Terms and conditions

Article 1. Definitions
1.1. The terms indicated with an initial capital letter in these General Terms and Conditions have the meaning assigned to them in the following parts of this paragraph.
a. Organizer: the De Friese Eleven Cities Cycling Tour Foundation, located in (8701 KG) Bolsward, at Marktplein 1a.
b. Eleven Cities Cycling Tour: a cycling tour to be organized by the Organizer.
c. Participant: the natural person who has registered for participation in the Eleven Cities Cycling Tour in a manner determined by the Organizer.
d. Agreement: the agreement between Organizer and Participant, which is concluded via the Website, regarding the Participant's participation in the Eleven Cities Cycling Tour against payment by the Participant.
e. Website: the Organizer's website: 'www.fietselfstedentocht.frl' and 'www.fietselfstedentocht.nl'.
f. General Terms and Conditions: the terms and conditions contained in this document.
g. Rules of conduct: the rules that the Participant must adhere to while participating in the Eleven Cities Cycling Tour. The Rules of Conduct can be consulted via the Website.
h. Damage: material and immaterial damage suffered or to be suffered, both in a direct and indirect sense.
i. Parties: Organizer and Participant jointly.

Article 2. Applicability of General Terms and Conditions
2.1. These General Terms and Conditions apply to every Agreement.
2.2. These General Terms and Conditions can only be deviated from if this has been expressly agreed in writing by the Parties.
2.3. If one or more provisions of these General Terms and Conditions prove to be wholly or partially null and void or have been annulled at any time, the other provisions of these General Terms and Conditions will remain fully applicable.
2.4. All possible situations that may arise between Organizer and Participant that are not regulated in these General Terms and Conditions will be assessed and settled according to the purpose and scope of these General Terms and Conditions.
2.7. If the Organizer does not always require strict compliance by the Participant with these General Terms and Conditions, this never means that the relevant provisions do not apply to an Agreement or that the Organizer no longer has the right to demand compliance by the Participant with the relevant provisions in other, comparable cases. to desire.

Article 3. Applicability of Code of Conduct
3.1. The Rules of Conduct form an integral part of every Agreement.
3.2. The participant declares that he has taken note of the Rules of Conduct and that he will adhere to the Rules of Conduct during the Eleven Cities Cycling Tour.

Article 4. Establishment of Agreement
4.1. By completing the registration in the manner referred to in Article 5 of these General Terms and Conditions - and therefore by agreeing to the General Terms and Conditions and the Rules of Conduct - the Participant has entered into an Agreement with the Organizer.
4.2. The content of an Agreement includes:
- the completed registration form(s), with which the registration as referred to in Article 5 of these General Terms and Conditions has been carried out, and;
- these General Terms and Conditions, and;
- the Rules of Conduct.
4.2. An Agreement will never be concluded if the registration has not been carried out/completed in the manner referred to in Article 5 of these General Terms and Conditions.

Article 5. Requirements for participation
5.1. To participate in the Eleven Cities Cycling Tour, registration as described in this article must be completed.
5.2. Registration must be made with a personally created account on the Website. The person in question – who created the account – must log in to this account and then register in the manner indicated on the Website. Registration requires that the person in question agrees to these General Terms and Conditions, and therefore also to the Rules of Conduct.
5.3. The registration as referred to in paragraph 1 of this article is personal. It is not permitted to register as referred to in this article on behalf of or for one or more other persons. The potential Participant must at all times complete the registration process himself, in accordance with this article, with a personally created account.
5.4. The Participant is not permitted to transfer the rights and obligations under an Agreement to a third party.
5.5. It is not permitted to participate in the Eleven Cities Cycling Tour if registration has not been completed in the manner referred to in this article.
5.6. The Participant is not permitted to participate in the Eleven Cities Cycling Tour if:
a. Participant has not taken note of the Rules of Conduct and/or does not agree with the Rules of Conduct;
b. Participant is not adequately insured (in a timely manner) against personal liability for Damage caused by participation in the Eleven Cities Cycling Tour;
c. The Participant is not adequately insured (in a timely manner) for Damage that the Participant in question or his surviving relative(s) may suffer as a result of his/her death, injury or illness caused by participation in the Eleven Cities Cycling Tour;
d. Participant has not reached the age of sixteen on the day of the tour;
e. Participant has not paid the registration fee on time and/or in full.
f. The registration form(s) has/have not been completed completely and truthfully.
5.7. If a Participant is prevented from participating in the Eleven Cities Cycling Tour, the registration fee paid by the Participant will not be refunded.

Article 6. Liability
6.1. Participation in the Eleven Cities Cycling Tour is entirely at your own risk.
6.2. The Organizer is never (jointly) liable for Damage that a Participant or his surviving relative(s) may suffer as a result of the Participant's participation in the Eleven Cities Cycling Tour. In the event of such Damage, the Participant/his surviving relative(s) must rely on the insurance(s) taken out by the Participant as described in Article 5, paragraph 6, sub c of these General Terms and Conditions. The Organizer is also not (jointly) liable for this Damage if the Participant has not taken out this insurance(s) (in a timely manner) and/or if such insurance does not cover all Damage and/or the insurer does not pay out.
6.3. The Organizer is never (jointly) liable for Damage that the Participant has caused to (an) other Participant(s), or (an) other third party(s), through Participation in the Eleven Cities Cycling Tour. Participant indemnifies Organizer against possible liability for this Damage. In the event of such Damage, the Participant must rely on the insurance taken out by the Participant as described in Article 5, paragraph 6, sub b of these General Terms and Conditions. The Organizer is also not (jointly) liable for this Damage if the Participant has not taken out this insurance (on time) and/or if an insurance policy does not cover all Damage and/or an insurer does not pay out.
6.4. The Organizer is never (jointly) liable, even if there is intent or deliberate recklessness on the part of the Organizer, for Damage as referred to in paragraphs 2 and 3 of this article, if the Damage is (partly) the result of :
- failure to observe the Rules of Conduct by the Participant, and/or;
- dangerous/reckless/inattentive (driving) behavior of the Participant.
6.5. The Organizer is not liable for loss, theft or damage to/of property of a Participant.
6.6. Any possible liability of the Organizer towards the Participant or his surviving relatives for Damage will be limited to the amount or amounts paid out in the relevant case under the applicable liability insurance(s). Further information can be obtained upon request regarding the coverage of the Organizer's liability insurance(s).
6.7. If and insofar as no payment is made under liability insurance, for whatever reason, any possible liability of the Organizer towards the Participant or his surviving relative(s) is limited to a maximum amount of EUR 2,500.
6.8. The organizer is authorized to engage third parties in the implementation of the Eleven Cities Cycling Tour. The organizer will exercise due care when engaging third parties. The Organizer is never liable for Damage caused by actions and/or omissions of these third parties, therefore not even if there is intent or deliberate recklessness on the part of third parties. Organizer is authorized to accept limitations of liability from third parties.
6.9. The Participant or his surviving relative(s) cannot assert any claims for compensation for Damage caused by participation in the Eleven Cities Cycling Tour against current or former (legal) persons affiliated with the Organizer, which in any case includes the former and current directors, advisors, employees and legal successors of the aforementioned (legal) persons.

Article 7. Portrait right
7.1. The photos, films or other materials or (electronic) files taken in the context of the Eleven Cities Cycling Tour by or on behalf of the Organizer are the property of the Organizer, regardless of whether they have been made available to the Participant or to third parties, unless expressly stated otherwise. agreed.
7.2 The Participant gives the Organizer permission to publish the materials referred to in paragraph 1 of this article on which the Participant in question is visible on the Website and/or other internet pages of the Organizer, including social media, for the purpose of communication and marketing.

Article 8. Personal data
8.1. The Organizer's privacy statement applies to the processing of personal data by the Organizer. The privacy statement can be consulted via the Website.

Article 9. Force majeure
9.1. The Organizer reserves the right at all times to take the following measures due to circumstances, including circumstances that result in force majeure, without failing to comply with an Agreement:
a. changing the start times, the route and the start and finish locations of the Eleven Cities Cycling Tour;
b. the early termination of the Eleven Cities Cycling Tour;
c. not to allow the Eleven Cities Cycling Tour to take place at all.
9.2. The circumstances referred to in the previous paragraph of this article include, but are not exhaustive:
a. weather conditions;
b. the (maintenance of) public order;
c. calamities;
d. (danger to the) safety of Participants and third parties;
e. measures taken by the government and/or local authorities, including measures to protect public health - such as combating the outbreak of a virus - as a result of which the Eleven Cities Cycling Tour cannot actually and/or legally take place, at least not in the manner described by the Organizer when entering into an Agreement is intended.
9.3. If the Organizer takes a measure as referred to in paragraph 1 of this article, the Participant is not entitled to a refund of the registration fee and/or compensation for any Damage, except as provided in paragraph 4 of this article.
9.4. If the Organizer takes the measure referred to in paragraph 1 sub c of this article, the Organizer has the right to provide a substitute performance, namely holding the Eleven Cities Cycling Tour at a different time and/or in a different manner. If the Organizer provides such a replacement performance, the Organizer is not in breach of an Agreement. In that case, the Participant is not entitled to a refund of the registration fee or compensation for any Damage. Participant is only entitled to a refund of the registration fee if the Organizer decides not to provide a replacement performance.
9.5. The replacement performance referred to in the previous paragraph of this article may include, without being exhaustive, an Eleven Cities Cycling Tour using an application on a smartphone. If the Organizer decides to provide this replacement service, the Organizer will make the relevant application available to the Participant and provide the Participant with the necessary information for its use. The participant is responsible for a proper smartphone and its use.
9.6. All provisions regarding liability included in these General Terms and Conditions also apply if the Organizer provides a replacement performance as referred to in this article.

Article 10. Duty to Complaint
10.1. Any complaint from the Participant regarding circumstances that arise during the execution of the Eleven Cities Cycling Tour must be reported by the Participant immediately to the Organizer - i.e. during the Eleven Cities Cycling Tour. The Organizer and Participant will then, if possible and the nature of the complaint permits, enter into consultation to resolve the complaint on site. If the complaint is not resolved after consultation, the Participant must complain in writing to the Organizer within 14 days after the end of the Eleven Cities Cycling Tour.
10.2. All complaints other than those referred to in paragraph 1 of this article regarding a shortcoming/defect alleged by the Participant in the performance of an Agreement by the Organizer must be submitted by the Participant within 14 days after:
- Participant has become aware of the stated shortcoming/defect, or;
- The participant should have been aware of the stated shortcoming/defect;
must be submitted in writing to the Organizer.
10.3. The period of 14 days as referred to in paragraphs 1 and 2 of this article concerns a further elaboration of what is determined in Article 6:89 of the Dutch Civil Code.

Article 11. Changes to General Terms and Conditions and Rules of Conduct
11.1. The Organizer has the right to change and supplement these General Terms and Conditions and the Rules of Conduct. After amendments/additions to these General Terms and Conditions, the amendments/additions apply to an Agreement.

Article 12 Applicable law
12.1. An Agreement and all related disputes are governed exclusively by Dutch law.
12.2. In the event of a dispute between the Organizer and the Participant that arises from an Agreement/is related to an Agreement, the Parties will first enter into consultation - before turning to the competent court - in order to resolve this dispute amicably.
12.3. The court in Northern Netherlands, location Leeuwarden, has exclusive jurisdiction to hear all disputes arising from an Agreement/related to an Agreement.