GENERAL CONDITIONS OF ENTRY TO THE NELO SUMMER CHALLENGE
In these conditions the following definitions shall apply:
Athlete means a participant that will participate in any of the races;
Accompaning person means a participant who registers to attend the event but will not participate in any race;
Exhibitor means a participant that will only exhibit, for sale or not, their goods or services in the designated area on the venue;
Conditions shall have the meaning given in clause 2;
Entry Form means the website pages which a participant must complete in order to attend/participate in the Event;
Event Fee is the amount to be paid in order to attend the event;
Event means the event(s) organised by us that you register to attend/participate in and, for the avoidance of doubt, where you have registered for/been registered for a package which includes multiple elements, each such element shall be an Event for the purposes of these Conditions;
Event Date means the announced date of the Event;
Minimum Age means the minimum age of entry for each Event on the Event Date, which shall be as set out on the website and, where relevant, the race pack but shall be no younger than 16 years of age on the Event Date;
Minor means anyone between the Minimum Age and 18;
Rules means all of the health and safety and course and access rules and regulations provided to you;
Venue means the property on which the Event, or any element of the Event, is held;
we/us/our means M.A.R. Kayaks, Lda, a company with an address at Rua de Beche, 25, 4485-105 Vila do Conde, Portugal; and
you/your/yourself means the person named on the Entry Form who will be attending/participating in the Event.
1. M.A.R. Kayaks, Lda
We are M.A.R. Kayaks, Lda, a company with an address at Rua de Beche, 25, 4485-105 Vila do Conde, Portugal.
2. Registration in the Event
By completing an Entry Form and registering for an Event, you acknowledge your understanding and acceptance of these conditions, any further terms and conditions provided to you by us in respect of the Event from time to time, the Rules, and any instructions given to you by the organisers and officials at the Event (together, the “Conditions”).
3. Additional Conditions when Signing up Minors
You may only participate on the Event as an Athlete if you are or will be at least 16 years of age on the present year.
4. Payment and Registration Details
You shall not be entitled to participate in the Event unless you are the Minimum Age on the Event Date.
In consideration for being granted the right to attend/participate in the Event, you must pay (or, where someone is acquiring entry into the Event on your behalf, the individual/organization acquiring on your behalf must pay) the Event Fee after completing the Entry Form. You will not be eligible or entitled to attend/participate in the Event until the Entry Form has been completed in full and submitted and full payment of the Entry Fee has been received by us.
You confirm that the email address and personal details you provide to us are all accurate, correct and up to date.
All Event Fees are refundable up to one month before the Event Date and entry is non-transferable. Participation in/attendance at the Event is personal to you and as such you may not alter, reproduce, give or sell your number to another individual – if you do, this could result in your disqualification (without any refund of Event Fees) as well as the person who uses your number. The Event Fee for this year’s Event will NOT transfer to next year’s Event, no exceptions. This policy stays in effect whether you are injured, have an unexpected business or family emergency, pregnancy, etc. There are NO exceptions.
Tickets, where relevant, and Event entries are only valid when purchased on our website summerchallenge.nelo.eu. If you are found to be in breach of this condition we reserve the right to exclude you from participation in/attendance at future events.
Where relevant, tickets for the Event cannot be used as part of any marketing, media, sales promotion, staff reward programme or general competition use whether commercial or non-commercial without our prior written permission.
6. Cancellation of the Event by 510 Kayak Clube
We reserve the right to cancel the Event if:
(a) circumstances beyond our reasonable control arise which affect the safety and security of the participants and/or spectators or affect our ability to hold the Event, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions; or
(b) before the Event Date we have not, in our sole discretion, received a sufficient number of applications to ensure that there are enough attendees/participants to make the Event economically viable.
Where practicable, we will provide written notice of cancellation to the email address we hold for you. In the event notice by email is not practicable due to timescales we will use reasonable endeavours to provide other suitable methods of notice including text message, updates to our website and radio broadcasts etc.
In the event of cancellation of the Event you may receive a refund of the Event Fee (excluding the booking fee) but any such refund will be at our sole discretion (acting reasonably). We will not, under any circumstances, be responsible for travelling or associated expenses.
7. Changes to the Event by 510 Kayak Clube
We reserve the right to make any amendment to the Event that we deem necessary in order to stage the Event. Any changes to the Event will be communicated to you at the Event or sooner if practicable.
If the Event is advertised at a specific distance but we are required, or decide, to reduce the distance then the Event shall take place anyway. You acknowledge and confirm that you agree to any such amendment to the Event and that your booking is not cancellable or refundable due to such a change to an Event.
If we change the Event Date from that advertised at the time you submit the Entry Form, we shall notify you of such change in writing. You will have a guaranteed free place in the Event on the new Event Date. If you accept this place you will be liable for all costs, other than the Event Fee, in respect of the Event on the new Event Date, including, without limitation, in respect of travel and accommodation. If you are unable to attend the Event on the new Event Date or do not wish to accept the place, you may receive a refund of the Event Fee (excluding the booking fee) but any such refund will be at our sole discretion (acting reasonably). We will not, under any circumstances, be responsible for travelling or associated expenses, or any other losses you incur as a result of the Event Date changing other than as is set out in this clause 7.
8. Your Participation/Attendance at the Event
We, our representatives at an Event and/or staff at the Venue may prohibit or ask anyone to cease attendance/participation in the Event and/or immediately remove anyone from the Venue, if they believe:
(a) such person has disobeyed and/or breached, as relevant, any applicable Conditions, directions, instructions, decisions, or laws; or
(b) such person’s behaviour endangers safety or may damage or harm the environment, cause offence, otherwise cause a risk or potential risk to health and safety, or is otherwise inappropriate for the Event or Venue; or
(c) such person failed to arrive at the Event at the specified time or location; or
(d) such person is unfit to attend/participate in the Event due to the excessive consumption of alcohol or drugs. You agree to take full responsibility for any alcohol or drugs that you consume at the Event; or
(e) such person enters the Venue with contraband goods and/or prohibited articles including but not limited to illegal drugs, knives, guns and other types of weapons;
(f) such person is unfit to participate in the Event due to an injury or illness; or
(g) such person is unable to make sufficient progress in the Event to allow them to complete the Event in line with timelines set by Event officials (whether advertised or not).
If you are refused entry to the Event or we ask you to cease attendance/participation in the Event: (i) you must remove any of our merchandise from the Event and return them to an Event official; and (ii) you will not be entitled to a refund.
9. Cancellation by You
The Entry Fee is only refundable up to one month before the EVent DAte and your entry into the Event cannot be deferred or transferred. If you are unable to attend/participate in the Event for any reason you may not receive a refund of the Event Fee, and we will not refund any booking fee and/or any other costs you have incurred in connection with your entry into the Event.
10. Your Personal Information
You agree that we can use the personal information that you provide to us when registering for or in connection with the Event (and parent/guardian’s name where applicable):
(a) in the case of an emergency – the emergency contact details and medical information you provided may be used to allow medical assistance to be given to you.
(b) to store and use By giving us your personal information, you expressly consent to our collection, use it to contact you. We will not disclose any data to third parties, for marketing, promotional or other purposes, unless where required by law.
(c) to compile reports on results of the Event to be published to the governing body or any affiliated organisation for the purpose of insurance, permits or for any other purposes so required.
(d) to publish the Event results on our website after the Event.
You have the right to ask us not to process your personal data for marketing purposes and you may always opt-out of receiving future e-mail messages and newsletters from us or request that your information be removed from your website or corrected by emailing us at firstname.lastname@example.org or clicking on the unsubscribe link in such correspondence.
11. Photographs and Imagery
The Event may be recorded and videos, photographs and other recordings may be taken, where you may be captured participating in the Event. You agree to the publication of such photographs, videos, recordings, and/or likenesses of you (whether edited, adapted, modified or copied) and their use by us and those authorised by us, without prior notice or compensation, in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications, future events and publicity. You acknowledge that we have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you.
Any audio, visual, or audio-visual recordings that you make of the Event or any part of it are for personal use only and cannot be published or used for any commercial purpose without our prior written consent.
12. Your Safety at the Event
You acknowledge and understand that the Event may be potentially hazardous and that admission to any Venue and/or participation in any Event is at your own risk.
You acknowledge that the Event may involve strenuous physical exercise, loud music or other factors which could involve personal risk and you fully understand and accept that: (i) your participation in the Event may result in serious bodily injury and/or death to yourself or others; (ii) the Event may be held on public roads and facilities/areas open to the public during the Event and upon which hazards are to be expected; and (iii) where the Event involves strenuous physical exertion you may be required to be active for very long periods of time, including through inclement and/or very hot weather.
You should not enter and participate in the Event unless you are medically able and properly trained and it is your responsibility to monitor your own physical condition throughout the Event. If you are acting as a Guide Participant you shall also be responsible for the safety of the Assisted Participant you accompany. If you are participating in an Event with a Minor, you shall also be responsible for monitoring the Minor.
You warrant to us that on the Event Date you will be in good health and in proper physical condition to safely participate in the Event and that you are aware of the risks of participating in the Event. If you are in any doubt we recommend that you do not attend the Event and seek medical advice.
You acknowledge and agree that:
(a) you will adhere to the Rules and all instructions given by Event officials at all times;
(b) you will comply at all times during the Event with all applicable National and local laws;
(c) you will comply with any codes of practice or guidance relevant to the Event, including but not limited to the Portuguese Canoe Federation competition rules and the rules of the ICF. If there is any conflict between these rules and the Conditions, the Conditions shall apply to the extent of the conflict;
(d) you will stop and assist any other participants/attendees of the Event in need of medical attention and alert an Event steward as soon as possible;
(e) where the Event is outdoors you recognise that that it may take place in varied or adverse weather conditions. You are expected to prepare yourself for the conditions of the day accordingly;
(f) you agree not to drop litter on any part of the Venue or surrounding areas;
(g) you shall not use any artificial aid during your participation in any course at the Event;
(h) you shall not wear any clothing or use any equipment that may pose a risk to yourself, other participants, spectators or personnel.
13. Your Personal Belongings
We accept no responsibility for the loss of, theft, or damage to any property owned by or under the control of you which you bring to the Venue. You are solely and personally responsible for the safety of your belongings.
14. Commercial Activities at our Events
You cannot carry out commercial, promotional and/or trading activities at, or in association with an Event without express prior written permission from us (or the Venue operator).
15. Governing Law and Agreement to Arbitrate Disputes
15.1 The construction validity and performance of these Conditions shall be governed by Portuguese Law and the parties submit to the exclusive jurisdiction of the Portuguese Courts in the event of legal proceedings arising from any dispute;
15.2 The languages of any dispute resolution procedure or any proceedings will be English and Portuguese;
15.3 The above Conditions 15.1 and 15.2 shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and/or language and this cannot be excluded by contract.
In case of consumer litigation, the consumer can resort to the european dispute resolution platform which is available at https://webgate.ec.europa.eu/odr.
For further information and in order to know the alternative dispute resolution responsibles authorities, that are registered, please, consult the consumer portal at www.consumidor.pt. The alternatives authorities for the resolution of disputes are the following ones:
CNIACC-Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Geographical area covered- It deals with all the protocols which are handle in the district of Faro.
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Geographical area covered- It deals with all the protocols which are handle in the county of Arganil, Cantanhede, Coimbra, Condeixa-a-Nova, Figueira da Foz, Góis, Lousã, Mira, Miradas do Corvo, Montemor-o-Velho, Oliveira do Hospital, Penacova, Penela, Soure, Tábua, Vila Nova de Poiares.
Centro de Arbitragem de Conflitos de Consumo de Lisboa
Geographical area covered- It deals with all the protocols which are handle in all Lisbon: Lisboa, Alcochete, Amadora, Azambuja, Barreiro, Cascais, Lisboa, Loures, Mafra, Moita, Montijo, Odivelas, Oeiras, Palmela, Seixal, Setúbal, Sintra e Vila Franca de Xira.
Centro de Informação de Consumo e Arbitragem do Porto
Geographical area covered- It deals with all the protocols which are handle in all Porto: Arouca, Espinho, Gondomar, Maia, Matosinhos, Oliveira de Azeméis, Porto, Póvoa de Varzim, Santa Maria da Feira, Santo Tirso, São João da Madeira, Trofa, Vale de Coimbra, Valongo, Vila do Conde e Vila Nova de Gaia.
Centro de Arbitragem de Conflitos de Consumo do Ave/Tribunal Arbitral
Geographical area covered- It deals with all the protocols which are handle in the county of Cabeceiras de Basto, Fafe, Felgueiras, Guimarães, Póvoa de Lanhoso, Póvoa de Varzim, Santo Tirso, Trofa, Vila do Conde, Vila Nova de Famalicão, Vizela, Vieira do Minho e Vizela.
CIAB- CENTRO DE INFORMAÇÃO, ARBITRAGEM E CONFLITOS DO CONSUMO
It deals with all the protocols which are handle in the geographical area of Amares, Arcos de Valdevez, Barcelos, Braga, Caminha, Esposende, Melgaço, Monção, Montalegre, Paredes de Coura, Ponte da Barca, Póvoa do Lanhoso, Terras do Bouro, Valença, Viana do Castelo, Vila Nova de Cerveira, Vieira do Minho e Vila Verde.