General conditions of use and sale of the sitewww.nofinishlinebrussels.be

The purpose of the present General Terms and Conditions of Use and Sale (hereinafter referred to as " TCUS") is to define the terms and conditions applicable to online sales offered on the website www.nofinishlinebrussels.beand the use of this site published by the non-profit association SPORT & TOURISM PROMOTION, registered with the BCE under number 0638.916.135, whose registered office is located at 5000 NAMUR, Avenue de la Plante, 54-55, Boîte 13 (hereinafter " S&TP").

S&TP's contact details are as follows:

Email : info@nofinishlinebrussels.be

Mail: Avenue de la Plante, 54-55, Boîte 13, 5000 NAMUR

 

Article 1. Definitions 

As used herein, capitalized terms and expressions shall have the meanings set forth below, whether used in the singular or plural:

• Event : means any event organized by S&TP: No Finish Line Brussels.
• Registration : refers to the online registration of a Customer via the Site. Registration is validated by receipt of the confirmation email.
• Customer : Any natural or legal person who has completed and sent a registration request for an Event and has accepted the present terms and conditions without reservation.
• Site : refers to the Internet site accessible from the addresswww.nofinishlinebrussels.be or any other URL that S&TP may substitute.
• User : refers to any person who uses the Site, whether a Customer or not.

Article 2. S&TP activity

S&TP's aim is to promote sport by organizing sporting events and training courses in Belgium and abroad. It pays particular attention to athlete follow-up and training.

 

Article 3. Scope of application of the TCUS

3.1 The purpose of the present TCUS is (i) to define the conditions under which Users may access the Site and register for Events, (ii) to manage the relationship between Users, Customers and S&TP.

3.2. The TCUS are applicable to Users of the Site, whether or not they are Customers. Expressing particular and essential clauses for S&TP, the TCUS prevail over all other general conditions, which the Customer accepts.

3.3. Customers who register on the Site are natural persons who are legally capable or represented. Customers may also be duly represented legal entities.

The Customer declares and guarantees that he has the legal capacity as well as the rights, powers, titles and authorizations necessary to register on the Site and to contract with S&TP hereunder.

Article 4. Acceptance and modification of the TCUS

4.1. The User undertakes to comply with the TCUS, without restriction or reservation, whether consulting the Site or registering for an Event. The TCUS are notified to Users for acceptance prior to any registration.

For Users who are not registered on the Site, the TCUS apply to any consultation or browsing on the Site.

The User must consult these TCUS before using the Site and undertakes to consult them regularly at the following address www.nofinishlinebrussels.be.

Browsing the Site implies acceptance of the TCUS by the User.

4.2. S&TP reserves the right to modify the TCUS at any time and without notice in order to take into account legal, jurisprudential and technical developments.

S&TP will inform the Customer by any means.

In the event of modification, the TCUS applicable to the Customer are those in force at the date of Registration.

Each new registration requires acceptance of the TCUS by the Customer, which he acknowledges and accepts.

4.3 Acceptance of the present TCUS implies acceptance of the event's sporting regulations, available at the following addresswww.nofinishlinebrussels.be.

Article 5. Proposed events

In accordance with the requirements of Book VI of the Code of Economic Law, S&TP presents on the Site a detailed description of the Events offered and the corresponding prices so that the Customer can, before registering, know the essential characteristics of the Events (description and location of the Event, how to collect race numbers, wetsuit rental, optional cancellation insurance, etc.). S&TP reserves the right to modify certain information concerning the essential characteristics of the Events if this proves necessary for the smooth running of the event.

The Customer declares that he/she has read and understood all the information on the Events and their content and that he/she has obtained all the information on the Events and their content from S&TP prior to his/her Registration. The Customer declares that he/she is solely responsible for the choice of the Event and its suitability for his/her needs.

Article 6. Registration

6.1 Registration requires the Customer to click on the "Register" button on the Site home page.www.nofinishlinebrussels.be. S&TP specifies that the Registration cannot be transferred to a third party by the Customer. Except in the case of the specific conditions described in article 10 of the present CGUV, Registration for a given Event cannot be carried over to a subsequent Event.

The Customer is invited to complete the following registration process:

• Choice of race ;
• Registration;
• Data entry ;
• Data validation ;
• Basket ;
• Payment;

Choice of race. After clicking on the "register" button, the customer is redirected to a page where he/she is invited to select the desired Event from the options on offer, including the classic walk/run, the children's walk/run, or the 24h solo or relay challenge (6 people).

Registration. Customers who click on one of the "Register!" buttons are redirected to a page where they can follow the normal registration procedure.

Data entry. The Customer is invited to fill in the fields indicated in the form provided.

The identification details and data provided are strictly personal and confidential. The Customer undertakes to keep his identification details secret and not to disclose them, for any reason whatsoever, in any manner or form whatsoever, to third parties.

Under no circumstances shall S&TP be held responsible for the loss or theft of the Customer's identification elements or their fraudulent use. The Customer is solely responsible for its use of the Site and actions or declarations made through it, whether fraudulent or not. The Customer indemnifies S&TP against any claim in this respect which would be caused by a fault or negligence on its part.

The customer is invited to read the TCUS and tick the box indicating acceptance.

To validate the data entered, the customer is invited to click on "Next step".

Basket. On this new page, customers can view their basket summary and modify it.

Payment. By clicking on the "Pay" button, customers are taken to a page where they can select a payment provider.

The Customer guarantees S&TP that it is authorized to use the bank card for the payment of its Registration. S&TP shall not be liable in the event of fraudulent use of the bank card used for the payment of Training by the Customer if it has no knowledge thereof.

An e-mail acknowledging receipt of the Registration will be sent to the Customer at the address indicated as soon as possible. This acknowledgement will include the Subscription number and price, as well as the present CGUV or a link to them.

6.2 Any modification of the Registration after confirmation is subject to acceptance by S&TP.

6.3 Registration is finalized upon receipt of payment by the Customer. The User or Customer has read and accepted these terms and conditions.

Article 7. Financial terms and conditions

7.1 The prices displayed on the Site are in euros, excluding the cost of managing the registration platform. These prices include VAT applicable on the day of Registration. The total amount due is indicated on the Registration confirmation page.

Article 8. Liability

8.1. S&TP cannot be held liable, in general, in all cases where the non-performance or improper performance of its obligations is the result of force majeure or an act of God beyond its control.

8.2 The User acknowledges that use of the Site is at his or her own risk. The Site is provided "as is". S&TP will use its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the case of events beyond S&TP's control and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to S&TP's hardware or software.

S&TP shall in no event be held liable for any interruption of all or part of the Site, regardless of the cause, duration or frequency of such interruption, insofar as such interruption is not attributable to S&TP.

8.3 S&TP is not bound by any obligation of result and cannot be held responsible for omissions, inaccuracies or errors in the programs on its site, nor for the consequences that these may have for Customers.

8.4 S&TP cannot be held responsible for any errors, omissions or inaccuracies mentioned during the Events or in the documents given to Customers in connection with the Events.

8.5 S&TP does not guarantee that the proposed Events correspond to the needs of the Customer, who is solely responsible for his choice.

8.6 S&TP covers its own civil liability as organizer of the Event. However, S&TP is not liable for the loss, theft or breakage of objects brought to the Event by participants.

S&TP does not provide bodily injury insurance for participants, so it is the responsibility of each participant to take out their own personal insurance.

8.7 If S&TP's liability is established, it will be limited to an amount equal to the price of the Event without any compensation whatsoever for other indirect damages of a financial, commercial or other nature, such as loss of earnings, loss of reputation, savings or anticipated clientele.

Article 9. Cancellation by the Customer

9.1 The organization of Events by S&TP involves the provision to the Customer of services related to leisure activities on a specific date or during a specific period. These services are covered by Article VI.53 of the Code of Economic Law, which provides for an exception to the right of withdrawal in the event of the provision of such services. Therefore, the Customer acknowledges and accepts that he/she may not exercise a right of withdrawal after registering for Events organized by S&TP.

9.2No cancellation packages are available for Events organized as part of the No Finish Line Brussels. No refunds are possible, regardless of the reason for cancellation or the Customer's absence.

9.3 No cancellation insurance is offered for Events organized as part of the No Finish Line Brussels. Consequently, no refund is possible in the event of cancellation for any reason whatsoever.

Article 10. Cancellation or modification of an Event schedule by S&TP

10.1 The lack of sufficient registrations for an Event constitutes for S&TP a case of force majeure which allows S&TP to set a new date for the Event without having to demonstrate the unforeseeability and irresistibility of the circumstances or the impossibility for S&TP to perform its obligations. As these events are external to S&TP, it cannot be held responsible.

10.2 In the event of cancellation of an Event, with the exceptions listed in point 10.4, the Customer will have the possibility of opting for another Event according to existing availability. If no proposal for an alternative Event is acceptable to the Customer, the Customer will be reimbursed in full for any sums already paid to S&TP.

10.3 In the event of a change in the dates of an Event, the Customer has the right to cancel his registration and obtain reimbursement provided that this request is brought to the attention of S&TP in writing within 14 working days following the date on which the Customer was notified of the change of date.

If there is no reaction from the customer within this period, the booking will be considered confirmed for the new dates.

10.4. Without prejudice to the special regimes to be adopted by the competent authorities, the threat of the Covid-19 virus and the taking of measures against it, as well as the threat of other epidemics and the taking of measures against them, as well as all acts of God, strikes, lock-outs, riots, mobilization, bad weather, shortages of materials or means of transport, fires, etc., are automatically considered for the purposes hereof as constituting force majeure justifying the cancellation of an Event without S&TP having to demonstrate the unforeseeability, irresistibility or unavoidability of such force majeure, are automatically considered, for the purposes hereof, as constituting a case of force majeure justifying the cancellation of an Event without S&TP having to demonstrate the unforeseeability, irresistibility of the circumstances and the impossibility of performing its obligations. The same applies to the cancellation of an Event due to the usual symptoms of the Covid-19 virus detected in a Customer. As these events are external to S&TP, it cannot be held responsible. Should such events constitute force majeure, S&TP is not obliged to refund all or part of the registration fee.

Article 11. Termination

11.1 S&TP and the Customer reserve the right to terminate the contractual relationship at any time in the event of non-compliance by the other party with any of its obligations under these GCUV, without prejudice to any damages that may be claimed from the defaulting party.

11.2 Should the contractual relationship be terminated in the event of fault on the part of the customer, all outstanding sums shall become immediately due and payable.

Article 12. Practical running of the Event

12.1 As a general rule, the Customer must be at least 18 years of age on the date of the Event. However, as an exception, certain Events are accessible to Participants aged 16 and over, and in some cases to babies in strollers, children of all ages and pets, subject to the specific conditions of the Event.

12.2 Numbers may only be collected by the Customer in person, on presentation of proof of identity and parental authorization duly signed by a legal representative if the Customer is a minor, together with his/her athletics license or a medical certificate dated less than 6 months prior to the Event for the 24h Competition. The medical certificate must stipulate that the Customer is fit to take part in a 24h competition.

As a general rule, participation in a sporting event requires good health. S&TP recommends a preventive sports medicine examination by an accredited sports physician prior to participation in a sporting event.

The bib number must be visible at all times during the event.

During the Event, the Highway Code is applicable except when ordered to do so by signalmen and police services. The Customer must also comply with the event rules available on the websitewww.nofinishlinebrussels.be.

12.3 S&TP reserves the right to exclude from the Event the Customer who does not respect the provisions of the present general terms and conditions or who represents a danger to himself or to third parties. In this case, S&TP will not refund the registration fees, which the Customer acknowledges and accepts.

Article 13. Use of the Site

13.1 The User undertakes to comply with the laws in force when using the Site, and in particular to refrain from making any discriminatory, racist, xenophobic or anti-Semitic remarks, or any insults or other violent or pornographic remarks, or to publish any content contrary to public order or morality.

The User also agrees not to use the Site for promotional purposes.

The User agrees not to attempt to undermine the operation of the Site or S&TP.

13.2 S&TP shall not be held liable for any incompatibility, malfunction or other technical problems between the use of the Site and the User's computer equipment, except in the event of fault attributable to S&TP.

The User must protect his or her computer equipment against any risk of contamination by viruses, intrusion attempts, etc.

13.3 The User undertakes to provide true, accurate, up-to-date and complete information about his/her identity.

Article 14. Intellectual property rights

14.1 The Site, all elements found on the Site and the documents provided to Customers as part of the Events are protected by intellectual property rights (including in particular all copyrights, patent rights, trademarks, designs and models, databases, domain names and all other existing or future intellectual property rights, Belgian and international) and belong to S&TP or to third parties having authorized it to exploit them.

Use of the Site or of the documents provided to Customers as part of the Events does not confer on the Customer any intellectual property rights over them.

14.2 Any reproduction or representation, in whole or in part, of the S&TP website or of the documents provided to Customers as part of the Events without the prior written consent of S&TP constitutes an infringement of the intellectual property rights of the latter and/or of the third party licensor and is liable to result in civil and criminal proceedings.

 

Article 15: Personal data

 15.1 S&TP respects the privacy and data of its Customers. It undertakes to ensure that the information collected is processed in accordance with applicable laws and regulations.

When using the Site, Users are likely to communicate a certain amount of personal data about themselves (surname, first name, telephone number, e-mail address, etc.).

The personal data communicated is notably necessary for access to registration forms, their validation and payment, for the management and follow-up of registrations by S&TP and to respond to Customer requests as well as to facilitate their identification and navigation on the site and for statistical purposes. Data may also be used for prospecting purposes.

Access to personal data is strictly limited to S&TP personnel authorized to process such data by virtue of their functions.

The Customer is informed that in the event of a legal or judicial obligation requiring it to do so, S&TP may be required to transmit its personal data.

The data collected when registering for an Event is kept until it is deleted, which is left to the Customer's initiative unless :

• a longer retention period is authorized or required by law or regulation;
• the Customer has exercised one of his legal rights under the conditions set out below.

In accordance with the applicable legal and regulatory provisions, customers have the right to access, rectify, port and delete their data, or to limit its processing. They may also, for legitimate reasons, object to the processing of data concerning them.

The Customer may thus demand that personal data concerning him/her that is inaccurate, incomplete, equivocal or outdated be rectified, completed, clarified, updated or deleted. The Customer's personal data is also deleted when the Customer expressly withdraws his consent to the collection and processing of his personal data, subject to S&TP's legal obligations. The Customer may also, under the right to portability of his personal data, retrieve those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Customers may also object, on legitimate grounds, to the processing of data concerning them, and request that data processing be restricted.

To exercise these rights, the Customer must send a written request to S&TP indicating its first and last name. S&TP may ask the Customer to prove his identity, by enclosing with his request any necessary document, in particular a copy of his identity card or passport.

Customers also have the right to lodge a complaint with the national supervisory authority, the Data Protection Authority.

S&TP will use the means at its disposal to process requests relating to Customers' personal data as quickly as possible.

In the event of a security breach or loss of personal data relating to Customers, S&TP will inform them by email in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure the security of the data.

15.2 Data may also be collected via cookies.

Each time the User visits the Site, S&TP collects information relating to the User's connection and browsing.

Cookies are an automatic tracking process that records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate the registration procedure and use of the Site.

The User may object to their installation and/or delete them by following the procedure indicated on his/her browser.

A cookie is valid for a maximum of thirteen (13) months. It is deposited and stored on the User's terminal in compliance with applicable laws and regulations and subject to the User's expressed choices, which may be modified at any time.

Cookies have several functions, such as facilitating use of the Site, remembering the User's choices and the goods and services they wish to purchase, and offering the User relevant advertising content.

S&TP obtains the User's express consent to the use of cookies.

The cookies placed by S&TP give it access in particular to information enabling it to compile User browsing statistics.

Article 16. Participants' image rights

Photos taken during the Event are considered free for use by S&TP for its communication tools : websites, social networks, etc.

The use of these images is for the sole purpose of illustrating S&TP projects and activities.

However, the customer has the opportunity to object to this use.

S&TP invites the Customer who has made this choice to inform S&TP from the first day of the Event, so that the photos are not published in any medium.

Article 17. Miscellaneous provisions

17.1 No modification of the present TCUS may be made unless negotiated, authorized and signed by a duly authorized representative of S&TP and unless such modification contains the express mention that it consists of an adaptation of the present TCUS.

17.2 If one or more stipulations of the present TCUS are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope. S&TP and the Customer shall nevertheless negotiate and conclude one or more provisions intended to cover the declared nullity.

17.3 The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the TCUS shall not be construed as a waiver of the obligation in question nor as a waiver of the right to claim such failure or breach.

17.4 The fact that one of the Parties does not avail itself of a stipulation of the present TCUS does not in any way imply renunciation of the benefit of the said stipulation.

Article 18. Jurisdiction and applicable law

18.1 The rights and obligations arising from the present TCUS are subject exclusively to Belgian law.

18.2. In the event of a dispute relating to a registration, the Customer must first contact S&TP in order to find an amicable solution.

In the absence of an amicable solution, and regardless of the origin of the dispute, all disputes relating to the execution or interpretation of the present TCUS will be submitted to the courts of the judicial district of Walloon Brabant or to the competent court in accordance with article 624, 1°, 2° and 4° of the Judicial Code if the Customer is a consumer within the meaning of the Code of Economic Law.

For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.