General Terms and Conditions (GTC) for participation in the ING Night Marathon Luxembourg 2023
§1 Scope – Validity
- The ING Night Marathon Luxembourg is carried out in accordance with the regulations of the organiser. step by step S.A is the organiser of the ING Night Marathon Luxembourg. The participant also acknowledges the international competition rules of the IAAF or the FLA applicable at the ING Night Marathon Luxembourg, in particular the anti-doping regulations. The regulations can be requested from the respective federation or viewed on the internet pages of the federation in their current version.
- These terms of participation regulate the legal relationship, which is reached between the participant and the organiser. These rules and regulations are subject to possible changes. The relevant version of these rules at the time of registration is a part of the contractual agreement between organiser and participant. Any alterations to the contract, which are made public by the organiser on the internet or in written form automatically become binding as part of the contract.
- All declarations made by a participant to the organiser are to be addressed to step by step S.A.
§ 2 Rules of Competition – Safety Measures
- Anyone who turns 18 in the year of the event is eligible to start the marathon and half marathon disciplines. Anyone who turns 15 in the year of the event is eligible to start in the Team Run discipline. For the disciplines 5k Run for Success and Minimarathon, anyone who turns 12 in the year of the event is eligible to start. For the discipline Mini Minimarathon, anyone who turns 5 years old on the day of the event is eligible to start. The participant is aware that he/she will be disqualified and banned for the following year if he/she takes part using sports equipment (inline skates, bicycles or similar) or if he/she carries along baby joggers or similar. Wheelchairs, racing wheelchairs, Hoyt chairs, Joëlette or similar are specifically prohibited for the Marathon, Half Marathon, Team Run, 5k Run for Success, Minimarathon and Mini Minimarathon. For the “Roll & Run” event in the context of the ING Night Marathon Luxembourg, the following assistive devices or sports equipment are approved: Wheelchair, racing wheelchair, Hoyt chair, Joëlette, pram/buggy, scooter/footbike, skate-/ long-/ snakeboard. Not authorized are bikes, in-line or roller skates and motorized equipment. For all competitions of the ING Night Marathon Luxembourg, the following also applies: It is not allowed to bring animals. Sports equipment that could affect the safety or health of participants or visitors to the event must be expressly authorised by the organiser to participate in the event.
- Each participant is required to assess his/her own health condition and fitness with regards to taking part in the marathon event, or consult a doctor if necessary.
- Should the authorities require proof of health at the time of the event, e.g. a negative Corona test, the participant is obliged to provide this at his/her own expense and in accordance with the applicable regulations.
- The organiser will inform participants of any organisational changes ahead of the event. Directions of the organisers and designated personnel must be followed. In the case of infringements that bear an impact on the event's normal course or possibly affect the safety of any other participants, the organiser has the right to pull out and/or disqualify the concerned participant from the event at any time. Legally binding declarations can solely be voiced towards participants by the organiser’s authorised personnel.
§ 3 Registration – Conclusion of Contract
- The registration, which acts as the contractual agreement between participant and organiser, can be conducted by using the online entry form at www.ing-night-marathon.lu.
- Each participant is only allowed to register once. Double registrations will not be accepted, which means that in case of a double entry of one individual, that participant does not hold any claim to the second entry.
- Upon the receipt of the completed entry form and the entry fee, as well as any additional service charges, the organiser sends out a confirmation of registration. The organiser is authorised, but not obligated, to disregard or exclude any participant, whose payment of registration fees or additional service charges is delayed.
- The organiser reserves the right to disqualify or exclude a participant if he/she provided false information on the registration, is banned, or is under suspicion of taking illegal substances (doping) before taking to the start.
§ 4 Terms of Payment
- Participants can make payments only by bank transfer or by credit card.
- In case the credit card payment is refused by the payment system, the registration will be deleted from the registration system.
§ 5 Accreditation
- A participant will only receive his/her race pack if he/she is able to present the confirmation of entry as well as valid photo identification (ID/passport). In case the participant is unable to attend the accreditation in person, he/she has to arrange for and authorise another person to pick up the race pack for him/her. It is not possible to send the race pack (even at a later date).
- Each participant is obliged to check the race pack for completeness as well as correctness of the items immediately. Reclamations and claims at a later point shall not be considered.
§ 6 Cancellation of Contract by the Participant
- A free of charge cancellation is not possible.
- Participants can transfer their starting place online free of charge until April 12th, 2023. If a participant cannot take part in the ING Night Marathon Luxembourg for medical reasons, he/she has the possibility to present an official medical certificate until April 12th, 2023. In this case, the participant can be deregistered from the ING Night Marathon Luxembourg for a processing fee of 12.00 €. Additionally, participants in the Team Run discipline can nominate a substitute participant personally at the distribution of starting documents only on May 19th, 2023. For the processing of the change of participants on May 19th, 2023, a processing fee of 12.00 € will be charged.
- The organiser sets an organisational limit (number of participants and/or later registration date), which will be announced in the advertisement or at a later date. Registrations that exceed the limit will not be accepted.
§ 7 Exclusion of Liability – Limit of liability
- Participation is at the participants’ own risk.
- The organiser’s liability – also towards a third party – is limited to intent and gross negligence. The same applies to companies and helpers employed by the organiser. Any liability of the organiser for damages other than injury to life, body or health is excluded, unless they result from a gross negligence of duty by the organiser, or one of its legal representatives.
- The participant waives all claims against the organiser, his employees, assistants and vicarious agents for compensation of any damage caused to him or third parties by the fact that he is accompanied at the finish line and on the cordoned off course by persons not admitted to the competition in any form whatsoever, unless such damage is due to gross negligence or intent on the part of the organiser, his employees, assistants and vicarious agents. If the damage is caused to minors or underage persons for whom the participant is responsible for supervision, this waiver also applies to these persons. In the event of a claim against the organiser, his employees, vicarious agents and assistants by third parties arising from such cases of damage, the participant undertakes to indemnify, defend and hold harmless the organiser, his employees, vicarious agents and assistants.
- If, in cases of force majeure, the organiser is entitled or, due to official orders or for safety reasons, obliged to make changes in the execution of the event or to cancel it, the organiser is not liable for damages to the participant. Registration fees paid and fees for additional services booked will not be refunded in the event of cancellation. The reimbursement of the entry fee will only be considered in case of a complete cancellation of the event if the cancellation is the responsibility of the organiser. If the cancellation of the event is the responsibility of the organiser, only a partial refund will be made. The amount of the refund is the difference between the entry fee and the proportion of the expenses already incurred by the organiser; the athlete is entitled to prove that these expenses were lower. If an athlete who has already registered does not appear at the start or previously declares his or her non-participation to the organiser, there is no claim to a refund of the entry fee. This also applies in the event of a justified withdrawal by the athlete; in the latter case, however, the athlete reserves the right to prove that the organisational effort required of the athlete to pass on his/her starting place would have been less than the starting fee paid by him/her.
- Personal injury claims are limited to the standard insurance used by the organiser. The organiser is not liable - except in deliberate cases – for unusual and therefore unforeseen consequential damages. The insurance limits also apply to any cases of personal injury claims on behalf of employees, helpers or any other third parties that are hired to assist the organiser for the execution of the event, or with whom the organiser is contractually bound to.
- The organiser is in no way liable for health risks of any participants connected to partaking in the event. It is the participants’ duty to check his/her level of health and fitness. Upon collecting the race pack, the participant bindingly declares that there are no health-related concerns with respect to his/her participation in the event.
- The organiser is in no way liable in case of lost personal goods, valuables or athletic equipment.
§ 8 Data Collection and Data Management
- The personal data provided by the participant during registration are stored and processed to implement and carry out the event, including medical assistance to the participants on the course as well as in the finish area by the official medical assistants. The data storage applies specifically to the data necessary for the payment process. By completing the registration process, a participant accepts the storage of his/her data for the purposes stated.
- The participant hereby agrees that the photos, videos and interviews on radio, TV, print media, books, photo-mechanical playbacks (films, CDs etc.) recorded in conjunction with his/her participation in the event may be distributed, published and used for advertising (homepage, Facebook, Instagram and other social media, flyers, posters and other print media) without any entitlement to compensation. Moreover, the participant agrees with the forwarding of his personal data (name, e-mail address) for the purposes of the sending of photos taken of him/her on the course and at the finish line, which will be provided by a company commissioned by the organiser. However, the participant does not expressly agree to the purchase of such photos.
- The participant agrees that personal data may be provided to the timing partner for timing purposes and for the preparation as well as the online publication of results.
- The participant agrees to the publication of his/her first and last name, year of birth, club, company, Team name, race number and results (placing and times) in all print media relevant to the event (start list, result sheet etc.) as well as in all electronic media such as the internet.
- By completing the registration process, the participant also agrees that the personal data mentioned in para. 1 as well as any other information stored may possibly be used by the medical staff hired by the organiser in a medical emergency. In addition, the data may be used in anonymous form for scientific research aiming to improve the health aspects at running events. The individual medical confidentiality is exempt from this agreement.
- As the official photo service for this event, Marathon-Photos.com will take pictures and video recordings of all participants during the event and will also publish them. Marathon-Photos.com is entitled to store and process the personal data and images. The participant agrees that Marathon-Photos.com may use all photos and videos taken without any claims for remuneration, without any restrictions in terms of time and content, and may pass them on to third parties. In the course of the online placement, the photos and videos will also be forwarded by Marathon-Photos.com to commissioned third parties (computer center and quality control etc.). Any objection to the publication of pictures should be addressed directly to Marathon-Photos.com. For this purpose, it is necessary that the participant submits the concrete picture numbers to Marathon-Photos.com. Marathon-Photos.com will comply with the objection as soon as possible and withdraw the publication of the pictures.
- The participant agrees that his/her data may be used for the sending of newsletters and SMS or postal mailings (e.g. sending of certificates). In doing so, his data will not be disclosed to third parties and will not be used for commercial advertising purposes, but only for promotion and information about step by step S.A. events or activities of its partners related to step by step S.A. events. By participating, he/she is automatically registered for the ING Night Marathon Luxembourg newsletter. It is his responsibility to provide the organiser with a valid e-mail address. The participant understands and accepts that electronic communication by e-mail is the official communication channel of the ING Night Marathon Luxembourg event.
§ 9 Timekeeping, Rented Chips
- The time is measured by means of ChampionChip®.
- Each chip issued by the organiser has been checked for its functionality before being given to the participant. Any warranty and/or liability on the part of the organiser due to the defectiveness of the chip, which occurs after the chip has been issued, is excluded.
§ 10 Disqualification
- The participant confirms the correctness of all data provided by him and acknowledges the reasons for disqualification.
- The following in particular will lead to disqualification: starting without a start number, starting without ChampionChip®, missing split times during timing, making unrecognizable, covering or tearing off the sponsors’ logos on the official start number, exceeding the specified time limit (gross time), leaving and/or shortening the course, falling below the specified age limit, starting in the wrong starting block (control by timing mats). The participant is aware that he/she will be disqualified and banned for the following year if he/she passes on the start number and/or the ChampionChip® to another person without having made an official transfer within the official deadline.
- In addition, the conditions for disqualification mentioned in §2 (1) apply.
(Status of conditions of participation: 01.08.2022)