Terms and Conditions for the Nikolo Run

Terms and Conditions and Privacy Policy for the Linz Marathon Nikolo Run

1. conditions of participation

1.1. The organiser of the Linz Danube Marathon is Linzer Veranstaltungsgesellschaft m.b.H., Untere Donaulände 7, 4010 Linz (Tel: +43(0)732/6573 11 4100, DVR No. 0047261,E-Mail:linzmarathon@liva.linz.at).
1.2. These terms and conditions apply to all participants taking part in any of the races held as part of the Linz Marathon Nikolo Run. The organiser reserves the right to amend the content of these terms and conditions at any time and to update them as necessary.
1.3. Anyone who has reached the age of 18 is eligible to take part in the Linz Marathon Nikolo Run. A prerequisite for participation is proper registration in accordance with the registration procedures described in detail on the website www.linzmarathon.at. For young participants (under 18 years of age), registration is only valid if a declaration of consent signed by the legal guardian(s) is also provided. The declaration of consent can be found on the homepage under: Nikolo Run
1.4. Participation in the event is a strictly personal right and cannot be transferred to third parties. Similarly, race numbers are non-transferable.

1.5. In the event that a participant is unable to attend, their place cannot be carried over to the following year, even if a re-registration fee is paid. Registration fees are non-refundable.

A participant may be substituted at any time free of charge. The substitution can be arranged directly via the Time2Win registration portal or by emailing linzmarathon@liva.linz.at.

1.6. The organiser reserves the right to limit the number of participants and to stop accepting registrations once this limit has been reached.

2. disclaimer

2.1. Participants take part at their own risk. Upon collection of their race numbers, participants give a binding declaration that there are no health concerns preventing them from taking part. It is the participants’ responsibility to have their state of health checked by a doctor beforehand. The organiser accepts no liability for any health risks to participants.
2.2. Liability on the part of the organiser, its representatives and vicarious agents for personal injury, damage to property and financial loss is excluded – to the extent permitted by law. The organiser shall not be liable for damage to property or financial loss caused by negligence.
2.3. The organiser accepts no liability for participants’ belongings held in safekeeping by third parties commissioned by the organiser during the running event. This does not affect any liability the organiser may have arising from gross negligence in the selection of such third parties.
2.4. The organiser is entitled to amend the event or to cancel it in whole or in part in cases of force majeure, for the safety of participants, or for other important reasons. In such cases – to the extent permitted by law – there shall be no entitlement to a refund of the entry fee and the organiser shall not be liable to pay compensation to the participants.
2.5. Cases of force majeure shall include , in particular, all measures arising from or in connection with the COVID-19 pandemic or a comparable widespread epidemic. The organiser is entitled to amend the programme of the event or parts thereof, to relocate or shorten the routes, and to cancel the competitions in full or temporarily, to restrict them in part, to suspend them or to cancel them entirely. The organiser is entitled to take such measures in particular if the planned staging or continuation of the event could pose a risk to participants, visitors or the general public; if an official ban on the event or the competition(s) were to be imposed; or if the event could no longer be held in a financially viable manner due to restrictions imposed by law or the authorities. Participants must comply with any official requirements or orders imposed on the organiser. Participants will be notified in advance of such requirements and/or changes by email or via the website for the relevant competition. Participants are urged to keep themselves informed on an ongoing basis, and in any event on the day of the event.

2.6. In the event of the Linz Marathon Nikolo Run being cancelled by the authorities, the organiser reserves the right to hold all events of the Linz Marathon Nikolo Run as a Virtual Run. Registered participants will be transferred to the Virtual Run and will be sent their race number and starter pack, provided that the organiser does not receive a written objection to the transfer to the Virtual Run from any registered participant within three days of the official cancellation being announced and published on our website. Upon transfer to the Virtual Run, registered participants shall have no entitlement to a refund of the entry fees.

A refund of the entry fee will only be considered in the event of the complete cancellation of the event, provided that the cancellation is attributable to the organiser without there being a valid reason within the meaning of points 2.4 and 2.5. If the organiser is responsible for the cancellation, a pro rata refund of the entry fees paid by the participants will be made, amounting to the sum remaining after deduction of the proportionate costs already incurred by the organiser that are attributable to the participants. It is the responsibility of the participants to provide evidence that the proportion attributable to expenses already incurred by the organiser would in fact have been lower.

2.7. If participants who have registered in the correct manner do not take part in the event for whatever reason, or if they inform the organiser prior to the event that they will not be taking part, they shall have no entitlement to a refund of the entry fee already paid to the organiser.

3. security measures

3.1. Participation in the event using sports equipment such as, in particular, racing wheelchairs, bicycles and inline skates, or Nordic walking poles/cross-country skiing poles and Smovey rings is not permitted. Accompanying participants by persons not registered for the running events (in particular on bicycles, pushchairs, roller skates or other sports equipment or vehicles) is prohibited and will automatically result in the participants’ disqualification.
3.2. Similarly , taking part without a race number or without the timing chip provided will result in immediate disqualification.
3.3. The organiser reserves the right, for valid reasons, to reject entries, exclude participants from the start or disqualify them. Disqualification shall occur in particular if the allocated race number is passed on to third parties or altered in any way, especially if the promotional print is rendered invisible, obscured or altered in any way. Further grounds for exclusion include, in particular, where participants provide false personal details, have been suspended by one of the relevant sports federations, there is suspicion of the use of unauthorised substances, or participants disrupt the course of the event or endanger the safety of other participants through their behaviour. Disqualified participants will not be permitted to take part for the following two years. The race organisers may also disqualify a participant during the race if the race is jeopardised, in particular through failure to comply with instructions.
3.4. In the event that participants are excluded for the reasons set out in this clause, they shall not be entitled to a refund of the entry fee.

4. data collection and image utilization

4.1. The personal data provided during registration will be collected and processed by the Linz Marathon Nikolo Runs, organised by Linzer Veranstaltungsgesellschaft m.b.H., for the purposes of organising and running the event, including the provision of medical care and support to participants during and in connection with the event, timekeeping, and for the purposes of media coverage.
4.2. You have the right to obtain information from Linzer Veranstaltungsgesellschaft m.b.H. regarding your personal data, as well as the right to have it rectified or erased, to restrict its processing, to object to its processing, and the right to data portability. You also have the right to lodge a complaint with the Data Protection Authority (https://www.dsb.gv.at)
4.3. Participants are hereby informed that photographs, film footage and interviews taken in connection with their participation in the event and the various side events, such as the kick-off, Super Friday, press conferences, running meet-ups, etc., may be distributed, published or used in all media and on all data storage media without any entitlement to remuneration. The organiser will select the images to be published with due care to ensure that participants are not portrayed in a negative light.
4.4. The privacy policy is available for your information during the online registration process and can be downloaded from the www.linzmarathon.at website.
4.5. Participants agree to receive information relating to the event from the organiser in electronic form and/or by post.

5. time measurement

5.1 The timekeeping for the event is carried out by a third party commissioned by the organizer.
5.2. Participants undertake to wear the timing chip (as received when collecting their race pack) on their race number throughout the race. The chip must not be bent. Timing can only take place if the timing chip is used correctly and the route specified by the organiser is followed. Should any split times be missing or if recorded split times appear implausible, the organiser reserves the right to disqualify these participants.

6. other

6.1. The event will take place whatever the weather. However, the organiser reserves the right either to cancel the event before it begins or to bring it to an early close whilst it is in progress if weather conditions or other circumstances could pose a risk to the health of the participants.
6.2 Typesetting and printing errors are reserved.
6.3 Austrian law shall apply exclusively to all disputes arising from or in connection with the registration and/or participation in the event. The place of jurisdiction is the competent court in Linz.

For the information of spectators

As part of this event, photographs of visitors will be taken for documentation and promotional purposes. These may be published in image folders, leaflets and print media, on television and online, as well as at public events. This processing and publication are carried out on the basis of the organiser’s legitimate interest and in compliance with legal requirements. Photographs will be subject to a thorough review by the data controller prior to publication to ensure that no legitimate interests of the person depicted are infringed. Under data protection law, you have the right to request information from the organiser regarding your personal data, as well as the right to have it rectified or erased, to restrict its processing, to object to its processing, and the right to data portability. You also have the right to lodge a complaint with the data protection authority (https://www.dsb.gv.at).