terms

Hellespont and Dardanelles Swim Race Terms and Conditions

TERMS & CONDITIONS

GENERAL CONDITIONS OF ENTRY TO HELLESPONT AND DARDENELLES SWIM RACE

In these Conditions the following definitions shall apply:

"Agreement" - the agreement between you and Hellespont Events Limited comprised of the Event Conditions and these Conditions of Entry;

"Event" - the event is the Hellespont and Dardanelles Swim organised by “Wilusa Turizm Denizcilik İnş.Kir. Rek.San.ve Tic. LTD. ŞT”

"Event Conditions" - the terms and conditions, in addition to these Conditions of Entry, provided to you by Hellespont Events Limited in respect of the Event;

"Event Date" - the date of the Event, as specified in the Event Conditions;

"Fee" - the fee payable by you to Hellespont Events Limited in consideration of your participation in the Event, as specified in the Event Conditions;

“Group” – means Hellespont Events Limited, its parent companies and other entities owned by the parent companies.

“Race Organiser” – means “Wilusa Turizm Denizcilik İnş.Kir. Rek.San.ve Tic. LTD. ŞT”

"we", " Hellespont and Dardanelles Swim" - means Hellespont Events Limited trading as Hellespont Events Limited;

"you" - means you the Event participant.

Hellespont Events Limited is a company registered in England and Wales (company number 14548210). Hellespont and Dardanelles Swim is a trading name of Hellespont Events Limited. Hellespont Events Limited is the merchant selling entries in the Event.

ENTRY

1.1 By submitting your application and paying your Fee you are agreeing to enter the Event and also agree to abide by these Conditions of Entry, the Event Conditions and any instructions given to you by the Race Organisers and officials of the Event.

1.2 You agree that you are over 14 years of age on the date of the Event.

1.3 You agree to provide a doctors certificate and a personal health declaration form which states that you are physically fit to enable you to participate in the event.

1.4 It is compulsory to attend Race Registration within the allotted time. Failure to register means you will not be able to take part in the Event.

1.5 Included in your swim entry will be an electronic chip to record your time, this should be used in accordance with the instructions in the Swimmer Manual. You agree to return the electronic chip at designated point located at the finish line of the Event. If you fail to return the electronic chip, we will be entitled to charge you €10 for the replacement cost of the chip.

EVENT SAFETY

2.1 At all times during the Event you must adhere to all instructions given by the Event officials.

2.2 Your participation in the Event is personal to you, you are strictly prohibited from swapping, selling or transferring your place in the Event or allowing any other person to wear your swim hat and participate in your place. If you are found to be in breach of this Condition the Race Organiser reserve the right to exclude you from participation in future Events.

2.3 You are not permitted to use the following items in the Event:-
2.3.2 hand paddles;
2.3.3 snorkels;
2.3.4 personal audio entertainment equipment (e.g. mp3 players); or
2.3.5 any other floatation device or swimming aid that could potentially inhibit the flow of safety of other participants or which we, in our reasonable opinion, deem may cause danger or risk of danger to you or other participants.

2.3.6 No fancy dress will be permitted that will inhibit the participants ability to swim safely or may cause danger or risk of danger to other participants.

2.4 Wetsuits and fins are allowed but you will not be able to participate in the race categories and associated awards.

2.5 Swimmers will be issued with an event cap. It is compulsory to wear this cap during the Event and failure to do so will result in ejection from the Event.

HEALTH CONDITIONS

3.1 You warrant to Hellespont Events Limited and the Race Organiser that you are, and will be on the Event Date

3.1.1 sufficiently fit and healthy to participate in the Event unaided and in accordance with the Agreement and have undertaken appropriate swim training to enable you to complete the distance of the Hellespont and Dardanelles Swim Race

3.1.2 are in good health, and do not have a physical condition, illness or disability that prevents you from swimming in the Event

3.2 Open water swimming events involve inherent risks, including the risk of serious injury, or death from various causes for example, heart attack, dehydration, hypothermia, overexertion, or accidents with other competitors, or other incidents. By participating in the Event , all risks that may result in permanent injury, injury and death are understood and accepted by you, and all persons or institutions directly or indirectly connected with the conduct of the Event, including the Race Organiser, officers, contractors, employees and medical and volunteers assigned for the event, cannot be held responsible for any damages, claims and transactions that may arise from participation, and all injuries related to participation cannot be claimed for in terms of compensation, reimbursement or be sued for, for death or damages,

3.3 It should be known that any medical treatment deemed necessary by medical teams during or after the event and taken by you, resulting in any expenses will be covered by you.

EVENT EJECTION

4.1 Hellespont Events Limited and the Race Organiser reserve the right to refuse entry to the Event or ask you to cease participation if:-

4.1.1 you fail to follow instructions given by Event officials.

4.2 you attempt to participate in the Event in a manner that we, acting reasonably, believe:-

(a) may cause injury to you;

(b) may cause injury to another participant;

(d) is likely to cause offence; or

(e) otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the restrictions in Condition 2 above (Event Safety);

4.3 in our opinion you are unfit to participate in the Event due to:-

(a) the consumption of alcohol;

(b) the use of drugs;

4.4 you fail to arrive at the start check in at the specified time; or

4.5 you are unable to make sufficient progress in the Event to allow you to complete the event in line with timelines set by Event officials in their absolute discretion and as identified by the last support craft.

4.6 you take part in any ambush marketing activity.

4.7 If, in accordance with Condition 4.1, you are refused entry to the Event or we ask you to cease participation in the Event, the entry fee is non-returnable and you must remove the electronic chip and return it to an Event official.

CANCELLATION BY YOU

5.1 You should inform Hellespont Events Limited immediately, in writing, if you incur an injury or develop a medical condition which prevents you from participating in the Event and need to withdraw. Registration fees are non-refundable in the case of non-participation in the event.

Entries are non-transferable either to a different participant or to subsequent Hellespont and Dardanelles Swim Race in future years.

6. CANCELLATION BY the RACE ORGANISER

6.1 The Race Organiser may cancel the Event (1^st Day option) if circumstances beyond their reasonable control arise, including, without limitation, war, civil or political unrest, terrorism, inclement weather conditions or water quality.

6.2 In such circumstances:

6.2.1 The Race Organiser will endeavour to stage the Event a day later (2^nd day option) at the same venue. Any changes to the Event will be communicated to you at the earliest possible time.

6.2.3 You will have the right to take part in the re-staged Event;

6.2.4 If you do not wish to take part in the re-staged Event, you will NOT receive a refund of the entry fee.

6.3 In the event of any national restrictions preventing the Event taking place as planned, the Race Organiser will endeavour to stage the Event at a later date. All entrants will be automatically transferred to the subsequent staging of the Event. Any changes to the Event will be communicated to you at the earliest possible time.

6.4 In the event of cancellation or postponement of the Event under any circumstances Hellespont Events Limited and the Race Organiser will have no responsibility for any costs incurred as a result of cancellation or postponement.

6.5 Hellespont Events Limited and the Race Organiser reserves the right to cancel the Event if one month before the Event Date we have not, in our sole discretion, received sufficient number of applications to ensure that there are enough participants to make the Event economically viable.

6.6 In the event of a cancellation due to ‘force majeure’, the following will apply:

No refunds will be paid.
All entrants at the time of cancellation will be automatically transferred into the equivalent event for the next available Hellespont and Dardanelles Swim Race. .
Entrants transferred to the next available Event may request deferral of their entry/entries for one (1) additional subsequent year. Such requests should be made by email.
No alternative goods/services to the value of the transferred entries will be offered.

6.7 In the event of cancellation of the event no refunds will be paid.

DATA PROTECTION

7.1 You agree that your Personal Information can be stored, used by Hellespont Events Limited, the Race Organiser and the Event partners in connection with the organisation, staging and administration of the Event.

7.2 You agree that your Personal Information may be anonymised, and the anonymised data may be used by Hellespont Events Limited, the Race Organiser and our Event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.

7.3 You agree that your name, image and contact details can be used by the Group and the Event partners for the purposes of:-

7.3.1 the promotion and marketing of the Event;

7.3.2 adding you to a mailing list to keep you informed about any future events and services which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities.

7.3.3 promotional and marketing material in respect of similar events, other community-based activities organised by the Group and the Event partners, (together the "Marketing Information").

7.4 The Group shall take all necessary steps to ensure that Personal Information or Marketing Information pertaining or relating to you which comes into the possession or control of Hellespont Events Limited or the Event partners shall not be:-

7.4.1 used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions.

7.4.2 disclosed to any person not authorised by you to receive it; or

7.4.3 altered, deleted, added to or otherwise interfered with (except where expressly permitted by these Conditions).

7.5 If you would not like the Group or the Event partners to use the Marketing Information or Personal Information other than for purposes related solely to your participation in the Event, you may withdraw your consent by ticking the appropriate box on the application form.

7.6 By agreeing to the terms and conditions you will receive a limited number of welfare emails which may include training information and latest updates on the Event itself.

CHANGES TO THE EVENT

8.1 The Event Organiser reserves the right to reduce the course distance, change the course, or make any other amendment to the Event that they deem necessary to stage the Event. Any change to the Event will be communicated to you at the Event or sooner if practicable.

8.2 Should the course distance be reduced as per clause 8.1 above for the avoidance of doubt you agree that the Event is still deemed to be staged and that we will not be liable to you for any refund.

9. USE OF IMAGE BY THE GROUP

9.1 The Event may be televised, filmed and/or otherwise recorded and photographs may be taken which capture your participation in the Event. You agree to the publication of such photographs, filming, recording and broadcasts of your image which accurately depict your participation in the Event.

9.2 You agree to the publication of such photographs, filming, recording and broadcasts and their use by the Group and those authorised by them in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications and publicity.

9,3 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 used for any commercial purpose.

9.4 Whilst the Race Organisers will make reasonable endeavours to capture a photograph of every event participant which will then be offered to each participant for purchase, we do not offer a guarantee that images will be captured.

10 TAKING PART FOR A CHARITY

11.1 Your entry to the Event will be acknowledged via a confirmation email. If you are taking part to raise money for a charity you should not enter into any sponsorship raising until you receive this email.

11 MEDICAL CONDITIONS

11.1 It is strongly recommended that you train for the Event and prepare for the challenge. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the Event.

12 LIABILITY

12.1 In no event shall Hellespont Events Limited or the Race Organiser be liable to you, whether for breach of contract, any tortious act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:

12.1.1 loss or damage;

12.1.2 loss of profit;

12.1.3 loss of reputation;

12.1.4 loss of business, revenue or goodwill;

12.1.5 loss of anticipated savings;

12.1.6 pledges made on your behalf or by you to charity; or

12.1.7 consequential or indirect loss, regardless of whether the loss or damage:

(a) would arise in the ordinary course of events;

(b) is reasonably foreseeable; or

12.2 Nothing in this Agreement shall affect our liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.

12.3 You shall indemnify us and keep us indemnified against any claim made against you or us by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event

13. REFUND POLICY

13.1 Once we have confirmed your participation in the Event, we will not provide any refund if you choose to cancel the Agreement.

13.2 In the event of cancellation of the Event by the Race Organiser no refunds will be paid.

14 GENERAL

14.1 If there is a conflict or inconsistency between any provision contained in the body of these Conditions of Entry and any provision contained in the Event Conditions, except where provided to the contrary in the latter, the Event Conditions prevail to the extent of the conflict or inconsistency.

14.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.

14.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.

14.4 Nothing in the Agreement shall have the effect of holding the Partners out as being a partnership, joint venture, principal or agent of each other or of Hellespont Events Limited.

15 JURISDICTION/GOVERNING LAW POLICY

We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your entry or travel must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking