General conditions of use and sale of the website https://openlakeschampagne.com/
The purpose of the present General Terms and Conditions of Use and Sale (hereinafter « GTCS ») is to define the terms and conditions applicable to the online sale offered on the website https://openlakeschampagne.com/ and to the use of this site published by the non-profit association SPORT & TOURISM PROMOTION, registered with the ECB under number 0638.916.135, whose registered office is located at 5000 NAMUR, Avenue de la Plante, 54-55, Box 13 (hereinafter « S&TP »).
The contact details of S&TP are as follows:
Mail: Avenue de la Plante, 54-55, Box 13, 5000 NAMUR
Article 1. Definitions
In the context of the present document, the terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or in the plural:
Event: means any event organised by S&TP (Openlakes Full, Half, Full & Half Relay, Olympic Distance, Promo Distance).
Registration: means the online registration of a Customer via the Site. The Registration is validated by the reception of the confirmation email.
Customer: Any natural or legal person who has completed and sent a registration request for an Event and has unreservedly accepted the present general conditions.
Site: means the website accessible from the address https://openlakeschampagne.com/ or any other URL that S&TP may substitute.
User: designates any person who uses the Site, whether or not they are a Client.
Article 2. Activity of S&TP
S&TP’s goal is to promote sports by organising sports events and training courses in Belgium and abroad. It pays particular attention to the follow-up and training of the athlete.
Article 3. Scope of application of the GCVU
3.1. The purpose of these GCUV is to (i) define the conditions under which Users can access the Site and register for Events, (ii) manage the relationship between Users, Clients and S&TP.
3.2. The CGUV are applicable to the Users of the Site, whether they are Customers or not. Expressing particular and essential clauses for S&TP, the CGUV prevail over all other general conditions, which the Client accepts.
3.3. The Clients who register on the Site are natural persons legally capable or represented. Clients may also be duly represented legal entities.
The Customer declares and guarantees that he/she has the legal capacity as well as the rights, powers, titles, authorisations necessary to register on the Site and to contract with S&TP hereunder.
Article 4. Acceptance and modification of the GCUV
4.1. The User undertakes to respect the CGUV, without restriction or reservation, whether he consults the Site or registers for an Event. The CGUV are notified to Users for acceptance prior to any registration.
For Users who are not registered on the Site, the CGUV are applicable to any consultation or navigation on the Site.
The User must consult these CGUV before any use of the Site and undertakes to consult them regularly at https://openlakeschampagne.com/.
The fact of browsing the Site implies acceptance of the CGUV by the User.
4.2. S&TP reserves the right to modify the CGUV at any time and without notice in order to take into account legal, jurisprudential and technical evolutions.
S&TP will inform the Customer by any means.
In case of modification, the CGUV applicable to the Customer are those in force at the date of the Registration.
Each new registration requires the acceptance of the CGUV by the Customer, which he acknowledges and accepts.
4.3. Acceptance of the present CGUV implies acceptance of the sports regulations of the French Triathlon Federation available at https://openlakeschampagne.com/. They constitute the basic rules for all competitions that depend on the French Triathlon Federation.
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 proposed Events and the corresponding prices so that the Customer can, before registering, know the essential characteristics of the Events (description and place of the Event, method of collecting race numbers, wetsuit rental, optional cancellation insurance, etc.). The Customer declares that he/she has taken cognisance of this and has obtained from S&TP, prior to his/her Registration, all the information on the Events and their content. 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 « Registration » button on the home page of the Site https://openlakeschampagne.com/.S&TP specifies that the Registration cannot be transferred to a third party by the Customer. Except in the case of the particular conditions described in article 10 of these GTCV, the Registration for a given Event cannot be carried over to a subsequent Event.
The Customer is invited to follow the following registration process:
- Choice of the race ;
- Group ;
- Quick registration ;
- Data entry ;
- Validation of data ;
- Shopping cart ;
Choice of race. After clicking on the « registration » button, the Customer is returned to a page on which he/she is invited to select the desired Event according to the distance to be covered (Full distance, Half distance, Olympic distance, Promo distance, My first triathlon experience, Rookie distance, Kids distance, Mini-Kids distance).
Choice of group. On a new page, the Customer is informed of the time and price of each available Event (depending on the registration period) and any terms and conditions.
Quick registration or data entry. The Customer who clicks on one of the « Register! » buttons is then redirected to a page giving him the possibility to connect to his LIKE2SPORT account if he has such an account, or to follow the normal registration procedure by clicking on the « Next » button.
Data entry. The Client is invited to fill in the fields indicated in the form provided for this purpose.
The identification elements and data entered are strictly personal and confidential. The Client undertakes to keep his identification elements secret and not to disclose them, for any reason whatsoever, in any manner or form whatsoever, to third parties.
Under no circumstances will 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 statements made through it, whether fraudulent or not. The Customer indemnifies S&TP against any claim in this respect which is caused by a fault or negligence on its part.
The Customer is invited to take note of the GCUV and tick the box relating to their acceptance.
Validation of data. The Customer is also invited to check the information entered, the total price and the Events entered. The Customer can then click on the « Add to my basket » button.
Shopping cart. On this new page, the Customer can enter a discount code, view the summary of their basket and modify it. They are also invited to enter their billing information.
Payment. By clicking on the « Pay my order » button, the Customer reaches a page allowing him to select a payment provider.
The Customer guarantees S&TP that he is authorized to use the credit card for the payment of his Registration. S&TP will not be liable for any fraudulent use of the credit card used for the payment of the Training by the Customer if the Customer is not aware of it.
An email acknowledging receipt of the Registration will be sent to the Client at the address indicated as soon as possible. This acknowledgement of receipt will include the Registration number as well as its price, 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. The Registration is finalised on the date of receipt of the payment made by the Customer. The User or Customer has read and accepted these terms and conditions.
Article 7. Financial conditions
7.1. The prices displayed on the Site are indicated in euros, all taxes included. These prices take into account the VAT applicable on the day of the Registration. The total amount due is indicated on the Registration confirmation page.
7.2. An additional fee will be charged to Clients who are not members of an international triathlon federation. The Customer cannot obtain a refund of this additional fee if he/she has obtained his/her licence from one of the above leagues between his/her registration and the start of the Event.
Article 8. Liability
8.1. S&TP cannot be held responsible, in a general way, in all cases where the non-execution or the bad execution of its obligations would result from a case of force majeure or fortuitous event beyond its control.
8.2. The User acknowledges that his use of the Site is at his own risk. The Site is provided to him « as is ». S&TP will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in case of events beyond the control of S&TP and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or acts of malice or any damage to the hardware or software of S&TP.
S&TP cannot be held responsible for any interruption of all or part of the Site, whatever the cause, duration or frequency of this interruption, provided that this interruption is not attributable to S&TP.
8.3. S&TP is not bound to any obligation of result and cannot be held responsible for omissions, inaccuracies or errors in the programmes on its site, nor for the consequences that these could have for the Clients.
8.4. S&TP cannot be held responsible for any error, omission or inaccuracy mentioned during the Events or in the documents given to Clients in the context of the Events.
8.5. S&TP does not guarantee that the proposed Events correspond to the needs of the Client who is solely responsible for its choice.
8.6. S&TP covers its own civil liability as organiser of the Event. However, S&TP is not responsible for the loss, theft or breakage of objects brought to the Event by the participants.
It is the Client’s responsibility to take out any individual insurance that he/she deems useful to cover the risks to which he/she deems to be subject (civil liability, bodily injury, material damage, etc.) by participating in the Event. S&TP specifies that it does not take out any insurance on behalf of the Client. In particular, the amount requested from Clients who are not licensed by the Belgian triathlon federation in addition to the price does not constitute the counterpart of any insurance coverage that S&TP would have taken out on behalf of the Client.
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 for other indirect damages of a financial, commercial or other nature, such as loss of profit, loss of reputation, savings or expected customers.
Article 9. Cancellation by the Client
9.1. The organisation of the Events by S&TP implies the provision of services to the Customer related to leisure activities on a specific date or during a specific period. These services are covered by article VI.53 of the Economic Law Code which provides for an exception to the right of withdrawal in case of provision of such services. Therefore, the Customer acknowledges and accepts that he/she will not be able to exercise a right of withdrawal after registering for the Events organised by S&TP.
9.2. However, for certain Events, the Customer has the possibility to take out cancellation insurance at the time of registration only, in exchange for an increase in price. The Customer who has taken out such insurance, when it is offered, has the possibility of being reimbursed for the entirety of its registration, minus the price of the cancellation insurance, in the event of cancellation up to a date specified at the time of Registration.
9.3. For certain Events, the Client has the possibility of taking out cancellation insurance in return for an increase in price. The Customer who has taken out such insurance, when it is offered, has the possibility of being reimbursed for the full amount of his registration, minus the price of the cancellation insurance, in the event of cancellation up to a date specified at the time of Registration.
Clause 10. Cancellation or modification of the schedule of an Event 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 case of cancellation of an Event, except for the exceptions listed in point 10.4, the Customer will have the possibility to opt for another Event according to the existing availability. If no proposal for an alternative Event is suitable for the Customer, the Customer will be reimbursed in full for the amounts already paid to S&TP.
10.3 In the event of a change to the dates of an Event, the Customer has the right to cancel the booking and obtain a refund provided that this request is notified to S&TP in writing within 14 working days of the date on which the Customer was notified of the change of date.
If the Customer does not react within this period, the registration 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, mobilisation, bad weather, shortages of materials or means of transport, fires, etc., are automatically considered, for the purposes of the contract, to be acts of God, 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, the irresistibility of the circumstances and the impossibility of performing its obligations. The same applies to the cancellation of the Event due to the usual symptoms of the Covid-19 virus detected in a Client. As these events are external to S&TP, it cannot be held responsible. If 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 possibility to terminate at any time the contractual relations in case of non-compliance by the other party of any of its obligations under these GCUV and this, without prejudice to any possible damages that could be claimed to the defaulting party.
11.2. The termination of contractual relations in the event of fault on the part of the Client leads to the immediate payment of the sums still due.
Article 12. Practical conduct of the Event
12.1. As a rule, the Customer must be at least 18 years old on the date of the Event. By way of exception, certain Events are accessible to Customers from the age of 16.
12.2. The number bibs may only be collected by the Customer in person, by presenting an identity document and a parental authorisation duly signed by a legal representative if the Customer is a minor, as well as his/her triathlon licence or a medical certificate dated less than 6 months before the Event. The medical certificate must state that the Customer is fit to compete in a triathlon.
As a general rule, participation in a sporting event requires good health. S&TP recommends a preventive sports medicine examination by an approved sports doctor for participation in a sports event.
The bib number must be visible at all times during the Event.
During the Event, the Highway Code is applicable except when ordered by the marshals and police. The Client must also respect the rules of the Belgian French-speaking Triathlon and Duathlon League available on the website https://openlakeschampagne.com/.
12.3. S&TP reserves the right to exclude from the Event the Client who does not respect the provisions of these 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 fee, which the Customer acknowledges and accepts.
12.4. Where different practical arrangements are imposed on licensed and non-licensed Customers (colour of cap, delayed start, etc.), only the status of the Customer will be taken into account when registering. The Customer may not claim that he has obtained his licence between his registration and the start of the Event in order to change category.
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 not to make any discriminatory, racist, xenophobic or anti-Semitic comments, nor to insult, abuse or make any other violent or pornographic comments, nor to publish any content that is contrary to public order or morality.
The User is also prohibited from using the Site for promotional purposes.
The User undertakes not to attempt to undermine the functioning of the Site or S&TP.
13.2. S&TP cannot be held responsible for any incompatibility, malfunction or other technical problems between the use of the Site and the User’s computer equipment, except in case of fault attributable to S&TP.
The User must protect his computer equipment against any risk of contamination by viruses, attempted intrusion, etc.
13.3. The User undertakes to provide true, accurate, up-to-date and complete information on his identity.
Article 14: Intellectual property rights
14.1. The Site, all elements found on the Site and the documents provided to the Clients in the context of the Events are protected by intellectual property rights (including in particular all copyrights, rights on patents, trademarks, designs and models, databases, domain names and any other existing or future intellectual property right, Belgian and international) and belong to S&TP or to third parties having authorised it to exploit them.
The use of the Site or of the documents provided to the Clients in the context of the Events does not confer on the Client any intellectual property right on them.
14.2. Any total or partial reproduction or representation of the S&TP site or of the documents given to the Clients within the framework of the Events without the prior written agreement of S&TP constitutes a violation of the intellectual property rights of the latter and/or of the third parties granting the right and is likely to lead to civil and criminal proceedings.
Article 15: Personal data
15.1. S&TP respects the privacy and data of the Clients. It undertakes to ensure that the information collected is processed in accordance with the applicable laws and regulations.
When using the Site, the Users are likely to communicate a certain number of personal data concerning them (name, first name, telephone number, email address etc.).
The personal data communicated are in particular necessary for access to the registration forms, their validation and payment, for the management and follow-up of the registrations by S&TP and to answer the requests of the Customers as well as to facilitate their identification and their navigation on the site and for statistical purposes. The data may also be used to carry out operations relating to prospecting.
Access to personal data is strictly limited to S&TP personnel, authorised to process them by virtue of their functions.
The Customer is informed that in case of a legal or judicial obligation to do so, S&TP may be required to transmit its personal data.
The data collected during the registration to an Event is kept until its deletion, which is left to the initiative of the Customer except if :
a longer retention period is authorised or imposed by a legal or regulatory provision
the Customer has exercised, under the conditions set out below, one of the rights granted to him by the legislation.
In accordance with the applicable legal and regulatory provisions, the Customer has a right of access, rectification, portability and deletion of his data or limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him.
The Customer may thus demand that personal data concerning him/her that are inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. The Customer’s personal data are 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 its personal data, retrieve its personal data for its own use, or request that it be transferred to a third party, if technically feasible. Each Customer may also object, on legitimate grounds, to the processing of his or her data, and request that the processing of the data be restricted.
To exercise these rights, the Customer must send a written request to S&TP indicating his name and first name. S&TP may ask the Customer to prove its identity, by attaching to its request any necessary document, in particular a copy of its identity card or passport.
The Clients also have a right to complain, which they can exercise with the national control authority, namely the Data Protection Authority.
S&TP will use its best endeavours to process requests relating to the personal data of Customers 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 can also be collected through cookies.
Indeed, during each visit of the User on the Site, S&TP collects information relating to his connection and navigation.
Cookies are an automatic tracking process that records information about navigation on the Site and stores information entered during visits to the Site in order to facilitate the registration process and the use of the Site.
The User may object to their installation and/or delete them following the procedure indicated on his browser.
A cookie has a limited validity period of thirteen (13) months maximum. It is deposited and stored on the User’s terminal in compliance with the applicable laws and regulations and subject to the choices expressed by the User, which he or she may modify at any time.
Cookies have several functions, such as facilitating the use of the Site, remembering the User’s choices, the goods and services he wishes to purchase, offering the User relevant advertising content.
The cookies deposited by S&TP give it access to information allowing it to establish statistics on the navigation of the Users.
Article 16. Right to the image of the participants
The 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 has no other purpose than to illustrate the projects and activities of S&TP.
However, the Client has the opportunity to object to this use.
S&TP invites the Client who has made this choice, to inform S&TP from the first day of the Event, so that the photos are not published on any medium.
Article 17. Miscellaneous provisions
17.1. No modification of these GCU may occur unless it is negotiated, authorized and signed by a duly authorized representative of S&TP and that this modification contains the express mention that it consists of an adaptation of these GCU.
17.2. If one or more provisions of these GCU are held invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other provisions will keep all their force and scope. S&TP and the Customer will however be obliged to 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 GCU shall not be interpreted for the future as a waiver of the obligation in question nor 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 these GCVU does not in any way imply a waiver of the benefit of said stipulation.
Article 18. Jurisdiction and applicable law
18.1. The rights and obligations resulting from these GTCU are exclusively subject to Belgian law.
18.2. In case 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 whatever the origin of the dispute, disputes relating to the execution or interpretation of these GTC will be submitted to the jurisdictions 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 Economic Law Code.
For all intents and 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.