Terms and Conditions of Participation in the Hanwag Alpine Experience (hereinafter “HAE”)
These Terms and Conditions of Participation govern the legal relationship between participants and the organiser (Hanwag GmbH, Wiesenfeldstr. 7, 85256 Vierkirchen). By confirming their registration, the participant acknowledges the Terms and Conditions of Participation.
Section 1 Participation
After the participant confirms participation, if selected by Hanwag, the participant shall receive a place on the HAE.
By confirming, the participant agrees that his data may be used for all formalities associated with the HAE.
The organiser reserves the right to exclude a participant from the event at any time if a) he provided intentionally false information regarding his personal data b) there is justified suspicion that the participant is not in the position to participate in the HAE or c) there is justified suspicion that the participant has committed an offence.
Participation is a highly personal right and is non-transferable.
If a registered participant assigns their right without stating reasons or if he notifies the organiser beforehand that he will not be participating, there is no claim to repayment of possible costs incurred.
Section 2 Requirements for participation
The participant ensures that he/she has familiarised themselves with the demands of high-Alpine terrain and is physically and psychologically in the position to participate in the HAE.
The clothing and equipment which are listed in the packing list sent by Hanwag must be carried along for the entire event.
The instructions of the organiser must be followed at all times. Failure to observe the instructions will lead to expulsion from the event.
Section 3 Exclusion of liability
The organiser can change, start late or cancel the event if it believes the conditions to be unsafe. Other claims by the participant – on whatever legal basis – in connection with the event are excluded in these cases.
The organiser is not liable not least for damages to property and finances caused by gross negligence; this limitation of liability does not include damages which are based on the culpable breach of a contractual cardinal duty of the organiser, and personal injuries (injuries to life, body or health of a person). The aforementioned limitations of liability also extend to the personal liability for damages of the employees, representatives, vicarious agents and third parties, who are employed by the organiser in connection with the execution of the event, or with whom it is contractually bound for this purpose.
The organiser assumes no liability for health risks of the participant in connection with participation in the event. The participant is aware that participation in the event holds dangers and that the risk of serious danger is not excluded. He/she confirms and agrees that he/she is responsible for establishing whether he/she is sufficiently fit and healthy to be able to take part in this event without misgivings. He/she further confirms that he/she has not been advised against participation in the event by a doctor or comparable person. The participant is solely responsible for his/her personal effects and equipment. He/she is aware and he/she confirms that he/she bears the following risks in particular which are associated with participation in this event, but that this is not an exhaustive list: Falls, dangers arising from dangerous surfaces, material failure and insufficient safety equipment; as well as any dangers arising as a result of the weather.
The participant is aware of the dangers which arise from the consumption of alcohol, medication and drugs before and during the event and as a result of which his/her judgement and sporting abilities can be impaired. The participant is solely responsible for any consequences which arise from the consumption of alcohol, drugs and medication.
Should it be necessary to medically treat the participant during the event, the participant agrees to this in advance. Medical services are not included and will be billed directly to the participant according to the customary rates for doctors. The organiser does not provide any insurance cover for medical treatment and is also not obligated to do so. The participant is responsible for having sufficient insurance cover for medical treatment. The organiser’s liability for this is excluded.
The organiser assumes no liability for lost effects of the participant. The organiser assumes no liability for itself or for third parties commissioned by it for effects kept safe free of charge for the participant; the organiser’s liability for gross fault in selecting third parties remains unaffected by this
Section 4 Data protection
a) Controller within the meaning of data protection law is:
Hanwag GmbH, Wiesenfeldstr. 7, 85256 Vierkirchen
The company’s data protection officer is external, and can be reached at firstname.lastname@example.org.
b) Collection and processing of your personal data
We process the following data from you if you participate in the HAE:
Contact information, in particular first name and surname, where applicable title, address, telephone number, email address
Contact information of an emergency contact (first name and surname and telephone number)
Date of birth
We process your aforementioned data in order to carry out the event and allow you to participate. This also includes that we, where applicable, record your name in a participant directory, which is provided to other participants in the event (also in electronic form, where applicable). The legal basis for this data processing is Art. 6 (1) Sentence 1 (b) GDPR. It is necessary to process the emergency contact in order to be able to inform your contact accordingly in case of an emergency. If you send us the personal data of the emergency contact, we assume that you have obtained this person’s consent for their data to be sent to us.
d) Recipients of the personal data
Your data will generally not be passed on to third parties, unless the disclosure is necessary for the execution of the HAE and there is an authorisation to transmit under data protection law.
All processors who are employed to perform services have been carefully selected, support Hanwag and are strictly bound by instructions and only obtain access to your data for the scope and the time period required to perform the services, or for the scope in which you have consented to the data processing and use.
Your data shall only be stored, processed and used in the European Union.
e) Duration of storage
The data for the participants will be stored until the expiry of statutory retention and limitation periods.
f) Your rights as data subject
You have the following rights against us regarding the personal data concerning you:
– right of access,
– right to correction or erasure,
– right to restriction of the processing,
– right to object to the processing,
– right to data portability.
You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. The competent supervisory authority is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
g) Objection to or revocation of consent to processing of your data
If you have granted consent to the processing of your data, you can revoke this at any time. Such a revocation affects the admissibility of the processing of your personal data after you have expressed it to us.
Insofar as we support the processing of your personal data with a balance of interests, you can file a complaint against the processing. This is the case in particular if the processing is not required in order to fulfil a contract with you, which is set out by us in the following description of functions. When making such a complaint, we request that you set out the reasons why we should not have processed your personal data as we did. In case your complaint is justified, we shall review the circumstances and shall either suspend or adjust the data processing or show you our compelling grounds for protection, on the basis of which we continue the processing. To exercise your right of revocation, please contact email@example.com
Otherwise the principles of data protection at https://www.hanwag.de/service/datenschutz/ apply.
Section 5 Limitations of liability
Hanwag is not liable for damages which could arise in the participation as a result of errors, delays or interruptions in transmission, in case of disruptions in technical equipment and the service, incorrect content, loss, unauthorized disclosure and/or erasure of data, or as a result of viruses or otherwise. Damages which are caused by Hanwag or its vicarious agents with intent, gross negligence or through the breach of cardinal duties, as well as damages resulting from injury to life, body or health, are not included in the above exclusion of liability.
Section 6 Final Provisions
The HAE is carried out exclusively in accordance with German law, regardless of the location/country a participant comes from.
Should individual provisions be invalid or unenforceable, the remaining provisions shall remain valid.