Terms & Conditions

THE MALLORCA SWIM 2023 TERMS & CONDITIONS

The Mallorca Swim (Mallorca) 2023

GENERAL TERMS & CONDITIONS OF ENTRY TO THE EVENT

DEFINITIONS:

In these terms & conditions of entry the following definitions shall apply:

Agreement: the agreement between you and Best Centre Sports comprised in these Conditions of Entry;

BCS: means Best Centre Sports (Company Number:) whose registered office is situated at Calle Roada 35 Colonia Sant Jordi, Mallorca, Spain

Business Day: means Monday to Friday between the hours of 9am to 5pm (excluding any statutory or bank holidays in Mallorca or Spain);

DPA: the Data Protection Act 2018;

Entry Form: the Event entry form completed by the Participant;

Event: The Long Course Weekend (Mallorca) 2023 to be held on the Event Date;

Event Date: the announced date of the Event;

Event Details: the name, image, and Event time of each Participant;

Event Organiser: means BCS or any person or entity appointed by BCS to assist in the preparation or organisation of the Event including the Officials;

Event Information: means any information that will be provided by the Event Organiser to each Participant that has registered for the Event prior to the Event Date including any Partner related information and any other subsequent information provided by the Event Organiser;

Fee: the fee payable by you to the Event Organiser in consideration of your participation in the Event, as specified in the Entry Form;

Force Majeure: means any event beyond the Event Organiser’s reasonable control, which by its nature could not have been foreseen, or if it could have been foreseen, was unavoidable, including but not limited to acts of God, flood, fire, storms, drought, earthquake, extreme weather conditions or other natural disaster; epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; strikes, lock-outs or other industrial disputes (whether involving the Event Organiser’s workforce or a third party’s), failure of energy sources or transport network, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions or similar events or default of any suppliers or sub-contractors;

IPR: means all intellectual property rights (whether registered or unregistered) throughout the world arising from or relating to the Event including any copyright or trademarks that belong to the Event Organiser;

Officials: any Event officials appointed by BCS from time to time;

Partners: any sponsor, suppliers, licensees or partners of the Event or the Event Organiser from time to time;

Personal Data: shall have the meaning given to it in the DPA;

Race Pack: The race pack containing Information which may include pre-Event registration details, Event location, maps, timings, Rules and any other Event Information deemed relevant by the Event Organiser from time to time;

Rules: the rules prescribed by the Event Organiser in respect of the Event from time to time which can be found on www.lcwmallorca.com;

We, us, our, BCS: means Best Centre Sports;

You, Your, Participant: the entrant to the Event or, where you are signing as a parent or guardian for a child aged under 18 for whom you are responsible, your child.

ACCEPTANCE OF CONDITIONS

2.1. By submitting your Entry Form you are agreeing to enter into the Event and you also agree to abide by the Agreement, the Rules and any instructions given to you by the Event Organisers and the Officials from time to time during the Event.

2.2. If there is any conflict between the Rules and the Agreement, the Agreement shall apply to the extent of the conflict.

2.3. 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 Rules, except where provided to the contrary in the latter, the Conditions of Entry shall prevail to the extent of the conflict or inconsistency.

2.4. Participation in the Event is personal to you. You are strictly prohibited from transferring, selling, swapping or offering to transfer, sell or swap your place in the Event or allowing any other person to wear your Event number unless otherwise authorised pursuant to clause 10.1. The Participant will be required to produce identification to the Event Organiser’s in accordance with clause 4.4 prior to commencing the Event.

2.5. The minimum age of entry for the sprint and olympic distance races at the Event is 14 years old as at the Event Date.

BOOKINGS AND PAYMENTS

3.1. The Participant must complete the Entry Form and pay the Fee to the Event Organiser to participate in the Event.

EVENT SAFETY AND PARTICIPATION

4.1. The Participant acknowledges that participation in the Event is physically strenuous and demanding and the Participant is aware of the associated medical and physical risks involved by entering the Event.

4.2. The Participant warrants that he/she is physically fit and capable of participating in the Event unaided. We advise you to obtain medical advice if there is any doubt. The Participant confirms that should any medical or physical condition arise prior to the Event which may affect or impair his/her ability to participate, the Participant will withdraw from the Event in accordance with these Conditions of Entry.

4.3. Each Participant must attend the pre-Event registration as detailed in the Race Pack in order to participate in the Event.

4.4. The Participant must produce appropriate photographic personal identification acceptable to the Event Organiser (such as a drivers licence or passport), at the pre-Event registration in order to participate in the Event.

4.5. The Participant must provide and use a roadworthy bicycle and helmet which complies with the Rules.

4.6. Unless otherwise notified by the Event Organiser swimming wetsuits are compulsory for open water. The Participant must use a wetsuit which complies with the Rules. Participants without a wetsuit will not be allowed to participate in the Event.

4.7. The Event Organiser may introduce cut off times as part of the Rules, being limits on the time taken to complete sections of the Event to ensure the safe and proper running of the Event. Subsequently, Participants may be instructed or required to withdraw from the Event in accordance with the cut off times prescribed by the Rules.

4.8. The Participant acknowledges that personal accident, personal items and travel insurance is his or her sole responsibility. We advise you to ensure that you have suitable insurances.

4.9. The Participant warrants that he/she will comply with the Rules and all instructions and guidelines given by the Officials or Event Organiser during the Event.

4.10. The Event Organiser will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the Rules, and any such matter rising in connection with the Event. All decisions and readings by the Event Organiser and Officials are considered final.

EVENT INFORMATION AND THE RACE PACK

5.1. The Event Organiser will email the Event Information to the email address provided by the Participant on the Entry Form. The Event Organiser shall not be held responsible for any technological malfunctions that may occur in the process of sending such email communications which may result in failure of receipt by the Participant. To ensure receipt of all Event Information, it is the sole responsibility of the Participant to ensure that they provide the correct email address and to inform the Event Organiser of any changes prior to the Event.

5.2. The Event Organiser will only process any changes to the Participant’s contact details up to 3 months before the Event Date. If a Participant has a change in address after this time, the Participant must contact the Event Organiser to arrange to collect/receive the Event Information.

5.3. The Event Organiser shall email the Race Pack to the email address provided by the Participant on the Entry Form prior to the event. The Event Organiser assumes no responsibility for the non-delivery of any Race Pack that has been emailed by the Event Organiser. Should the Participant not receive a Race Pack prior to the Event Date for whatever reason, it is the Participant’s responsibility to contact the Event Organiser and arrange to collect/receive a Race Pack not less than 24 hours prior to the Event Date.

5.4. If the Participant is part of a team you must provide confirmation of full details of all team members in writing to the Event Organiser not less than 2 weeks prior to the Event Date.

EVENT DISQUALIFICATION

6.1. We (acting reasonably) reserve the right to refuse entry to the Event or disqualify any Participant during the Event for any reason including but not limited to the following:-

6.1.1.you fail to adhere to the Rules or any instructions given by any Event Organiser or the Officials;

6.1.2.you attempt to participate in the Event in a manner that we or the Officials, acting reasonably, believe:-

6.1.2.1.may cause injury to you or another Event participant;

6.1.2.2.may damage or harm the environment;

6.1.2.3.in our opinion is likely to harm, damage, offend or prejudice (including defamatory statements) the Event Organisers, Officials or Partners or any person participating in the Event whether before or during the Event;

6.1.2.4.or otherwise causes a risk or potential risk to the health and safety of any person;

6.1.3. in our or any Officials opinion you are unfit to participate in the Event due to:-

6.1.3.1.the consumption or use of alcohol or drugs;

6.1.3.2.an injury or illness; or

6.1.4. you fail to attend the pre-Event registration or fail to arrive at the start location specified in the Race Pack; or

6.1.5.you are unable to make sufficient progress to complete the Event in accordance with timelines detailed in the Rules.

6.2. If, in accordance with Condition 6.1, you are refused entry to the Event or we disqualify you from the Event, you must remove your Event race number and the Event electronic chip and return them to an Official.

6.3. The Event Organiser may annul the results of any Participant and/or refuse entry to the Event (and any other events organised by the Event Organiser) if the Participant has:

6.3.1.been disqualified, sold or endeavoured to sell their Event number to another person;

6.3.2.falsified any information on the Entry Form;

6.3.3.given his/her Race number to another person or is using a counterfeit number; or

6.3.4.breached the Agreement or the Rules.

6.4. If the Event Organiser is required to refuse entry to the Event or disqualify any Participant from the Event the Participant acknowledges that the Event Organiser shall not be required to refund the Fee in these circumstances.

6.5. The Event Organiser (acting reasonably) reserves the right at all times to refuse entry at its sole discretion to the Event or any other events organised by the Event Organiser.

EVENT ALTERATIONS

7.1. The Event Organiser reserves the right to make any reasonable or necessary alterations to the Event (or any part of it) at any time whether before or during the Event due to circumstances beyond its control (including for example weather or sea conditions) or any necessary or desirable changes to the Event to protect the health and safety of the Participants. For example, such alterations or changes may include changing the Rules, Event race itinerary programme, distances, routes or cancellation of a certain part of the Event.

7.2. If the Event Organiser is required to exercise its rights under clause 7.1 the Participant acknowledges that the Event Organiser shall not be required to refund the Fee in these circumstances.

EVENT CANCELLATION AND FORCE MAJEURE

8.1. By accepting these Conditions of Entry each Participant acknowledges that the Event Organiser has incurred significant time, costs and resources to organise, manage and prepare the Event well in advance of the Event Date and that the Event Organiser cannot refund the Fee in full to the Participant if it is required to exercise its rights to cancel the Event pursuant to this clause 8. The Participant acknowledges that any partial refund payable by the Event Organiser under this clause 8 shall be determined with reference to the following date of cancellation:

Date of Cancellation/Refund % of the Fee

On or Before 1st October 2022

75%

After 1st October 2022

50%

8.2. The Event Organiser may cancel the Event if a Force Majeure event occurs or any other circumstances beyond our reasonable control arises on or before the Event Date.

8.3. The Participant acknowledges that in view of the Covid-19 pandemic that the Event Organiser may be required to cancel the Event due to circumstances beyond its control including legislation, directions or guidance issued by government or local authorities for example prohibiting mass gatherings. The Participant acknowledges that if the Event Organiser is advised or required to cancel the Event due to a Covid-19 related issues the provisions of clause 8.5 shall apply.

8.4. If we cancel the Event pursuant to clause 8.2 or due to Covid-19 under clause 8.3 we will, if practicable, provide notice of cancellation to you by email. In the event that such notice is not practicable due to the timescales we will use our reasonable endeavours to provide other suitable methods of notice to the Participants which may include social media, mobile phone, text message, television and/or radio broadcasts.

8.5. If the Event Organiser cancels the Event pursuant to clause 8.2 or 8.3 the Participant shall be entitled to either:

8.5.1.request a partial refund of the Fee (determined by reference to the date of cancellation pursuant to clause 8.1) which shall be refunded by the Event Organiser on or within 28 days of receipt of a request for the partial refund provided that such request is made within five months from the date the Event Organiser has given notice of the cancellation of the Event; or

8.5.2.defer entry to the event to be held the following year.

8.6. The Participant acknowledges that if the Event is cancelled pursuant to this clause 8 the Event Organiser shall not be liable for any consequential costs or expenses incurred by the Participant including for example, the Event’s Fee, any travel or accommodation costs.

CANCELLATION OR WITHDRAWL BY THE PARTICIPANT

9.1. If you need to withdraw from the Event you should notify us prior to the Event by sending an email to [email protected] or a letter to the Event Organiser at: Calle Roada 35 Colonia Sant JordI, Mallorca, Spain

9.2. You have the right to cancel your entry to the Event at any time within 14 days of submitting the Entry Form to the Event Organiser. You must notify the Event Organiser in writing by e-mail or by post as detailed in clause 9.1 to cancel your entry to the Event. If you exercise your right to cancel your entry to the Event pursuant to this clause 9.2 the Event Organiser shall reimburse the Entry Fee to you in full within 28 days of receipt of the notice of cancellation.

9.3. Without prejudice to clause 9.2 if you cancel or withdraw from the Event the Fee will not be refunded in full but you will be entitled to a partial refund of the Entry Fee as follows:

Date of Cancellation by the Participant/Refund % of the Entry Fee

On or before 1 October 2022

75%

2 October 2022 – 1 January 2023

50%

2 January 2023 – 1 February 2023

25%

9.4. If you cancel the Agreement after the 1 February 2023 you shall not be entitled to any refund of the Entry Fee but you will be permitted to enter the event the following year at a discounted fee known as the “early bird” discount.

TRANSFER BY THE PARTICIPANT

10.1.You shall be permitted to request to transfer your entry to the Event to another person more than 3 months prior to the Event Date. Subject to the transferee completing an Entry Form and paying the Event Organiser the Entry Fee (at the rate due on the date of the transfer) in full the Event Organiser shall refund you your Entry Fee on or within 28 days from the date of completion of the transfer.

10.2.You acknowledge that except for the provisions of clause 10.1 you may not transfer or deal in any other manner with any or your rights or obligations under the Agreement.

INTELLECTUAL PROPERTY RIGHTS

11.1. All Intellectual Property Rights in or arising out of or in connection with the Event shall belong to the Event Organiser and the Participant shall not be authorised to use or reproduce any of the Event Organiser’s IPR without its written consent.

11.2.The Participant acknowledges that any audio, visual or audio-visual recordings that are made during the Event (or any part of it) are for personal use only and cannot be used for any commercial purpose unless otherwise approved in writing by the Event Organiser.

DATA PROTECTION

12.1.For the purposes of this condition 12, personal information includes medical data collected for health and safety purposes (“Personal Information”).

12.2.You agree that the Personal Information relating to you can be stored, used by us and our Event Partners in connection with the organisation, staging and administration of the Event.

12.3.The Participant acknowledges and confirms that the medical information may also be used by the Event Organisers to prepare the Participant’s Event race chip and to allow medical assistance to be given to the Participant during the Event.

12.4.You agree that the Personal Information relating to you may be anonymised and the anonymised data may be used by us and our Event Partners in connection with the compilation of statistical information.

12.5.You agree that your name, image and contact details can be used by us and our Event Partners for the purposes of:-

12.5.1. the promotion and marketing of the Event;

12.5.2.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;

12.5.3.promotional and marketing material in respect of similar events, other community-based activities organised by our Partners, (together the “Marketing Information”).

12.6.If you would not like us or our Partners to use the Marketing Information or Personal Information other than for purposes related to your participation in the Event, please notify us by e-mail or in writing. You may also withdraw your consent by ticking the appropriate box on your application form.

12.7.The Participant acknowledges that the Event may be televised, filmed and/or otherwise recorded and photographs may be taken which may capture your participation in the Event. You agree to the publication of such photographs, filming, recording and broadcasts and their use by use and those authorised by us 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.

12.8.Please read our Privacy Policy carefully to understand our practices regarding your Personal Data and how it will treat it. By entering the Event you are accepting and consenting to the practices described in the Agreement and the Privacy Policy.

LIMITATION OF LIABILILTY

13.1.In no event shall the Event Organiser be liable to the Participant whether for breach of contract, any tortious act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:

13.1.1. loss or damage;

13.1.2. loss of profit;

13.1.3. loss of reputation;

13.1.4. loss of business, revenue or goodwill;

13.1.5. loss of anticipated savings;

13.1.6. pledges made on your behalf or by you to any charity; or

13.1.7.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 (c) is in the contemplation of the parties or otherwise.

13.2.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.

13.3.Subject to clause 13.2 the Event Organiser’s total liability to the Participant in respect of all other losses arising from the Agreement, whether in contract, tort or otherwise shall be limited to a maximum sum equal to the Fee.

GENERAL

14.1.Assignment and other dealings by the Event Organiser

14.1.1.The Event Organiser may at any time assign, transfer or deal in any other manner with all or any of its rights or obligations under the Agreement.

14.2.Notices

14.2.1.Any notice or other communication given to a party under or in connection with the Agreement shall be in writing

Participant: the address specified in the Entry Form

or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier, or e-mail.

14.2.2.A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.2.1; if sent by pre-paid first class post or other next working day delivery service, at 9:00am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

14.3. Third Party Rights

A person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1989 to enforce any provisions of the Agreement.

14.4. Severance

14.4.1.If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Agreement shall not be affected.

14.4.2.If any provision of the Agreement (or any part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.

14.5. Waiver

No failure, delay or omission by the Event Organiser in exercising any right, power or remedy provided by law or under the Agreement shall operate as a waiver of that right, power or remedy nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

14.6. Governing Law

The Agreement and any dispute or claim arising out of or in connection with the Agreement, its subject matter or formation shall be governed by and construed in accordance with the laws of Spain.

14.7. Jurisdiction

The parties irrevocably agree that the courts of Spain shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement, its subject matter or formation.