Terms and Conditions, the following is understood under:
- Event: the running event organised by Stichting Sportevenementen Le Champion in any given year: Dam tot Damloop and / or the running event Damloop by night.
- Participant: the natural person who registered to take part in the Event, by way of any method allowed by the Organiser.
- Agreement: the Agreement governing the Participant’s participation in the Event.
- Organiser: the legal entity (in this case, Stichting Sportevenementen Le Champion) with which the Participant has concluded the Agreement.
1.2. These General Terms and Conditions are applicable to all Agreements.
Article 2: Participation
2.1. On the day of the actual Event, the Participant must have reached at least the minimum age established by the Organiser for the relevant Event. The mminimum age is 16 for the 10 English Mile Dam tot Damloop. The minimum age is 14 for the 5 English Mile Damloop by night.
2.2. The Participant can only take part in the Event if he or she has completed the relevant registration form in full and truthfully, on condition that the entry fees have been paid in full, and on condition that the Participant has agreed to the General Terms and Conditions.
2.3. Participants of the 10 English Mile fun run at the Dam tot Damloop and Participants of the 5 English Mile Damloop by night are allowed to transfer or sell their proof of participation and bib number to a different runner. Transfers are only allowed if done between 12 and 16 September 2016, before 11:59 (CET), via a module on www.damloop.nl.
2.4. If the Participant is somehow impeded and cannot take part in the Event, his or her entry fees will not be refunded. The same applies for other payments that were made pursuant to the Agreement. Participants who are also Le Champion members will be entitled to refunds of entry fees and payments for extra orders pursuant to the Agreement, on condition of written cancellation prior to 7 August 2016. If cancellation takes place after 7 August, Participants who are members of Le Champion will not be entitled to refunds pursuant to the Agreement either.
2.5. The Organiser reserves the right, at all times, to change the indicated times and dates of the Event due to exceptional circumstances, and / or to cancel the Event on account of force majeure or if deemed necessary by the organisation. In such cases the Participant will be unable to claim compensation for possible costs and / or losses incurred as a result. In principle the Participant will not receive a refund for entry fees and / or other payments.
2.6. The Participant is obliged to inform the Organiser on location, should the Event fail to progress in line with the Participant’s expectations. If the complaint is not dealt with to the Participant’s satisfaction on location, the Participant can submit a written motivated complaint to the Organiser, within 14 days after the actual Event.
Article 3: Liability
3.1. Participants take part at their own risk. The Organiser is not liable for any loss or damage whatsoever, suffered by the Participant as a result of participation, unless such loss or damage is a direct consequence of intentional actions or gross negligence on the part of the Organiser. This exclusion of liability also applies for serious types of loss or damage such as all possible instances of loss or damage resulting from injury or death. The Organiser will never be liable for indirect loss or damage, including wage costs and medical expenses and / or lost profit, regardless of how this loss or damage was incurred.
3.2. If, despite that stipulated in the first section of this Article, the Organiser is held accountable for loss or damage on the Participant’s part, such obligation on the Organiser’s part, to provide compensation for loss or damage, will be limited to the maximum amount paid out by the Organiser’s insurance provider for the relevant instance of loss or damage, on the understanding that the Organiser’s liability will be limited to € 5,000 (in words: five thousand Euro) per Agreement, should such insurance coverage lack.
3.3. The Participant must be sufficiently insured against the risks related to his or her death, injury or illness, with respect to loss or damage suffered by his or her (surviving) relatives as a result of the Participant taking part in the Event.
3.4. The Participant declares to be aware of the fact that participation requires good health in a physical and mental sense, and declares that he or she meets this requirement and has trained and prepared adequately for the Event. The Organiser expressly and urgently advises the Participant to undergo a sports medical examination for participation in the Event.
3.5. The Participant indemnifies the Organiser against liability for loss or damage possibly incurred by third parties as a result of any action or omission related to the Event, attributable to the Participant. The Participant must be sufficiently insured against the risks related to liability for such loss or damage.
3.6. The Organiser does not accept responsibility for lost items of clothing or other belongings of Participants. The same applies for items that are left behind in the changing facilities made available by the Organiser (or clothing collection area / cloakroom).
3.7. The foregoing provisions of Article 3 do not impair mandatory accountability under the law.
Article 4: Portrait rights
The photos, films or other (visual) material or (electronic) files, taken or created in connection with the Event or the Agreement, by or on behalf of the Organiser, are the property of the Organiser, irrespective of whether or not such materials were made available to the Participant or to third parties, unless agreed otherwise. The Participant provides his or her prior consent to the Organiser, to publish any photos, videos or other visual materials taken or created during, before or after the Event, on which the Participant may be visible, for communication purposes on the Organiser’s part (including commercial statements).
Article 5: Personal data
The Organiser will store the personal data provided by the Participant, in a database. By participating in the Event, the Participant also gives the Organiser permission to use his or her personal data for the purpose of sending information to the Participant, for internal anonymised data analysis, and – only on condition that the Participant gave his or her express written permission for this on the registration form – for the provision of personal data to third parties so that information can be forwarded to the Participant. By entering into the Agreement, the Participant gives the Organiser permission to disclose his or her name and race results, for example, by means of publication in newspapers or via the Internet.
Article 6: Rules
6.1. The Dam tot Damloop Rules, which form part of the General Terms and Conditions, are applicable to any participation in the Event, on the Participant’s part. The Rules are available at damloop.nl.
6.2. The Participant must follow instructions from the Organiser and / or from persons who, based on their clothing or other physical characteristics, appear to belong to the Organiser’s organisation.
6.3. The Organiser is entitled to disqualify and exclude any Participant from the Event if this Participant does not abide by these Rules or displays inappropriate or unsportsmanlike behaviour, or if this is deemed necessary on medical grounds or for an orderly progression of the Event.
6.4. All cases not provided for by these Rules will be decided by the Organiser.
Article 7: Disputes
7.1. The Agreement and any legal relationships between the Organiser and the Participant will be governed exclusively by Dutch law.
7.2. In the event of disputes resulting from the Agreement or any legal relationships ensuing from the Agreement, the Parties will first consult each other to try to settle the dispute amicably. If the Parties fail to achieve such amicable settlement, a dispute as intended in the foregoing will be settled exclusively by the court with jurisdiction in the Organiser’s district.