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Terms and Conditions Jizerska 50 2024

TERMS AND CONDITIONS

Jizerská 50 2024

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 “2024 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.  INTRODUCTION

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”) either in person in a written form or 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. No charges apply for internet or phone connection with the Seller and the standard fees of the operator are used.

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: adr@coi.cz, web: adr.coi.cz. (http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr). The Buyer also has the right to out-of-court dispute resolution related to the purchase contract through the Online Dispute Resolution platform. Further information is available at http://www.ec.europa.eu/consumers/odr.

The application submission and the subsequent participation in the out-of-court dispute resolution is free of charge for the buyer, while any costs incurred in connection with the out-of-court dispute resolution are borne by each party separately. An application for out-of-court dispute resolution must be submitted within one year from the date on which the Buyer first lodged the claim which is the subject of the dispute with the Seller.

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;

3.3.3. the method of payment of the purchase price

3.3.4. membership in the Sports Association for Joy

(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 – Order with Payment Obligation ”. 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. Purchase Contract concluded in written form is created by the filling in and signing of the registration form for the given race by the buyer and its acceptance by the seller.

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.).

3.7 As well as the paying entry fee, buyers also have the opportunity to donate a sum directly to the Nadace rozvoje občanské společnosti, Organisation ID No.: 49279416 as part of the Pomozte dětem (Help Children) project (hereinafter “the Foundation”). The foundation will provide the donation in full to the supported stories of children.

3.8 On the basis of a cooperation agreement entered into with the Foundation, the Seller is only a payment point and the foundation is the direct beneficiary. Under the aforementioned agreement, the Foundation is obliged to provide the buyer (donor) with confirmation of entry into a donation agreement, if the buyer so requests by letter or e-mail

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;

- in cash (only if the race fee is bought at the Jizerská 50 race number distribution booth on 8th – 10th February 2024).

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. The Seller informs the Buyer about the payment of the price by sending an electronic communication message to the email address specified by the Buyer or the Customer in the registration form.

4.5. The Price is final, non-refundable and cannot be transferred to another Event.

4.6. 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 (within 90 days) 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 specified in the Purchase Order.. 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 for the above reason 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).

4.7. The amount of refund for individual races under paragraph 4.6. of these T&C is set as follows:

1. Jizerská 10 – individual registration           CZK 736

2. Jizerská 10 – family registration                CZK 1,376

3. Jizerská 17                                                  CZK 736

4. Jizerská 25                                                 CZK 1,192

5. Bedřichovská 30                                        CZK 1,072

6. Jizerská 50                                                 CZK 1,482

4.8. For reasons other than those mentioned in paragraph 4.4. of this article, the right to a refund of the entry fee does not arise, in particular does not arise in the event of any change in the route of any race included in the Event. If the race could not take place due to force majeure (e.g. extreme climatic conditions, a decision of a state authority), or any other reason that did not arise from the seller or. organizers (e.g. natural disaster, epidemics such as COVID 19, and related restrictions), the entry fee is not refunded, especially with regard to the costs expediently incurred by the seller reps. organizer for the implementation of the Event.

4.9. The right to a refund of the entry fee expires if the rules for participation in the event change, especially due to decisions of state authorities, government regulations, etc. only after the purchase of the entry fee itself.

5. Membership in Sports Association for Joy

5.1. If, during registration, the buyer takes advantage of the opportunity to activate membership of Sports Association for Joy, z.s., with its registered office at the address Přívozní 2a, 170 00 Prague 7, Organisation ID No.: 05580421, listed in the Register of Associations maintained by the Municipal Court of Prague, File No. L 67098, (hereinafter “Sports Association for Joy”), he/she shall be obliged to pay the Sports Association for Joy membership fee together with the entry fee (for which he/she will receive a discount in this case). The amount of the membership fee is shown on the web interface during registration, and the buyer then confirms his/her application to join Sports Association for Joy and the commitment to pay the membership fee in a purchase order.

5.2 Based on a cooperation agreement entered with Sports Association for Joy, the seller is only a payment point for paying the membership fee, and Sports Association for Joy is the direct recipient of the fee. At the request of the buyer by letter or e-mail, Sports Association for Joy shall provide confirmation of payment of the membership fee.

5.3 On the basis of a request to activate membership of Sports Association for Joy, the buyer shall receive a discount on the entry fee in the amount specified on the web interface. The buyer shall only be entitled to a discount on the entry fee if membership of Sports Association for Joy is established in compliance with Article III. of the statutes of Sports Association for Joy. If the buyer does not meet the conditions for membership of Sports Association for Joy, he/she shall lose his/her entitlement to the discount on the entry fee received during registration and shall be obliged to return the corresponding amount to the seller. At the same time, the buyer shall be obliged to a refund of the membership fee, where the buyer agrees that the amount paid for membership shall be automatically remitted to the seller to cover the amount of the discount provided on the entry fee.

5.4 If the discount on the entry fee exceeds the membership fee and the buyer loses his/her entitlement to the discount in accordance with Article 5.3. above, the seller shall be entitled to ask the buyer to refund the provided discount in full. Until the owed amount has been repaid in full, the seller shall be entitled to suspend the buyer’s starting fee for the event.

5.5 The membership fee for 2024 is CZK 300 per member for all age categories. 

6.  WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1.  Buyers who are consumers acknowledge that under Section 1837 (j) of the Civil Code (Act No. 89/2012 Coll.), as a contract for the use of leisure time, which the Seller provides on the specified date, it is not possible to withdraw from the Purchase Contract the subject of which is the sale of the entry for a race included in the Event.

6.2. Save for cases pursuant to paragraph 6.1 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.

6.3. 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.

7.  FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1.  The Buyer acquires the right to participate in the Event by paying the full purchase price of the entry fee, and after assigning the start number by the organizer of the relevant Event and in compliance with all current rules and propositions of the Event set by the seller or. the organizer of the Event located on www.jiz50.cz, with which the buyer must get acquainted before the Event and which he undertakes to comply with.

7.2.  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.

7.3. 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.

7.4. Each Buyer must present the Purchase Contract with the assigned start number at the given Event.

7.5. 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.

7.6.  The Seller shall address consumer complaints out of court via e-mail address info@jiz50.cz. The Seller shall send information on the manner of addressing any Buyer’s complaint to the Buyer’s e-mail address.

7.7.  The Buyer hereby assumes the risk of a change in circumstances in terms of Section 1765 (2) of the Civil Code.

7.8. By concluding the purchase contract, the buyer grants the seller, free of charge, a non-exclusive right to capture the image and to record the buyer's speech on audio, video or audio-visual recording, but only in connection with the Event, all of this for use in all known ways and technologies, without limitations on the duration and territory of use and any other restrictions, especially for the purpose of self-promotion of the seller, the Event, or the partners of the Event. The seller is entitled to grant or assign the rights from the acquired license in whole or in part, for a fee or free of charge, to a third party

8.  BUYER’S REPRESENTATIONS

8.1. 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.

-           is familiar with the current rules and regulations set by the seller or event. the organizer of the Events located at www.jiz50.cz, and which he undertakes to comply with;

-           become familiar with any changes to the rules, regulations and guidelines published by the organizers before the event, respectively. of the relevant plant included in the Event, especially at www.jiz50.cz.

8.2. 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.

8.3. 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.

8.4. 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.

9.  FINAL PROVISIONS

9.1. 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.

9.2.  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.

9.3.  The Seller will archive each Purchase Contract, including the T&C, in electronic form, and the Contract is not accessible.

9.4.  Seller’s contact details: mailing address - SKI KLUB JIZERSKÁ PADESÁTKA z. s., Jablonecká 21, Liberec 1, Postal Code 460 01, E-mail support, help with the registration for the Event and information about Events is provided by the Seller 5 days a week (Mon-Fri) from 9am to 5 pm at: e-mail address - info@jiz50.cz, phone number +420 776 011 800. The Seller reserves the right to restrict operation in times of emergencies and for operational reasons.

9.5. These Terms and Conditions including sections are valid and effective from 1st August 2023 and supersede the previous version of the Terms and Conditions including its sections and are available at the Seller’s registered office or electronically at www.jiz50.cz and www. sportid.online.

 

In Liberec, on 1 August 2023

SKI KLUB JIZERSKÁ PADESÁTKA z. s.

 

Martin Koucký, SKI KLUB JIZERSKÁ PADESÁTKA z. s.

Martin Hrabaň, SKI KLUB JIZERSKÁ PADESÁTKA z. s.

 

JIZERSKÁ 50 RACE RULES

ORGANISER

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

CO-ORGANISER

Asociace sportu pro radost, z.s., IČ: 05580421, with its registered office at Přívozní 2a, 170 00 Prague 7, registered in the Commercial Register kept in Prague, Section L, Insert 67098.

MARKETING PARTNER

RAUL s.r.o. with its registered office at Elišky Krásnohorské 5, Prague 1, Postal Code 110 00, Identification no.: 25608673; entered in the Commercial Register kept by the Municipal Court in Prague, file no. C 54464

Rules

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:

  • The racer is obligated to use the marked trail from the starting line to the finish line and to pass through all checkpoints on such trail.

  • The racer is obligated to travel the entire trail on skis only under his/her own power without aid from others or any other form of assistance.

  • The racer may not hinder other racers and must avoid collisions with them.

  • The racer is obliged to observe safe behavior in the track during the race.

  • Racers are not allowed to race the dogs.

  • The racer must enable faster racers to pass (within reasonable limits). Normally, slower racers should use the right track, faster racers the left track.

  • The racer may not discard rubbish on the trail outside of the designated zones located near the refreshment stations, approximately 100m before and 100m beyond the refreshment stations.

  • The racer must have his/her starting number visibly affixed to his/her chest (the starting number may not be altered in any way and must be used in such a manner that its entire area is visible) and an electronic chip attached.

  • The racer shall bear in mind that the starting number and chip are not transferrable to another person and violation of this rule will result in disqualification.

  • The racer is obligated to read the race instructions at www.jiz50.cz and to comply with all instructions issued by the organiser and published prior to the race.

  • Based on the general rules issued by the International Ski Federation (FIS), a competitor may not use any fluorine waxes. The organiser may carry out a spot check for the presence of prohibited fluorine on the skis of the competitor before or after the race. If the result of the test shows fluorine levels above the specified limit, the competitor will be excluded from the start or disqualified from the race.

  • The racer participates in the race at his/her own risk; by submitting the registration form, the racer confirms that his/her health condition allows him/her to take part in the race.

  • The racer is obligated to adhere to the classic style on the 50 km, 25 km and 10 km trails – failure to use this style can be a reason for disqualification.

  • Only persons over 15 years of age can participate in Jizerska 50 at 50 km. Persons under the age of 18 may participate in the race only with the consent of the legal representative. Other shorter races can be held by persons below the age of 18 only with the consent of the legal representative. For these races, the prohibition on start-up for persons under the age of 15 is not subject to the consent of the legal representative.

  • The racer is obligated to mark his/her skis with the enclosed stickers. Only one ski may be replaced during the race; replacement of poles is permitted.

  • In races using classic technique, the maximum permitted length of poles is 83% of the racer’s body height; in races using freestyle technique, the maximum permitted length of poles is 100% of the racer’s body height (body height is measured in ski boots; pole length is measured from the loop to the tip of the pole).

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 info@jiz50.cz.

The organiser reserves the right to change the programme, instructions, these rules and conditions without prior notification. 

In the event that we have to limit the capacity of the race to a lower number than the registered competitors due to covid-19, the previously registered competitors will have priority.

 

In Liberec, on 1 August 2023

 Martin Koucký

for SKI KLUB JIZERSKÁ PADESÁTKA z. s.