Subject matter and organiser
- The following terms and conditions of use apply to natural persons participating in the free cycling events organised by the organiser (so-called events) of the ALPECIN RIDE CLUB.
- The organiser of ALPECIN RIDE CLUB cycling events, which are offered and published on the internet platform Eventbrite (https//:www.eventbrite.de) to participants, is Dr. Kurt Wolff GmbH & Co. KG, Johanneswerkstrasse 34-36, 33611 Bielefeld, Germany (hereinafter referred to as the “Organiser”). The latter is the organiser of the ALPECIN RIDE CLUB.
- The ALPECIN RIDE CLUB is a sports marketing label, idea and generic term for the joint practice of cycling for everyone interested under the guidance of an experienced road cyclist (hereinafter referred to as “Ride Captain”). Members of the ALPECIN RIDE CLUB are the Ride Captains and participants in events who come together for cycling events via Eventbrite under the ALPECIN RIDE CLUB.
Ride Captain/ Participant
The respective Ride Captain leads the respective cycling rides of the ALPECIN RIDE CLUB as sportive leader, contact person and identification figure. As a rule, he/she will lead the participants on the cycling rides.
5. The cycling events are not cycling races as competition, but non-competitive meetings.
- the aim of the ALPECIN RIDE CLUB – Events of the organiser is to offer a community experience for participants who are enthusiastic about cycling and to create lasting, beautiful, sporting memories for the participants under the sporting guidance of the Ride Captain. These are at the same time an expression of the Organiser’s promotional message and the aims and values of the Company.
- events of the organiser are various bicycle rides with the racing bike. Event formats that are published on e.g. Eventbrite or possibly on other internet platforms can be: “One-Day-Challenge”, “Gravel-Ride”, “Night-Ride”, “Weekend-Training-Camp”, “Driving Technique-Workshop” or Other. The Event formats are organised by the organiser, the Ride Captain and, if necessary, third parties.
- The respective Ride Captain has a role model and motivational function for the participants. He/she does not assume any coaching or support function with regard to individual participants. Participants take part in cycling tours under the leadership of the Ride Captain at their own responsibility.
- Participants recognise the leadership and authority of the Ride Captain and must follow his instructions during rides. They further acknowledge that the event they are signing up for is not a race, but a bike ride with the Ride Captain leading the field in a sporting manner. ALPECIN RIDE CLUB events are not timed races. Times ridden are not recorded nor are times ridden relevant in the events offered by the organiser. Participants who misunderstand rides led by the Ride Captain as bike races and behave at events as if they were at a bike race or in an unsportsmanlike or dangerous manner will be excluded from the ride. In addition, participants may be excluded from future Ride Captain events by the Ride Captain or the Event Organiser after violations.
- by using Eventbrite and participating in an ALPECIN RIDE CLUB event organised by the Organiser and published on Eventbrite, participants accept the risks and dangers associated with participation in the event. By registering, you declare that you participate in the respective ALPECIN RIDE CLUB event at your own risk and that you are aware of the following risks, which are not listed exhaustively and are not caused by the organiser. The risks include, but are not limited to: collisions with pedestrians, vehicles, other riders, movable or immovable objects; risks arising from the nature of the route, failure of equipment, weather conditions, inadequate safety equipment, accessories or materials, etc.
Information about risks/responsibility of the participants
- Participants further accept that risks may arise from participation in ALPECIN RIDE CLUB cycling events and their own actions, as well as from the actions or inactions of other participants in the event, from the nature of the area and road conditions in which events take place, from the weather and conditions under which the event takes place, and from the conduct of the participant him/herself or other persons not involved in the event.
- participants are fully responsible for their own actions and are liable on their own responsibility in accordance with the applicable legal provisions. They are obliged to comply with all legally applicable rules, in particular to observe the requirement of consideration in road traffic towards every other road user.
- The Ride Captain and the participants declare with your participation in an ALPECIN RIDE CLUB event offered and published on Eventbrite that you are physically and mentally up to the requirements of the respective ALPECIN RIDE CLUB event in which you participate.
Liability and insurance
- The organiser is not liable for damages caused by the participation in cycling events of the ALPECIN RIDE CLUB for typical dangers of cycling consciously entered by the participant, especially not for those caused by the participants’ own actions. The ALPECIN RIDE CLUB is also not liable for the actions of third parties that cause damage to participants.
- For damage to property, liability is limited to cases of intent or gross negligence. Liability for simple negligence is excluded. This does not apply to damages resulting from injury to life, body or health caused by a negligent breach of duty by the organiser or an intentional or negligent breach of duty by a legal representative or vicarious agent of the organiser. In the case of other damages, this does not apply to those which are based on a grossly negligent breach of duty on the part of the organiser or on an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of the organiser.
- The Ride Captain and the participants are responsible for their own insurance cover during participation in the event. If fees are charged by the organiser for events, these do not include any kind of insurance cover in the event of accident, illness or other insurance circumstances.
- participants are aware that in the event of an accident for which the organiser is not liable under these conditions, they themselves must pay for damages and any fees and costs that may be incurred. This includes, but is not limited to, the cost of a police, fire or emergency response, or comparable services such as a mountain or height rescue. Should a situation arise in which Participants are unable to make the decision to alert an emergency service or fail to do so even though it appears to be necessary from the point of view of an objective third party, they hereby already give their consent for this to be done by a vicarious agent of the Organiser or another person appointed by the latter for the Participant at the latter’s expense. The Participant may not claim compensation from the Organiser for any costs incurred in this respect.
- The participants are hereby informed that instructions during the ride and the route during the event may deviate from the originally communicated and advertised instructions and briefings of the respective ALPECIN RIDE CLUB event due to important changes in the traffic routing or other unforeseeable events.
Protection of minors/ age of majority requirement/ pandemic
- The Ride Captain and the participants must be of age. Persons under the age of eighteen may not participate in any Event organised by the Organiser. If the entry form and consent form is completed by a third party on behalf of the participant or Ride Captain, the third party must also be 18 years of age or older. The Organiser may require proof of age. In the case of pandemic conditions, the organiser may require the presentation of official proof of vaccination and the wearing of a face mask in accordance with local regulations.
Safety/Exclusion of Participants in the Event of a Safety Violation
- The Ride Captain and the Participants hereby undertake to wear a CE-approved bicycle helmet and clothing and equipment suitable for road cycling at all times while cycling and to comply with all safety regulations. The Organiser reserves the right to exclude any person from participation who is not wearing a helmet or suitable clothing and equipment. A Ride Captain may also exclude from the Event at any time, at his or her sole discretion, any participant who fails to comply with the law and/or any safety precautions imposed by the Organiser, including this Clause 21.
- By participating on the day of the Event, the Participant confirms that the bicycle and all equipment used by him/her at the Event are fit for purpose and are licensed and roadworthy in accordance with the locally applicable Road Traffic Regulations and the locally applicable Road Traffic Licensing Regulations, as amended from time to time, and any other locally applicable laws, as amended from time to time.
- Participants are informed that a large part of the ride will take place on public roads and are aware of this before departure from the starting point. Insofar as a If a participant feels unable to cope with the specific route, cycling in traffic or the general requirements of the event before or during the ride, he/she is obliged to refrain from participation on his/her own responsibility. The route may not be continuously marked, therefore it is important that participants stay within their respective group in the field during the ride.
- participants must sign in and out with the Ride Captain. In the event that a participant does not return to the destination or the starting point or does not sign out with the respective Ride Captain of the event (for example, in the event of an aborted ride), the participant already agrees that a search operation may be started, the costs of which may have to be borne by the participant.
- Before and during the ride of an ALPECIN RIDE CLUB event, no alcohol may be drunk or other mind-altering intoxicants (such as cannabis, other drugs, etc.) consumed. Any kind of doping (as defined by the UCI Anti-Doping Regulations) is also prohibited.
- Personal equipment and wardrobe must be taken care of by the participants themselves. No liability will be accepted in the event of loss or theft. The organiser will not provide storage facilities for such items.
Rights of use of pictures of events
- Participants grant the organiser the right and permission to use, reuse, publish and republish, without restriction as to alteration or modification, in colour or otherwise, images, photographs, videos or likenesses of the participant, names and/or biographical data, in whole or in part and in kind or form, slightly altered if necessary, produced by any and all media, present and future, for the purpose of illustration, promotion, art, editorial use, advertising or for any commercial or other purpose online and in print.
- The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always take place for the purpose of realising and promoting the ALPECIN RIDE CLUBS cycling events in accordance with the General Data Protection Regulation, and in compliance with the country-specific data protection regulations applicable to the organiser.
- The organiser as the responsible party in accordance with Art. 4 Para. 7 DSGVO collects, processes and uses the participants’ data only insofar as this is permitted by law or the participants consent to this – also in accordance with these conditions of participation.
The data protection officer can be reached at firstname.lastname@example.org or at the postal address of the organiser with the addition “the data protection officer”.
- The following data will be collected from the participants by the organiser and will be used for the design, implementation and handling of the event: Data according to point 28.
Please also refer to the data protection declaration of the website, available at https://www.alpecincycling.com/datenschutzerklaerung/. Participants have the following rights vis-à-vis the organiser with regard to the personal data concerning them: Right to information, right to rectification or erasure, right to restriction of processing, right to object to processing, right to data portability.
- Participants also have the right to complain to a data protection supervisory authority about the processing of personal data by the organiser.
Subject to change
Dispute resolution via online dispute resolution (OS)
- Consumers can use the European Online Dispute Resolution Forum. For this purpose, the European Commission provides a platform for online dispute resolution (ODR), which can be found under the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
This link is also designed as a clickable link. However, the organiser is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status: February 15th, 2022