Registration and Participation Conditions

Registration Terms and Participation Conditions
Ötztaler Cycle Marathon

1

Organizer

The Ötztaler Cycle Marathon and all official "Side Events" are organized by (hereinafter referred to as "Organizer"):

Ötztal Tourismus
Gemeindestraße 4
6450 Sölden
+43 (0)57200 225
radmarathon@oetztal.com.

2

Event

The Ötztaler Cycle Marathon (hereinafter referred to as "Event") is an annual, highly renowned and demanding cycle race for amateurs and at the same time a major cycling event. The course of the "original" route with start and finish in Sölden covers 5500 altitude meters, leading through some high Alpine regions (up to 2508 m) in Tirol (Austria) and South Tyrol (Italy).

In the course of the marathon event (before, during or after), the organizer also schedules countless "Side Events" (for example individual time trials, entertainment shows, bike expo, supporting program etc.).

3

Applicable Regulations

The present registration terms and conditions of entry and participation apply to any participation in the Ötztaler Cycle Marathon or to connected Side Events.

The event is subject to the present registration terms and participation conditions, the rules and regulations that can be viewed in detail and all applicable national and international laws and regulations (in particular the StVO - Austrian Road Traffic Act and the Codice Stradale - Italian Road Traffic Act). If the registration terms and participation conditions and the rules and regulations contradict each other, the registration terms and participation conditions have priority.

By submitting the official registration form for the Ötztaler Cycle Marathon or by registering for a side event or participating in a side event, the participant agrees to these registration terms and participation conditions. The participant also agrees to the validity and applicability of the event's general rules and regulations which are referred to in these documents (for example anti-doping regulations, road traffic regulations). The participant acknowledges and accepts that violations of these regulations may lead to claims for damages, cancellations or blocked registrations and/or disqualifications.

As part of the registration/entry procedure for the event or participation in the event (including side events), several processing operations related to personal data are carried out. Further information can be found in the separate Privacy Policy - Ötztal Tourismus (in particular: point 12, Ötztaler Cycle Marathon) and the Privacy Policy - Websites.

4

Participation in the event

Athletes and cyclists (hereinafter referred to as "Participants") are entitled to take part in the event from the age of 18 years onwards. Participants who have completed at least the age of 16 are only allowed to participate in the race if accompanied by their parents or the person legally responsible, and upon presentation of a written confirmation of their parents or the person legally responsible when they pick up the starting number. The organizer reserves the right to verify all information provided by the participants, in particular by requesting further proof of age and identity and/or other information which may be requested at the discretion of the organizer.

Participation in the event requires excellent (physical and mental) health, stamina and physical condition. Therefore a medical check-up by a sports medicine expert is strongly recommended prior to the event.

Only persons who are under no physical or psychological influence, which could restrict their ability to understand and perform, are allowed to participate in the race. In particular, the participant must not be under the influence of alcohol, doping or drugs.

Persons who belong to a national or international association and are currently suspended for doping are not allowed to participate in the event.

5

Registration for the draw of starting places

The registration for the official draw of starting places (hereinafter "Registration") may only be carried out by eligible persons.

Registration is only possible online during the predefined registration period (01.02. - 28.02.2019) for a registration fee of € 5 plus a transaction and security fee of € 0.90. Payment can be made by bank transfer or by credit card. Payment in foreign currencies is based on the current exchange rate. Registrations made before or after the registration period will be considered obsolete by the organizer.

Registration is only possible online at www.oetztaler-radmarathon.com.

The receipt of the registration amount is confirmed by e-mail. The registration fee paid once (including transaction & security fees) will not be refunded in any form. Our partner Datasport AG guarantees the highest safety standards for this service offered.

It is possible to register as a single person, a mini group (2-4 persons) or a whole team (5 to 35 persons). If a mini group or a team is drawn, all participants who have officially registered in the registration list in the course of the registration process are automatically included. Multiple registrations are excepted - such registrations will be excluded from the official draw immediately without prior notice.

In the case of a mini group registration or a team registration, the fee of € 5 (plus € 0.90 transaction and security fees) per participant must be paid together in a single transaction. A maximum of 35 members can be part of a team. There is a separate mini group or team registration form available. Please check in advance if exactly the same team name is entered for all participants. Each group/club/association has to ensure that their team members register properly by entering exactly the same team name. It is recommended that the group/club/association takes care of the team or group registration for all members.

Each participant is allowed to register only once. Participants with multiple registrations will be removed from the list of registrations.

Each participant receives an individual registration number, which can only be viewed by him/herself (and the organizer). In the event of an accident in which a participant is involved, the organizer will only provide information on the racing status or further care and first aid measures of the respective participant to persons who can provide this registration number (see Privacy Policy). Therefore the organizer strongly recommends to all participants to safely store their official registration number and - if desired - to inform their relatives, team members etc. already in advance so that they can obtain information on the location or on further measures regarding an injured participant.

6

Draw of starting places (options) and registration

Due to the immense interest in the Ötztaler Cycle Marathon and the limited number of participants for safety reasons, unfortunately not all persons registered can participate in the event. Starting places will therefore be "raffled" among the registered persons, which means that only those persons who have been drawn during the raffle can register for the event. Therefore all those who are drawn by lot (provided that they fulfill all registration requirements) have the option to register officially for the marathon by paying an entry fee.

The maximum number of participants for the Ötztaler Cycle Marathon 2019 is 4000.

The percentage of starting places available for all groups (a) individual starters, (b) mini groups and (c) teams will be made only after the end of the registration phase and depends on the real value of all participants registered. For example, if 65% register as a single starter, 65% of the available starting places will be drawn by lot among individual starters.
The organizer reserves the right to give away a maximum of 500 further starting places which are not part of the official draw and count as special starting places not subject to the registration procedure. Additionally, 500 starting places will be given away in combination with package deal and accommodation bookings.

Persons who have registered unsuccessfully within the last three years (2016, 2017, 2018) and have not received a starting place in any other way (for example by passing on a starting place) will receive a non-transferable "special starting place" upon regular registration. These starting places are not subject to the official draw.

Also persons who have won the overall classification of the Ötztaler Cycle Marathon, the respective class winners of last year's Ötztaler Cycle Marathon and the 5 fastest members of the winning team of last year's Ötztaler Cycle Marathon receive a non-transferable "special starting place".

The first draw will take place in the first half of March. Persons who get a starting place will be published on the Ötztaler Cycle Marathon homepage on the day of the raffle and notified by email (it is recommended to check also the SPAM folder).

In the course of the second draw, the remaining starting places (options) are raffled off. The second draw will take place on 16.04.2019. Only persons who have registered correctly during the registration period can take part in the second draw.

Persons with a "special starting place" or persons who received a starting place in the course of the draw or from the organizers' contingent can register for the event by paying a fee - provided that they fulfill all participation requirements. This is done by payment of all participation and entry fees within the agreed time limit via the link provided in the confirmation e-mail. After the complete payment of all participation fees in time - provided that all conditions of participation and regulations are fulfilled - the registration becomes effective and the participant is entitled to pick up the starter package and to take part in the event.

If the participation fees are not paid in time, the starting place (option) expires. Afterwards the starting place will be given to someone else.

The current status of registration can be checked on the official website at any time. All participants will receive a confirmation of the assigned starting number via email by 10.08.2019. This original starting place confirmation must be signed and presented at the starter package pick-up point in Sölden. A valid photo ID card is required as well.

Registrations of persons who are not allowed to participate in the event or persons who have been excluded from participation (blocked registration) will not be accepted or immediately canceled. In such a case no reimbursement of already paid entry fees will be made.

7

Entry fee and services provided by the organizer

The entry fee for the Ötztaler Cycle Marathon 2019 amounts to € 149 plus the chip deposit of € 10. The chip deposit will be refunded upon return of the undamaged timekeeping chip. All transaction and security fees required must be paid by the participant himself. Therefore the entry fee including chip deposit has to be transferred in full, in time and free of charge to the organizer's bank account.

Payment of the entry fee can be made via the link provided in the confirmation e-mail. Payment can be made either by money transfer or by (certain) credit cards.

The starter package has to be picked up by the participant in person at the specified times. In particular, the starter package includes the following:

  • Start number/bib with timekeeping chip
  • Drinking bottle in Ötztaler Cycle Marathon design
  • Voucher for a pasta/potato dish - valid on Sunday, 01.09.2019
  • Voucher for a drink - valid on Sunday, 01.09.2019
  • Ötztaler Cycle Marathon gift.

In the course of the event and on the track, the participants can take advantage of varied in-kind benefits, meals and drinks plus other services:

  • 5 refreshment stations on the track plus drinks and snacks in the finish area 
  • Breakdown service on the race course (replacement parts must be paid separately)
  • Deposit service including special transport bag
  • Free massage service on the track (Schönau refreshment station)
  • Download link for the Ötztaler 2019 film highlights  
  • Video production for several TV stations
  • Certificate for all finishers - download via internet
  • List of official results - published online on the website and in the "Ötztaler Nachrichten" marathon booklet
  • The coveted, high-quality Ötztaler Cycle Marathon Finisher Jersey exclusively available for "finishers" (for participants who complete the entire marathon course correctly, pass all checkpoints and reach the finish area in Sölden before the course closing car)
  • Entertaining side program
  • The 3 best participants per class and the 3 best teams receive non-monetary prizes or honorary prizes.

8

Passing on of starting places

Participants who have registered correctly and have received a starting place can pass it on other persons registered within the official "transfer period" (06.06 - 26.06.2019). The transfer and processing fee amounts to € 50. For organizational reasons, the passing on of starting places is only possible within the above mentioned transfer period.

It is not possible to pass on "special starting places" or starting places which are subject to special conditions (for example starting places from the organizer's contingent, quiz draws or trivia games, starting places provided by sponsors, starting places for press representatives etc.)

In order to pass on a starting place correctly (within the predefined transfer period), the transfer form available on the event's website must be completed entirely and correctly. After checking these data, the person to whom the starting place is transferred, will receive a personal payment link requesting payment of the transfer and handling fee of € 50 by 30.06.2019 at the latest. After receipt of payment, the transfer of the starting place will be activated and registered also in the official start list. The person who gave away the starting place is no longer registered and therefore not authorized any more to take part in the event.

It is strictly forbidden to pass on a starting place in a profitable way. Any profitable transfer (for example sale, auction, etc.) of a starting place (covering not exclusively the official participation and entry fees [by way of exception plus transfer and handling fees]) will be pursued by the organizer. Such a profitable transfer will result in the immediate cancellation of the registration and both the vendor and the buyer will be suspended from the Ötztaler Cycle Marathon for life.

When transferring a starting place, also the entire legal relationship is transferred to the transferee. The transferee also undertakes to comply with all laws and regulations, registration terms, entry and participation conditions as well as all official rules and regulations. In addition, the transferee also agrees to the privacy policy statement.

9

Cancellation of entry by the participant

If the participant for whatever reason is not able to start in the marathon or participate in a side event, there is no right to a refund of already paid participation and entry fees. The participant has no right of compensation for any expenses or costs or for the cancellation of accommodations booked already.

In the course of the official registration for the event, it is possible to take out a cancellation insurance policy with a separate insurance company. The organizer strongly recommends such a cancellation insurance. More detailed information about the insured risks and the insurance benefits (especially reimbursement of entry fees) can be found in the insurance  terms and conditions.

Without such a cancellation insurance, the participant will receive a refund of the entry fee if a written cancellation is sent to radmarathon@oetztal.com until 15.07.2019. The chip deposit of € 10 will be deducted as processing fee.

It is not possible to transfer the canceled starting place to the following year.

10

Execution, cancellation and modification of the event

The organization of the event takes place on the basis of the present registration conditions and participation terms as well as the general rules and regulations.

The organizer reserves the right to change the event program on short notice and to change the race course or race sequence at any time. This applies in particular to the right of the organizer and the race director to adapt the race track or the race sequence or to change the scheduled time limits in case of extremely inclement weather conditions or in case of unforeseeable and unavoidable events.

All official changes will be formally communicated during the starter package pick-up, the obligatory cyclists' briefing and/or immediately during the race. Therefore these official changes are legally binding. If applicable the changes will be additionally communicated and announced on the information boards and published on the website: www.oetztaler-radmarathon.com.

If a safe execution of the event is not guaranteed anymore, if it is ordered by the responsible authorities or if there are other important reasons, the race director and the organizer also have the right to interrupt and cancel the event at any time.

In case of termination of the event after the start of if the race program or sequence is changed, the participants have no right to reimbursement of entry and event fees already paid or to compensation for any resulting damages suffered or expenses arising from frustrated ambitions.

11

Cancellation of the event

The organizer is entitled to cancel the event before the start of the race at any time. After the start of the race, only the regulations according to point 10 apply.

If the event has to be canceled before the start of the race for reasons of force majeure (for example due to bad weather, blocked roads or blockades) or for other reasons for which the organizer is not responsible, the organizer has the right to retain 50% of the entry fee.

If the event has to be canceled before the start of the race due to reasons for which the organizer is responsible, the entry and participation fees already paid will be refunded to the participants. Beyond that, there won't be compensation for any resulting damages suffered or expenses arising from frustrated ambitions.

12

Doping tests

The organizer closely cooperates with the "NADA" (National Anti-Doping Agency Austria GmbH) to prevent, wherever possible, doping in popular sports during the event. All participants explicitly agree to the current anti-doping regulations. In particular, the World Anti-Doping Code and the Federal Law on the Fight against Doping in Sports (Federal Anti-Doping Law 2007 - ADBG 2007) apply.

In the course of the event, doping tests (tests during training units or tests during competitions) may be carried out without prior notice at any time (before, during and after the race).

If a cyclists is asked by NADA to participate in a doping control procedure, each participant must  take part in the doping test. The premises required are provided by the organizer.

Violations of anti-doping rules or any failure to cooperate in doping control procedures result in the disqualification of the participant and probably also in the suspension for future events and blocked registrations - at the sole discretion of the organizer by taking into account also the official statement by NADA.

13

Information about risks, behavioral obligations and disclaimer

The participant acknowledges and accepts that the practice of race cycling sports in general and the participation in the event (including side events) in particular involve a variety of risks and dangers. The participant is aware of these dangers - which are listed below by way of example - which may have an effect on the physical integrity. The participant also accepts this risk consciously and therefore acts at his own risk and peril.

In addition to the usual risks belonging to cycling sports, the organizer points out special dangers arising from such a race by way of example as well as special dangers caused by the participation in the event. A threat to the physical integrity (and to the items the participant takes with him/her) could result, for example, due to the following reasons ...

  • cycling in a throng
  • reaching high speeds (involving also other participants)
  • cycling mistakes and concentration errors due to personal (or related to other participants) fatigue or effort
  • the influence of slippery asphalt and - also because of the high Alpine altitude - sometimes poor road conditions on the cycling behavior of participants
  • the impossibility of securing all dangerous spots (in particular natural and artificial obstacles) on the roadside and along the entire race track
  • the impossibility of securing all possible crash sites and danger of falling spots in connection with the natural structure of the course (mountain passes up to 2508 m)
  • the fact that there are extreme (Alpine) weather conditions (rain, snow, fog, etc.).
  • the route traveling in part through wildlife and grazing areas, where you must always watch out for unattended grazing cattle (for example cows, horses or sheep) as well as wild animals or unleashed pets standing on the road all of a sudden - they may also leave dirt there unexpectedly
  • the behavior of other participants in the race or other persons on the roadside (spectators), but also of race course staff or other persons involved in the organization of the event.

All these dangers and risks can result in serious bodily harm, including death, pain, emotional stress, trauma, property damage, financial loss, etcetera. These damages can affect not only the participant him/herself but also other participants or relatives.

The participant acknowledges and accepts that the roads along the marathon track are not entirely closed to public traffic for the duration of the cycling event. Applicable traffic regulations apply here. The participants themselves must stay informed about important race details in their own responsibility and keep to the respective rules at any time. If the organizer notices severe violations of the traffic regulations all personal data of the respective participant will be forwarded to the local police authorities.

For their own safety and the safety of all other participants and spectators, each participant undertakes to observe the applicable laws and regulations established by the organizer (for example obligatory helmets, no accompanying vehicles, etc.) as well as the instructions given by the police, road officials or organizing staff (incl. race director, race track officials, etc.). Violations can result in the disqualification and blocked registration of the participant who can be held liable according to the general rules and principles.

The participant confirms that he has checked his equipment accurately and that it is in a good, legally compliant and suitable condition for participating in the event.

By knowing all circumstances of the event and accepting all dangers and risks, the participant renounces - even in the name of his legal successors - any liability and responsibility of the organizer, its vicarious agents and its representatives and employees. This waiver of liability does not apply to culpable personal injury caused by the named persons, to grossly negligent or intentionally caused property damage or to damages to be compensated according to the general Product Liability Act.

Additionally, the participant shall indemnify and hold free and harmless the organizer from any third-party claims, including the persons named in the previous point regarding all actions, damages, claims or liabilities due to the participation in the event.

The organizer assumes no liability for accidents, thefts or other damages involving the participants or third parties before, during and after the event.

The organizer assumes no liability for any damage to bicycles or other items, "mix-up" of items or theft in the "broom buses", resulting from the racing scene (for example due to a crash), at the refreshment stations and in the Bike Park.

The organizer strongly recommends to all participants to take out an adequate accident and third-party liability insurance policy. Furthermore, the organizer points out that in some cases - depending on the insurance policy - participation in competitions (like the Ötztaler Cycle Marathon) is excluded from the insurance cover. The insurance cover for participating in such an event must be checked by each participant individually in advance and on own responsibility.

In the course of picking up the starter package, it is possible to take out an accident and liability insurance (ÖRV Marathon Card) provided by the Austrian Cycling Federation (address: Gadnergasse 69/Top 05, A-1110 Vienna). The organizer strongly recommends to conclude such an insurance. More detailed information on insured risks and insurance benefits are available in the insurance conditions (see www.radsportverband.at).

14

Blocked registration or disqualification of participants

A gross violation of these terms and conditions of participation or the general rules and regulations may result - at the sole discretion of the organizer - in the cancellation of the registration, refusal to participate in the event, disqualification from the event and/or suspension for future events and blocked registrations. In all these cases the participant has no right to refund of the entry fee or any other reimbursement of costs/expenses.

The organizer also reserves the right, at its discretion, to exclude persons from the event provided that

  • checkpoints set by the organizer are not passed in time
  • the participant endangers him/herself or other persons with their (further) participation
  • the participant damages or harms the good reputation of the organizer or the event
  • the participant competes with the performance of the organizer by offering own or similar services.
  • the participant takes advantage of the organizer's services for own (current or future) business purposes in a parasitic manner
  • the participant interferes negatively with the successful execution of the event in terms of sports, economics and marketing.

15

Granting of rights

The organizer is entitled to make sound and video recordings and to take photos of the event, and to use them afterwards. The organizer may use names, images, voice recordings and results for own purposes (for example advertising purposes, publications in magazines etc.). This material can be used - in the context of applicable legal regulations (for example GDPR) and the Ötztal Tourismus data privacy statement - in all media channels without any limit (time, place, content).

The participant authorizes the organizer to use, show, send, transmit, reproduce and/or make the material available to the public in all media channels (for example radio, television, cinema, events, data carriers, internet). The organizer is also entitled to make changes, cuts or other editing of the image/sound material and to use the changed material without restriction.

16

Closing provisions

The organizer reserves the right, to the extent permitted by law, to change these registration terms and participation conditions as well as the general rules and regulations.

The ineffectiveness of single provisions related to these registration terms and participation conditions does not affect the validity of the remaining provisions.

The legal relationship between the organizer and the participant and all resulting disputes shall be governed exclusively by Austrian substantive law, with the exception of the UN Sales Convention.

For all disputes arising from this agreement, only the court legally responsible for A-6450 Sölden may be called upon to decide.

Sölden, 07 Jan 2019

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