General Terms and Conditions
ERZBERGRODEO
In the interest of ensuring that the event runs smoothly, it is necessary to
inform all participants and visitors of the following conditions. Please read
the following general terms and conditions of business and participation, which
regulate the contractual relationship between you and Erzbergrodeo GmbH. The
safety regulations and mountain rules apply throughout the entire event site
without exception. By registering you expressly acknowledge this.
1. Scope
The general terms and conditions (GTC)
described below apply to all participants (hereinafter “participants”) and
visitors (hereinafter “visitors”) who take part in and/or visit an Erzbergrodeo
GmbH event. By participating in the event,
participants agree to these terms and conditions. Any conflicting terms and
conditions of the participant are expressly not valid.
The organizer is
Erzbergrodeo GmbH, Haupstraße 13, A-2202 Enzersfeld.
2. Participation & Safety
The participant undertakes to have read
the safety regulations and the technical regulations before registering and to
accept them. Failure to comply with the safety regulations or the technical
regulations can endanger the event and other people and will lead to the
exclusion of the participant without further explanation! In such a case, no
refund will be made. The organizer will inform participants of organizational
measures before the start of the event. The instructions of the organizer and
his appropriately identified staff must be followed without fail. In the event
of violations that disrupt the proper course of the event or could endanger the
safety of the participant himself or the other participants, the organizer is
entitled to exclude the person concerned from the event at any time and/or
disqualify him and to remove the participant from the event site.
Participation in and access to the event
site with vehicles is only permitted on the designated routes and areas if the
vehicle is registered and road-legal in Austria.
If there is no road approval, a report
must be presented to the organizer in which the suitability for operation
according to § 57a is confirmed by a motor vehicle technician, excluding
lighting systems, glazing and attachments that could hinder, endanger or even
be lost in off-road terrain.
The organizer reserves the right to have
random checks carried out by a vehicle technician and, if safety is not
adequate, will issue an absolute driving ban on the event site, so that a
defective vehicle may only leave the event site with an appropriate transport
or tow vehicle. The organizer's instructions must be followed fully!
The participant acknowledges that the
event area is almost entirely unpaved off-road routes. Even if this area is
used properly, damage to the participant's vehicle, such as paint damage, etc.
is likely, which the participant expressly accepts as part of his
participation.
Visitors are
obliged to strictly comply with all safety regulations, event conditions, fire
protection and administrative regulations as well as instructions from the
organizer, the property owner and those authorized to dispose of the event
site. Visitors are only allowed to stay in the designated visitor areas and
must not leave them under any circumstances. Failure to comply with such
regulations or failure to follow the instructions and instructions of the
organizer or the security forces can endanger the event and other people and
lead to the visitor being excluded from further participation in the event
without further justification! In this case there will be no refund of the
entry price.
The organizer
will inform visitors of further organizational measures before the start of the
event. The orders and instructions of the organizer and his representatives
must be followed without fail. In the event of violations that could disrupt
the orderly course of the event or endanger the safety of the visitor himself
or the other visitors, the organizer is entitled to exclude the visitor from
the event at any time and to prohibit further participation/visit of the event
.
Visitors may be
refused entry to the event if there are reasonable grounds to believe that the
event may be disrupted or other visitors may be disturbed. Access can also be
refused if the visitor has not complied with the terms and conditions, orders
or instructions at previous events. Persons who obstruct ticket sales or
attempt to offer or resell tickets privately may be expelled from the event
site.
3. Registration / payment conditions /
refund / organizational matters
Registration, confirmation
Registration is based on the online
registration form. As soon as the entry fee has been received, the entry is
valid and the starting place or participation place is reserved. After receipt
of payment, each participant receives a binding entry confirmation, possibly a
start number and all other details and information.
Ordering visitor and VIP tickets
All orders for visitor or VIP tickets,
whether by telephone, fax or online booking, are binding. The possibility of cancellation
or other contractual withdrawal is expressly not granted. Mandatory legal
remedies remain unaffected. The organizer is entitled to check the order and,
if necessary, to reject it or limit the quantity without giving any further
reasons. The stated ticket prices do not include postage and any fees. Postage
costs and credit card fees are invoiced separately. Purchased tickets cannot be
exchanged or returned. Children under 14 years of age do not require a ticket.
Any discounts granted on ticket prices are valid until revoked. Discounts
cannot be taken into account retrospectively.
Services
The scope of services is determined from
the descriptions in the registration form. Any services not expressly listed
are not included in the entry fee.
resignation
The participant is entitled to withdraw
from the contract and withdraw his entry. If the participant withdraws, the
entry fee amount will be refunded less the cancellation fee of €100 if he
announces his withdrawal up to six weeks before the start of the event, after
which the entry fee will not be refunded. The declaration of withdrawal must be
received by the organizer no later than six weeks before the start of the
event. Withdrawal must be made in writing either by registered letter, by fax
or by email and will be confirmed in writing by email by the organizer and is
only then considered accepted. The organizer is entitled to offset the
cancellation fee against the entry fee already paid. Any services not used by
the participant on site cannot be refunded. It is expressly pointed out that
the participant cannot transfer the contractual relationship (participation or
starting place and start number) to another person.
cancellation
The organizer reserves the right to
postpone or cancel the race at any time before the start of the event for
important reasons or to change, restrict, interrupt or cancel parts of the
event. In the event of a postponement, the participant has the right to either
request a refund of the entry fee minus a handling fee of EUR 40, or to take
part on a possible alternative date. In the event of cancellation, the entry
fee will be refunded minus the handling fee. For this purpose, the participant
must provide their bank details to office@erzbergrodeo.at within four weeks.
Third-party services will not be reimbursed. In the event of a postponement,
visitors have the opportunity to request participation on an alternative date.
In the event of a (even partial) cancellation, the entry price will not be
refunded. Any expenses incurred by the visitor cannot be claimed.
The organizer reserves the right to
cancel, restrict or cancel the event due to severe weather or unforeseeable
events and influences that endanger the event. In this case there will be no
refund.
4. Disclaimer
In cases of force majeure, the organizer
is entitled or obliged due to official orders or for security reasons to make
changes to the organization of the event or to cancel it. In these cases, the
organizer has no obligation to pay damages to the participant or visitors.
The participant/visitor acknowledges that
participation in motorsport events, particularly in the mountains and in a
quarry, entails considerable risks. It is the participant's responsibility to
correctly assess their driving skills and physical condition and to have their
health checked by a doctor beforehand. The organizer therefore assumes no
liability for any health risks to the participant in connection with
participation in the event. The same applies to visitors during their visit.
The organizer is not liable for personal injury, property damage or financial
loss. The participant is strongly recommended to take out appropriate
insurance, such as helicopter and recovery insurance, cancellation insurance,
etc.
The participant takes part in the event
at his or her own risk. The same applies to visitors. Participation requires
that the participant signs a declaration expressly acknowledging the
organizer's disclaimer of liability. This declaration will be sent to the
participant at the same time as the registration confirmation and must be
signed by hand and handed in personally to the organizer in the race office by
Thursday of the event at the latest . If the participant is not prepared to
sign the declaration of disclaimer of liability, he or she must notify the
organizer of this by registered letter within seven days of receiving the
declaration. In this case, participation in the event is not possible.
If no notification is made in a timely
manner or if the participant does not personally hand over the declaration of
limitation of liability to the organizer by the start of the event, the
participant will be excluded from participation. In this case, the participant
will not receive a refund of any entry fees already paid.
The participant is personally liable for
any damage to property or personal injury caused by the participant in
accordance with the statutory provisions; any liability on the part of
Erzbergrodeo GmbH and its agents is excluded.
5. Covid-19 and other infectious
diseases
Participation in the Erzbergrodeo is only
permitted if you are in a healthy physical condition. Registered participants
who have shown symptoms of an infection with the corona virus (SARS-CoV-2) or
another contagious disease in the period of 14 days before the start of the
event are not allowed to take part. The same applies to people who were ill
with Covid-19 or another infectious disease within this period and/or had
direct contact with a person suffering from Covid-19 or another infectious
disease. The same applies to visitors.
If necessary, the organizer will take
sufficient measures to prevent infection or the spread of Covid-19. The
participant will be informed about this, especially at the start of the event,
and must pay this without exception . A violation of this is considered a
security violation within the meaning of point 2 with the consequences
described there. However, the participant acknowledges that infection cannot
generally be ruled out at events and accepts this risk of participating.
Liability of the organizer and the people involved for Covid-19 illness and its
consequences is in any case excluded.
To combat the corona pandemic, several
legal and official measures were adopted to contain the coronavirus (Covid-19),
during which events such as the Erzbergrodeo were prohibited. If official or
legal measures are adopted (again) which result in a complete or partial
cancellation of the event, the participant has the right to choose either a
refund of the entry fee minus a manipulation fee of EUR 40, or participation
on a possible alternative date demand. If, for such reasons, a cancellation
occurs within one week before the planned start of the event or the event is
broken off, the entry fees and/or entry fees paid will not be refunded.
6.
Data collection and utilization
The personal data provided by the
participant/visitor during registration will be saved and processed for the
purposes of carrying out and managing the event. This also applies to the data
required for payment processing. Further details can be found in the
Erzbergrodeo GmbH privacy policy, which can be accessed on the website
www.erzbergrodeo.at.
If necessary for the implementation of
the event, the stored personal data will be passed on to a commercial third
party for the purpose of timekeeping, creating the results lists and publishing
these lists. If this is absolutely necessary for participation, by registering
the participant consents to the storage and forwarding of the data for this
purpose.
The last name, first name, year of birth,
nationality, motorcycle brand, gender, team if applicable, start number and
result (placement and times) as well as the photo of the participant are used
to display starter and result lists in all relevant media accompanying the
event (printed matter such as newspapers and result lists, as well as on the
Internet) or published and made accessible in the technically possible forms.
The participant/visitor agrees to the
sending of information (including by electronic mail). Consent to this can be
revoked at any time.
7.
Film and photo rights
During the event, photos, TV or film
recordings will be made, in which the participant/visitor may also be seen. As
far as the protection of the image of Section 78 of the Copyright Act is
concerned, the participant/visitor agrees that the photos, film recordings and
interviews of the participant taken in connection with participation in or
attendance at the event can be distributed, published or used by the organizer
in radio, television, print media, books, photomechanical reproductions (films,
DVDs, etc.) free of charge, without entitlement to remuneration, without time
or space restrictions, including for advertising purposes, provided that this
does not conflict with legitimate interests in accordance with Section 78 of
the Copyright Act (nude photos, drunkenness, criminal acts, etc.). The
organizer is therefore granted the transferable right to take photos and films
during the event and on the event site and to use these recordings for the
purposes of the organizer or general publications. In this context, the
participant/visitor waives any objections based on industrial property rights,
in particular copyright.
The participant/visitor can object to the
recording, storage and use of images for advertising purposes at any time. He
can also revoke his consent to use his images for advertising purposes at any
time. This can be done by email to the organizer or, ideally, directly to the
photographers on site. In this case, no further processing will take place or
the images will be deleted (unless further processing is necessary to
investigate and prosecute criminal offenses).
Any personal data contained in the
photos, TV or film recordings is processed based on the (overwhelming)
legitimate interest of the organizer in documenting the event and carrying out
announcements and advertising measures. Further details can be found in the
Erzbergrodeo GmbH data protection declaration, which can be accessed on the
website www.erzbergrodeo.at.
General
provisions
The participant/visitor is not permitted
to make or have made films, photographs, drawings or other images during the
event, except for private purposes.
The operation of drones or aircraft,
whether for commercial or private purposes, is prohibited.
The
distribution or sale of goods, printed matter, food or other items as well as
the provision of services of any kind. is only permitted with the organizer’s
prior written consent. The use of machines and devices brought in is only
permitted with the prior written consent of the organizer.
The invalidity or ineffectiveness of
individual provisions of these General Terms and Conditions or the other event
conditions does not affect the validity of the remaining provisions. The
invalid or ineffective provision must be replaced by one that comes closest to
the intent of the contract
Austrian law applies, excluding the
reference norms. The place of jurisdiction is Vienna.