General Terms and Conditions

in the context of contracts concerning participation in the “Deutschland Klassiker”, concluded between the provider:

Deutschland Klassiker GbR
represented by Prof. Dr. Jens Böcker
Ubierstr. 94
53173 Bonn, Germany

E-mail: info@deutschlandklassiker.de
Telephine: 0228 / 972799-05
USt. Id.: n.n.b.

and each individual participant

 

§ 1 Scope of the general terms and conditions

(1) The Deutschland Klassiker comprises four disciplines: approx. 50 km cross-country skiing (König Ludwig Lauf), approx. 300 km cycling (Mecklenburger Seen Runde), 3.3 km swimming (Düsseldorfer Unterbacher See Schwimmen) and 42.195 km running (Mainova Frankfurt Marathon); here subsequently referred to as events. Deutschland Klassiker presents these „events“ on this website.

(2) The Deutschland Klassiker constitutes a sports series that combines major long-distance competitions under the motto: Keep fit, stay healthy and at the same time discover Germany.

(3) This website is maintained by Deutschland Klassiker. Participation in the Deutschland Klassiker is subject to the rules laid down in these general terms and conditions.

 

§ 2 Conclusion of contract

(1) Registration for the Deutschland Klassiker can take place before the completion of the first of the named events, or following completion of the series or a part of the series. 

(2) Registration takes place online using the designated form. Registrations by facsimile or other methods cannot be accepted. Registration (the offer) becomes effective through the registration confirmation (offer acceptance) issued by Deutschland Klassiker.

(3) Deutschland Klassiker points out that registration on the Deutschland Klassiker portal does NOT automatically lead to registration for the four individual events. Each participant is responsible for his /her own registration for the named events.

(4) The Deutschland Klassiker participation fee does NOT include the starting fees for the individual events.

(5) The conduct of the individual events is the sole responsibility of the individual event partners that have been carefully selected by Deutschland Klassiker. The contracts regarding participation in the individual events are set up directly between the event operator?? and the individual participant. The fulfilment / performance of each individual event does not as such imply a performance obligation for Deutschland Klassiker. Deutschland Klassiker has no influence on the conditions of fulfilment and performance of the events. The legal relationship between yourself and the event partners is governed solely by the general terms and conditions of each event partner.

(6) The minimum age for participation in the Deutschland Klassiker is 18 years.

(7) The contract language is German. The contract text is stored by Deutschland Klassiker. The contract stored by Deutschland Klassiker is no longer freely available following completion of the registration. You can contact us for this purpose at this email address: info(at)deutschlandklassiker.de. We will send you the participation notification in text form directly following contract completion.

 

§ 3 Performance descriptions

(1) In the course of the Deutschland Klassiker, the four endurance sports types (cross-country skiing - König Ludwig Lauf; cycling - Mecklenburger Seen Runde; swimming - Düsseldorfer Unterbacher See and marathon - Mainova Frankfurt) are to be completed within a period of 12 months. It is up to the participant to decide with which event to commence the series.

(2) For successful participation at all four events within a 12-month period following participation at the first event, Deutschland Klassiker will award the “Deutschland Klassiker Diploma” and the Deutschland Klassiker Medal. Any event can be chosen as the starting event.

(3) If the sports events are not completed within 12 months but over a longer period, the Deutschland Klassiker Medal will be awarded.

(4) Deutschland Klassiker is entitled to request participants’ personal details (name, date of birth, performance data etc.) directly from the individual event organisers in order to assure proper participation in the Deutschland Klassiker series. This is carried out in accordance with the separate data protection rules.  

(5) In the event of pre-registration for all four events, Deutschland Klassiker guarantees a start position at all four events. The same applies for registration following a partially completed event, in which case Deutschland Klassiker guarantees a starting position for those events not yet completed. 

 

§ 4 Right of cancellation

Please note that the statutory regulations concerning contracts completed outside of business premises or distance selling contracts are not applicable to registrations for the individual events. In these cases, no right of cancellation exists.

There is no right of cancellation (§ 312g para. 2 Nr. 9 BGB) for participation at events. You therefore cannot cancel your declaration of intent in connection with the registration.

 

§ 5 Transferability

The Deutschland Klassiker requires personal participation in the event, so that transferability is excluded.

 

§ 6 Requirements for participation in the events

Participation in the individual events requires a significant degree of personal suitability (relating for example to height, age, state of health). The exact requirements, route layout etc. can be found in the information from the individual events.

 

§ 7 Payment

Deutschland Klassiker offers different methods of payment for the participation fee, via paypal or bank transfer.

 

§ 8 Cancellation of events

(1)  Deutschland Klassiker is not liable for the execution of individual events.

(2) Should an event be cancelled, or subject to force majeure (e.g. weather) or official directives or factors beyond the control of the event organisers that could affect the safety or health of the participants, then the next event can make up for this discipline and it will still be assessed for the “Deutschland Klassiker Diploma“.

(3) Further claims against Deutschland Klassiker, for example claims for compensation (travel or hotel costs) are excluded.

 

§ 9 Liability of  Deutschland Klassiker

(1) Deutschland Klassiker is liable without limitation for wilful or grossly negligent damage, for wilful or negligent injury to life or limb, for impairment of health and for the assumption of guarantees.

(2) With regard to damage on account of negligence, Deutschland Klassiker is only liable for breach of duty that is significant for the proper fulfilment of the contract and which can be regularly relied upon. In this case, Deutschland Klassiker’s liability is limited to an amount representing the typical contractual foreseeable damage.

(3) In so far as a liability of Deutschland Klassiker, that is not based on injury to life or limb or impairment of health, is not excluded within the terms of slight negligence, the relevant claims lapse within one year beginning with the end of the year in which the claim arose and the creditor became aware of both the circumstances leading to the claim and the identity of the debtor, or should have become aware without having exercised gross negligence.

(4) The liability of Deutschland Klassiker with respect to the German product liability law (ProdHaftG) remains unaffected.

 

§ 10 Withdrawal of the participant

A participant has at all times the right to terminate his/her contract with Deutschland Klassiker without notice, in which case Deutschland Klassiker will refund 50% of the registration fee.

 

§ 11 Withdrawal of Deutschland Klassiker

(1) Deutschland Klassiker has the right to terminate the contract for good cause. A good cause arises in particular if (i) the event partner no longer collaborates with Deutschland Klassiker or has ceased to operate, (ii) a case of force majeure occurs, (iii) the participant behaves with gross negligence. Should any one of these cases occur, you will be informed by Deutschland Klassiker without delay.

(2) Further claims against Deutschland Klassiker, particularly claims for compensation (for example travel or hotel costs) are excluded.

 

§ 12 Form of notifications

Legally relevant statements or claims submitted to Deutschland Klassiker must be in text form (§ 126b BGB).

 

§ 13 Alterations to these general terms and conditions

(1) Deutschland Klassiker reserves the right to make alterations to these general terms and conditions in order to reinstate a balanced contractual relationship. Should such alterations put you in a less favourable position with regard to the point in time of the closure of the contract, then this alteration will only take effect in the case of it being necessary on account of technical or legal changes that have occurred after contract completion and that were not foreseeable with certainty, or were not initiated by Deutschland Klassiker and on which Deutschland Klassiker has no influence.

(2) Your consent is required for the alteration of substantial rulings in these general terms and conditions, especially those referring to the type and extent of service performance. Such alterations are only permissible if they are reasonable in terms of both your and our interests, on account of technical or calculatory changes in market conditions after contract completion, or have become necessary because third parties from whom Deutschland Klassiker obtains services have changed their service offering or raised their prices. Price changes are limited to the extent of the cost changes. Your acceptance is assumed if Deutschland Klassiker notifies you of the alteration in text form and you do not object to the alteration within reasonable due time. Deutschland Klassiker will inform you in the notification about the consequences of an omitted objection.

(3) Furthermore, Deutschland Klassiker’s general terms and conditions that can be downloaded from this website are valid in the applicable version current at any given time without specific notification of any alterations.

 

§ 14 No liability for the content of other websites

(1) On its website, Deutschland Klassiker makes reference to other external websites in the internet (links). However, Deutschland Klassiker has no influence on the content and design of these websites. Deutschland Klassiker therefore accepts no responsibility for the content of any linked websites. This applies to all third-party links from our website.

(2) Should you discover information on a website referred to by link from the Deutschland Klassiker website, whose content in particular gives cause for complaint, then please inform Deutschland Klassiker forthwith. Deutschland Klassiker will examine the content and where necessary remedy the situation by immediately removing the link.

 

§ 15 Dispute resolution

According to Art. 14 para. 1 of regulation (EU) Nr. 524/2013, companies that set up online service contracts are required to facilitate online dispute resolution for consumer-related legal disputes concerning their customers. The EU platform for online dispute resolution can be found at webgate.ec.europa.eu/odr.

§ 16 Place of fulfilment, applicable law, place of jurisdiction

(1) Insofar as permitted by law, place of jurisdiction and place of payment are the registered office of Deutschland Klassiker.

(2) The law of the Federal Republic of Germany applies with exclusion of conflict of laws under international private law and the provisions of the UN sales law. If you are a natural person who conducts legal business predominantly for purposes not connected with either your commercial or your self-employed activities, this legal choice only applies insofar as you don’t lose the provided protection on account of mandatory provisions of the state in which you normally reside.

(3) If you have a general place of jurisdiction in Germany or in another EU member state, or if you are a businessman or legal person under public law, or have moved your permanent residence abroad following the effective date of these general terms and conditions, or if your place of residence or habitual abode is not known at the time the action is filed, the place of jurisdiction for all disputes arising from this contract is exclusively the registered office of Deutschland Klassiker.