GENERAL CONDITIONS OF SALE PACK MARATHON DES SABLES 2024

The terms below, which are understood as singular or plural depending on the context in which they are used, will have the meanings given below:

ATLANTIDE ORGANISATION INTERNATIONALE (AOI): Registered association specializing in sports club activities, Business sector code (APE): 9312Z, the registered office of which is at 3 route de Verrières, 10 450 BREVIANDES, France. Identifier of French non-profit (RNA): W103002211, SIREN: 332 723 279, SIRET: 33272327900060, EU VAT No FR79332723279.

ATLANTIDE ORGANISATION INTERNATIONALE
3 route de Verrières - ZA LES GREVOTTES
10450 BREVIANDES - France

Tel.: + 33 (0)3 25 76 57 77

E-mail : inscription@marathondessables.com

Contracts: The Contract comprises these General Terms and Conditions of Sale, the Race Rules, the Timings sent to Participants, any conditions for inclusion on the waiting list for the current year and any conditions of refund.

Race: Staged sporting event, open to walkers and runners; called "MARATHON DES SABLES".

Entry Package: All the Services offered by ATLANTIDE ORGANISATION INTERNATIONALE to Participants as part of their participation in the Race.

Services: Services offered by ATLANTIDE ORGANISATION INTERNATIONALE included in the Entry Package.

Participant: Individual whose final registration for the Race has been confirmed.

Race Rules: Document entitled Race Rules which determines and regulates the conditions for participation in the Race, in particular physical and medical conditions.

Website: Institutional website available at the following address: https://www.marathondessables.com/en and the registration Website available at the following address: https://inscription.marathondessables.com/en

Timings: Information sent to Participants by ATLANTIDE ORGANISATION INTERNATIONALE relating to various topics, including the material conditions of the Services.

Article 2. Scope of application

Every year, ATLANTIDE ORGANISATION INTERNATIONALE organizes a new version of the "MARATHON DES SABLES" race, which takes place in March and April, mainly in the Moroccan Southern Sahara, in the form of an ultra-marathon with food self-sufficiency.

The purpose of these General Terms and Conditions of Sale is to define the conditions under which the "MARATHON DES SABLES" Entry Package is marketed by ATLANTIDE ORGANISATION INTERNATIONALE for participation in the Race.

This Contract comprises these General Terms and Conditions of Sale, the Race Rules, the Timings sent up to the time of departure, the conditions for inclusion on the waiting list for the current year and the conditions of refund.

These General Terms and Conditions of Sale are available on the Website at any time and will take precedence, where applicable, over any other version and any other conflicting document.

Purchase of the Entry Package constitutes acceptance of the terms of this Contract (including the Race Rules) which the Participant states they have read and acknowledges they have accepted.

Article 3. Services

As part of the Race and through the Website, ATLANTIDE ORGANISATION INTERNATIONALE offers a set of Services for sale in the form of a Package.

The Services included in this Entry Package are: transport, accommodation, supply of a Race kit, catering, supply of water and assistance to Participants during the Race in accordance with the terms below, the details of which are given to Participants in the Timings.

It is not possible to register for the Race other than by purchasing the Entry Package. The Services included therein cannot be offered separately.

The details of the Services are specified in the Race Rules which may be viewed on the institutional Website and on the registration Website and in the Timings which are regularly sent by email to the Participant.

1. Transport

Transport as part of the Entry Package is generally by plane (subject to the options selected by the Participant) and by bus.

Transport times and methods will be confirmed to the Participant in the Timings.

Timetables, vehicles, schedules and travel times are subject to change, in which case the Participant will be informed.

ATLANTIDE ORGANISATION INTERNATIONALE and its partners cannot be held liable, and cannot guarantee the return of any personal belongings or luggage left on board the various transport vehicles, or in any other location.

2. Accommodation

Two nights half-board in a hotel are provided at the end of the Race.

The arrangements will be confirmed to the Participant in the Timings.

A bivouac is provided each day at each Race site. Participants benefit from a set-up camp: numbered tents generally for 8 persons, and allocated as far as possible by country of residence.

3. Catering

Catering methods (outside the Race period) are specified in the Race Rules and in the Timings sent to Participants.

Food self-sufficiency is required during the Race. Consequently, Participants must anticipate their food needs from the start to the end of the Race in accordance with the Race Rules. Any external assistance and/or provision of supplies during the event is penalized.

ATLANTIDE ORGANISATION INTERNATIONALE ensures the supply of water for the entire duration of the Race in accordance with the Race Rules.

4. Race Kit

ATLANTIDE ORGANISATION INTERNATIONALE provides Participants with a Race Kit. This Kit includes:

• A road book;
• Salt tablets;
• Identification marks (2 numbered bibs, 3 CHRONOTAG identifiers);
• Toilet bags;
• 1 light stick provided before the night of the long-distance stage

A distress beacon is also given to Participants and must be returned at the end of the Race. Otherwise, a penalty of €100 will be charged.

5. Assistance and supervision

During the Race, ATLANTIDE ORGANISATION INTERNATIONALE provides medical, air and ground assistance, as well as technical supervision of the organization.

During the Race, any external assistance is strictly prohibited.

A medical team, selected by ATLANTIDE ORGANISATION INTERNATIONALE and specializing in climate-appropriate sports medicine, will be present during the Race. It will be present along the route in assistance vehicles, accompanied by a race marshal, at checkpoints and at the finish line. Medical teams are authorized to remove bibs (in the case where Participants must or wish to drop out), bring any injured Participants back to bivouac points, and eliminate any Participant unable to continue the Race and/or in need of life-saving medical care.

Searches may be conducted by ground and/or air assistance teams in the event that a Participant goes off route. Any search under conditions deemed unreasonable will be liable to a penalty of two hundred (200) euros, which will be charged to the Participant.

Article 4. Unused services/modifications

Any Services not used by the Participant (transport, accommodation, catering, etc.) will not be refunded/compensated.

Services modified by Participants are subject to the terms and conditions of the service providers and suppliers which may be requested by Participants directly.

Additional or replacement Services resulting in additional cost must be paid directly to local service providers and suppliers and ATLANTIDE ORGANISATION INTERNATIONALE may not, under any circumstances, be held liable in any way. Any part of the Services that has not been used will not be refunded.

Article 5. Service Availability

It is expressly agreed that some Services or activities may be modified or discontinued, in particular for climatic/health/technical reasons. ATLANTIDE ORGANISATION INTERNATIONALE will make every effort to replace any cancelled Services with an equivalent Service.

All these risks form an integral part of the Contract in view of the nature of the Race and the Participant represents that it has been informed thereof. ATLANTIDE ORGANISATION INTERNATIONALE shall not be held liable and no compensation or refunds shall be payable unless the Services are substantially modified.

Article 6. Conditions of registration for the Race

The Entry Package must be purchased online on the Registration Website. When purchasing the Entry Package, the Participant will be required to register for the Race and must fill out an administrative and medical file and join the clean sport programme. Non-receipt of this information before the registration end date will result in penalties in accordance with the Race Rules.

1. Administrative file

The Administrative File includes:

• The identity and contact details of the Participant, in accordance with the requirements of the Race Rules;
• A photocopy of the Participant's passport (issue date and valid for at least 3 months after entering the country in which the Race is held);
• Photo ID;
• Regarding long-term treatment of a chronic illness, please send a letter for the attention of the Medical Director, by post to AOI - 3 route de Verrières - ZA LES GREVOTTES - 10450 BREVIANDES - FRANCE or by email to inscription@marathondessables.com ;
• The name of the team and the names of the team members for Participants who choose to complete the Race in team;
• Hotel details;
• Media form.

2. Medical file

The Medical File includes:

• The medical certificate of the organisation, which must be downloaded from the Registration Website (available about a month before the race);
• An at-rest electrocardiogram and pattern thereof, dated less than 30 days before the start of the Race.

Only original documents, dated and signed, will be accepted (photocopies are not valid).

The organisation's medical certificate and the at-rest electrocardiogram and pattern thereof must be signed and dated less than 30 days before the start of the Race. In the event of breach of this obligation, the Participant will not be able to start the Race, but will nevertheless be allowed to participate after being examined, subject to consent from the organisation's physicians. Each of these documents may be produced on the bivouac, subject to a fixed fine of two hundred (200) euros to be paid on site in cash. The Race Rules also stipulate that a penalty of one hour will be applied per missing document.

3. Clean sport programme

A programme to protect the health of Participants and promote clean sport has been set up by ATLANTIDE ORGANISATION INTERNATIONALE and is detailed in the Race Rules.

This programme, called Health Policy, is neither intended nor able to replace the existing national and international anti-doping regulations in force, but aims to strengthen medical supervision before, during and after the Race.

The Health Policy is in particular responsible for giving an opinion to the Race management on the medical condition of Participants. It can go as far as to suggest to the Race management that a Participant should be excluded from competition for health reasons ("no start"), or not ranked after the competition for failure to comply with procedures.

This Health Policy applies to all Participants who undertake to comply with the conditions as listed in the Race Rules.

Any medical information provided is only available to the Health Policy as well as to the medical team during an event care during the competition.

Any unreasonable failure, refusal, or transmission of erroneous information in connection with the Health Policy may result in the Participant being excluded from the competition before the Race or not being ranked after the Race.

4. Minors

Subject to the prior consent of ATLANTIDE ORGANISATION INTERNATIONALE, as well as the signed authorisation of parents, guardians or official bodies having custody or responsibility, minors aged 16 years and over may participate in the Race. They must meet the same requirements mentioned in this Contract.

Due to the specific nature of the Race (food self-sufficiency, Race Rules), it is specified that no accompanying person will be accepted on the event.

Article 7. Prices

By registering for the event, the Competitor acquires the status of "sympathetic member" of the association Solidarité MARATHON DES SABLES (SMDS). His/her financial contribution in support of the association SMDS will be deducted by the MDS from the amount of his/her registration and will be returned to SMDS.

The prices indicated in these General Terms and Conditions of Sale are expressed in Euros, inclusive of all taxes, at the rate in force on the day of subscription to the Stay Pack.

The price of the Entry Package differs depending on the category selected by the Participant:

• "Category A" corresponds to Participants wishing to complete the Race individually. The price of the Category A Entry Package is three thousand nine hundred and ninety (3,990) euros (French Resident Rate with return air fare from Paris included) or three thousand five hundred and forty (3,540) euros (air fare non included);
• "Category B" corresponds to Participants wishing to complete the event in teams of at least 3 Participants. The price of the Category B Entry Package is four thousand ninety (4,090) euros per person (French Resident Rate with return air fare from Paris included) three thousand six hundred and forty (3,640) euros (air fare not included).

The costs of the Category B Entry Package include the same Services as in category A as well as the inclusion of the team in the media pack, the official ranking of the team and the official individual ranking of each team member.

Entries are nominative. No registered Participant may be replaced by another person.

Prices do not include lunch or any beverages during dinner on the last two days at the end of the stay, or the costs of accommodation or food in case of abandonment of the Race by the Participant (excluding medical evacuation) before the last stage of the Race.

Article 8. How to purchase the Entry Package

1. Purchase and payment terms

The Entry Package is purchased online on the Registration Website.

The Participant must create an account to purchase the Entry Package.

Creating an account requires an email address and the creation of a password for which the Participant is responsible.

In case of loss of password, the Participant can create another one by following the process on the Registration Website.

The Participant is responsible for purchasing the Entry Package, as follows :

1. Complete the necessary forms to create an online account and register for the Race (personal information, participation category and methods and means of payment). In case of prolonged inactivity during log-in, any information entered prior to such inactivity is not necessarily saved. The Participant is then asked to restart the form.
2. Verify the registration information, including the choice of payment method and, where applicable, identify and correct any errors.
3. Confirm the registration by ticking the box: "Before registering for the MARATHON DES SABLES organized by AOI, I declare that I have read the Race Rules and the General Terms and Conditions of Sale and have unreservedly accepted all the terms thereof by ticking the box. " and the Total Price by clicking the "Pay" tab in the payment line (or the first instalment payable in the case of payment of the Entry Package in several instalments), which will form the Contract. Confirmation implies acceptance of the entire Contract and constitutes proof of Contract.
4. Follow the instructions of the online payment server to make payment or use the other payment methods.
5. The Participant shall immediately receive an electronic acknowledgement of receipt comprising essential information about the purchase of the Entry Package, which shall constitute confirmation of the purchase (the "Registration Confirmation").

Prior to the confirmation and payment stage of the registration, the Participant will have the opportunity to return to the previous pages, and to correct and modify any information previously provided. After this stage, for any change request, the Participant must send an email to ATLANTIDE ORGANISATION INTERNATIONALE.

Registration will only be regarded as final following final receipt of the price, the communication of all necessary information and documents by the Participant and final confirmation of the registration by ATLANTIDE ORGANISATION INTERNATIONALE after the documents and information sent by the Participant have been checked.

The Participant is informed that they can track the progress of the confirmation procedure of the registration by ATLANTIDE ORGANISATION INTERNATIONALE on the Registration Website.

The price shall be payable in cash or in accordance with the schedule set out below by secure payment method in the following ways:

• by credit card: Visa, MasterCard, E-Cards, Maestro.

Payment data is exchanged in encrypted mode using the SystemPay protocol (Caisse d'Epargne).

• by bank transfer within 8 business days of registration (ATLANTIDE ORGANISATION INTERNATIONALE's bank details are on the registration confirmation page of the Registration Website).

If you wish to pay by another method, please contact the MARATHON DES SABLES team directly at the following address: inscription@marathondessables.com

The Entry Package is payable exclusively in Euros.

All payments must be made to ATLANTIDE ORGANISATION INTERNATIONALE. In the case of bank transfer, all bank charges shall be borne by the payer.

The payment of a deposit may be requested depending on the number of places available at the date of purchase of the Entry Package.

Payments made by the Participant will only be regarded as final following actual receipt by ATLANTIDE ORGANISATION INTERNATIONALE of the sums due.

Late payment will result in the immediate collectability of all sums due and a penalty of 150 euros by the Participant, without prejudice to any other action that ATLANTIDE ORGANISATION INTERNATIONALE shall be entitled to bring, in this respect, against the Participant.

In addition, ATLANTIDE ORGANISATION INTERNATIONALE reserves the right, in the event of non-compliance with the payment terms, to suspend or cancel the registration.

2. Payment schedule

The following payment schedules are proposed to Participants depending on the registration date:

Payment in 1 instalment by credit card:

The total amount of the chosen offer is paid by credit card at the time of registration.

Payment in 2, 3, 4 or 5 instalments by credit card:

When registering, select the 2x or 3x free of charge method by credit card, the amount is then calculated automatically and debited automatically every month on the anniversary date for 2 or 3 months, depending on the method selected - the last debit to be made no later than 30 days before the start of the event.

Payment in 4x and 5x by credit card is only available for registrations made before a certain date. Direct debits are made automatically every month on the anniversary date.

3. Validity of registration

ATLANTIDE ORGANISATION INTERNATIONALE reserves the right to refuse the registration of a Participant, in particular in the event of a previous dispute (for non-payment, late payment, partial payment, rejection of the means of payment or opposition to payment by the bank holding the account) or if the Participant does not share the sporting values inherent in this type of event. It will then inform the Participant accordingly.

4. Waiting List

Since the total number of Participants is limited, ATLANTIDE ORGANISATION INTERNATIONALE will select applications in order of registration and according to the number of places available.

If the number of seats for the 2024 edition is reached, the organization will set up a waiting list on the registration site AND will disseminate this information. This will require the competitor to have created an account and made at least one payment. It will not be systematically implemented, this will depend in particular on the closing date of registrations

Competitors featuring on this list have two possible options:
1. If a place on the 2024 edition becomes free, his or her participation shall be validated, provided the conditions for definitive registration are complied with (see ART. 25 of the race regulations)
2. If no places become free on the 2024 edition, the application will be postponed with a priority to MDS 2025 following the conditions of the 2024 edition. 

To be added to the waiting list, the Participant must:

• Create an account on the Online Registration Website
• Confirm and make the first payment: payment by credit card or bank transfer within 8 days of their registration.

Article 9. Amendment and cancellation of registration

Requests to cancel registration and for a refund must be sent to ATLANTIDE ORGANISATION INTERNATIONALE by registered letter with acknowledgment of receipt in order to avoid any dispute.

Any scales for reimbursement are communicated by ATLANTIDE ORGANISATION INTERNATIONALE.

If a deposit or the total amount of the registration has been paid by the Participant, the reimbursement scales for the 2024 Race are as follows:

• Up to and including July 31, 2023, participants are entitled to a full refund.
• Deposit of 600 euro will be retained for processing fee in the event of cancellation between August 1st and September 30th, 2023.
• 20% of the full enrolment fee will be retained by the organization in the event of cancellation between 01/10/2023 and 31/10/2023.
• 40% of the full enrolment fee will be retained by the organization in the event of cancellation between 01/11/2023 and 30/11/2023.
• 50% of the full enrolment fee will be retained by the organization in the event of cancellation between 01/12/2023 and 31/12/2023.
• 60% of the full enrolment fee will be retained by the organization in the event of cancellation between 01/01/2024 and 31/01/2024.

Beyond 31/01/2024 midnight no request for reimbursement will be honored.

It is specified that the Competitor has no right of withdrawal in accordance with Article L.221-28 of the French Consumer Code.
 

Article 10. Insurance

An insurance policy covering the risks of repatriation on health grounds is included in the Entry Package.

The cover is as follows:

GUARANTEE TABLE

* by 1st class train or economy class airliner

ATLANTIDE ORGANISATION INTERNATIONALE advises Participants to take out individual accident and death insurance.

Regarding cancellation insurance, we remind you that any cancellation of participation is a case of force majeure and that it is therefore strongly advised to take out a policy. In the event of cancellation of your registration, AOI will not be able to take your claim into account, whatever the reason. Refunds will be made according to the established scale (see Art. 9 of the race regulations).

Article 11. Responsibility

1. Liability of ATLANTIDE ORGANISATION INTERNATIONALE

ATLANTIDE ORGANISATION INTERNATIONALE shall be automatically liable towards the Participant for the proper performance of obligations resulting from the Contract, whether those obligations are to be performed by it or by other service providers, without prejudice to its right to take action against them.

However, ATLANTIDE ORGANISATION INTERNATIONALE may be partly or fully relieved from liability if it can provide proof that the damage is attributable either to the Participant or to a third party extraneous to the provision of the Services stipulated in the Contract, or to exceptional and unavoidable circumstances (situations beyond the control of the party invoking it, the consequences of which could not have been avoided even if the party had been able to take all reasonable measures, and which prevents either the Participant or ATLANTIDE ORGANISATION INTERNATIONALE or its service providers from performing all or some of the obligations stipulated in the Contract. Examples: Insurgency, attacks, riots and any prohibition issued by governmental or public authorities, climatic conditions such as cyclone, earthquake, tsunami, tornado, cloud, sandstorm, geographic, health such as epidemics, pandemics, government and/or administrative health measures in the country where ATLANTIDE ORGANISATION INTERNATIONALE has its registered office or in the country where the Race is held), in accordance with Article L.211-16 of the French Tourism Code.

In the event that its liability is automatically invoked as a result of its service providers in accordance with the aforementioned article, the limits of compensation under international conventions in accordance with Article L. 211-17 IV of the Tourism Code will apply; failing this, and except in case of personal injury, intentional damage or damage caused by negligence, damages will be limited by the Contract to three times the total price of the Entry Package.

Pursuant to Article L.211-17 VI of the aforementioned Code, claims for the liability of ATLANTIDE ORGANISATION INTERNATIONALE have a statutory limitation period of two years.

ATLANTIDE ORGANISATION INTERNATIONALE cannot be held liable for any non-conformity of Services purchased by the Participant, which are not included in the Entry Package.

2. Liability of Participants

The Participant agrees to comply with international regulations. Competitors shall automatically be held liable in case of failure to comply with these.

ATLANTIDE ORGANISATION INTERNATIONALE reserves the right to discontinue the Service in progress in the event of damage (equipment supplied, bivouac, stages, route) or infringement committed by the Participant (doping), or if the Participant's conduct endangers the safety of others (driver, assistance team, other Participants).

ATLANTIDE ORGANISATION INTERNATIONALE reserves the right to claim compensation in the event of damage committed by one of the Participants.

Article 12. Personal data protection

The Organiser is committed to the protection of personal data and undertakes to ensure the security and confidentiality of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR"), in particular by taking all necessary precautions to prevent such data from being deformed, damaged or accessed by unauthorised parties.

When registering for a MARATHON DES SABLES, the participant is informed and accepts that his/her personal data will be: (i) collected on the registration platform, owned by Talky Walky mandated by the latter; (ii) used by the Organiser, which acts as the data controller within the meaning of the GDPR, and by Talky Walky its subcontractor.
 
1: Identity of the data controller

The identity and contact details of the person responsible for processing personal data are as follows: 

ATLANTIDE ORGANISATION INTERNATIONALE (AOI): Registered association specializing in sports club activities, Business sector code (APE): 9312Z, the registered office of which is at 3 route de Verrières, 10 450 BREVIANDES, France. Identifier of French non-profit (RNA): W103002211, SIREN: 332 723 279, SIRET: 33272327900060, EU VAT No FR79332723279. Contact e-mail: inscription@marathondessables.com.

Your personal data are collected by our subcontractor:
Your personal data is collected by our subcontractor: 
SARL Talky Walky with share capital of €100,000, headquartered at 15 rue Bégand 10000 TROYES - Siret: 441 731 114 0035. Contact e-mail: troyes@talkywalky.com.
 
2: Data and information collected

The data collected is as follows:
Mandatory data for the registration to the MARATHON DES SABLES
Mandatory data identified on the website by an asterisk are collected during the registration process:

• First name
• Last name
• Telephone number
• E-mail address
• Password
• Civil status (Male, Female)
• Passport number
• Date of birth
• Country
• City
• Postcode
• Address
• Shirt size
• Emergency contact (First name, Last name, Phone number, E-mail)

This list is likely to change in the light of the legal, technical, or organisational constraints of the Organiser. In particular, in the context of the "Rider + Companion" offer, data relating to the identification of the companion will be requested.
 
Optional data for the registration to the MARATHON DES SABLES
During the registration process, other data may be requested but are not essential for registration.
In addition, the Organiser or Talky Walky may send one or more satisfaction surveys, polls, or questionnaires to participants after the event and collect additional data, in particular relating to the level of sporting activity, feelings about the race, hobbies, participation in other events etc.
 
Payment data:
During registration, the bank payment service provider collects and processes data concerning the means of payment (bank card number, expiry date of the bank card, visual cryptogram (not retained), etc.). These data related to the means of payment communicated are encrypted thanks to a security protocol, are never transmitted in clear text on the network and are not communicated to the Organiser.
 
Technical data:
The Organiser and Talky Walky may collect technical data such as connection data, IP address in accordance with the applicable legislation, and where appropriate with the participant's consent, for the use of certain technologies such as Cookies. No sensitive data is collected, i.e. information concerning racial or ethnic origin, political opinions, philosophical or religious beliefs, trade union membership, etc. (art. 9 of the GDPR).
 
3: Purposes of the treatment

The Organiser and Talky Walky collect the above data for specific purposes, in accordance with the applicable legal provisions and with your consent, and in particular for the purposes of:

• To allow the creation, the management, and the access to your account;
• To enable the processing, management, follow-up, and validation of registrations for the MARATHON DES SABLES events organised by the Organiser;
• To facilitate collection and fight against fraud;
• To enable the management, modification, and improvement of the Organiser's events;
• Management of the information relationship with the participant by e-mail and/or SMS concerning the event for which he/she has registered (confirmation of the registration, confirmation of the validation or refusal of the registration, information on the event, information on the results, etc.). or to provide any useful information such as updates, newsletters concerning the Organiser's activities;
• Sharing of data with the Organiser's official and commercial partners (industrialists, media, institutions) for the purpose of communicating promotional offers, advertisements, and other commercial communications (subject to your prior agreement when required and to respect for your right to object, in accordance with the rules applicable to commercial prospecting);
• Carrying out satisfaction surveys for scientific and statistical purposes (by means of surveys or questionnaires).

 
4: Data beneficiaries

The personal data collected during the online registration process may be communicated to:

• to the Organiser's internal services (administrative staff, employees, and agents);
• to the Organiser's service providers and contractual partners who intervene and contribute directly to the management of registrations and the organisation of the MARATHON DES SABLES  (hotel, manufacturer of race numbers, company in charge of medical assistance, etc);
• to the Organiser's privileged partners (manufacturers, media, institutions), with your agreement, in order to offer products and/or services or for commercial prospecting and/or advertising purposes.

The Organiser asks its service providers and partners to put in place strict confidentiality and commercial prospecting measures.
By participating in the MARATHON DES SABLES event, participants acknowledge and accept that:

• Their surname, first name(s) and country appear on the official start list published on the website www.marathondessables.com
• Their geolocation on the race route is accessible to users of the www.marathondessables.com website.
• At the end of the sporting event and at any time during the event or at the end of each stage, information relating to their sporting performance (in particular, results, photos and videos) shall be published on the website www.marathondessables.com ; the said results being likely to be taken up by any media.

If you wish to oppose such publication for a legitimate reason, you must communicate this decision, in writing, to the Organiser at the following address: inscription@marathondessables.com, no later than thirty (30) days before the start of the event so that the appropriate measures can be taken.
Apart from the cases set out above, the Organiser undertakes not to sell, rent, transfer, or give access to third parties your data collected without your prior consent, unless it is obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).

Some of the addressees mentioned above may be established outside the European Union and may have access to all or part of the personal information collected by the Organiser and Talky Walky.

You expressly agree that your data may be transmitted to service providers or partners located outside the European Union. In this context, the Organiser undertakes to guarantee the protection of your data in accordance with the strictest rules, in particular through the signature, on a case-by-case basis, of contractual clauses based on the European Commission's model, or any other mechanism in compliance with the GDPR, as soon as your personal data is processed by a service provider outside the European Economic Area and whose country is not considered by the European Commission to provide an adequate level of protection.
 
5: Duration of data conservation

The data is kept for as long as is necessary for the purposes set out above. These data will be deleted if the participant has not responded to any invitations during three (3) years.
However, this data may be kept for a longer period in order for the Organiser Talky Walky to comply with their legal and regulatory obligations or to resolve disputes.
 
6: Rights of the persons concerned by the personal data processed

In accordance with the French law "informatique et libertés" of 6 January 1978 as amended and the GDPR, the persons concerned by the personal data processed have a right of access, rectification, deletion of the data concerning them as well as a right to limit and oppose the processing and portability of their personal data. They also have the right to object to the processing of their personal data for commercial prospecting purposes by the Organiser, Talky Walky and/or its partners.
These rights can be exercised by e-mail to the following address: inscription@marathondessables.com.
In such a case, you will have to specify your first and last name, the subject of your request and provide valid proof of identity. Pursuant to Article 12.6 of the GDPR, in the case of reasonable doubts as to the identity of the natural person submitting the request, the Organiser or its service provider may request that additional information necessary to confirm the identity of the person concerned be provided.
In accordance with Article 12.3 of the GDPR, the Organiser undertakes to provide the data subject with information on the measures taken in response to a request relating to the above rights as soon as possible and in any event within one month of receiving the request.
If you do not wish to receive or no longer wish to receive our offers, solicitations, and news, you may also indicate this by clicking on the unsubscribe link at the bottom of each communication.
We inform you of the existence of the "Bloctel" list of opposition to telephone solicitation, on which you can register (https://www.bloctel.gouv.fr/).
Finally, you have the right to submit a complaint to the Commission Nationale de l'Informatique et des Libertés (more information on www.cnil.fr).
 
7: Contact 

If you have any questions or complaints or if you wish to make recommendations or comments to MARATHON DES SABLES to improve our Personal Data Protection Policy, you can send an e-mail to inscription@marathondessables.com or send a letter to the following address:

ATLANTIDE ORGANISATION Internationale

3 route de Verrières - ZA LES GREVOTTES - 10450 BREVIANDES
France
 

Article 13. Miscellaneous provisions

1. Evidence

Pursuant to the provisions of Article 1316-2 of the French Civil Code, it is expressly agreed that, unless there is a manifest error by ATLANTIDE ORGANISATION INTERNATIONALE, the data stored in the information system of ATLANTIDE ORGANISATION INTERNATIONALE and/or of its partners and/or service providers, including in the electronic messaging tools used, have evidentiary value with regard to orders placed and the performance of the parties' obligations. Data stored on computer or electronic media constitute evidence, and if produced as evidence by ATLANTIDE ORGANISATION INTERNATIONALE in any litigation or other proceedings, will be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same evidentiary value as any document prepared, received or stored in writing.

2. Intellectual Property

ATLANTIDE ORGANISATION INTERNATIONALE and/or CIMBALY INTERNATIONAL (RCS TROYES 383 152 410) are the owners of all intellectual property rights (such as, in particular, copyright, neighbouring rights, trademark rights, database producers' rights) to the structure and all content (such as, in particular, images, sound, videos, photographs, logos, trademarks, graphic elements, tools, software, documents and any other data) of the Website.

Any reproduction, representation, publication, transmission, use or modification, in whole or in part, of the Website and/or of one or more item of content, made without the written authorisation of ATLANTIDE ORGANISATION INTERNATIONALE or CIMBALY INTERNATIONAL (RCS TROYES 383 152 410) is unlawful. The perpetrator shall be held liable for such unlawful acts, which may result in legal action being taken against them, including for infringement.

The trademarks "MARATHON DES SABLES" and "MDS" and the trademarks of its partners on the Website are registered trademarks. Any reproduction of those trademarks and/or logos, in whole or in part, without the written consent of ATLANTIDE ORGANISATION INTERNATIONALE or CIMBALY INTERNATIONAL (RCS TROYES 383 152 410) is prohibited. Any unauthorised reproduction of such marks, logos and distinctive signs shall constitute an infringement and shall be liable to criminal penalties. The offender is liable to civil and criminal penalties and in particular to the penalties provided for in Articles L.335-2 and L.343-1 of the French Intellectual Property Code.

Similarly, ATLANTIDE ORGANISATION INTERNATIONALE is the producer of the Website's databases. Consequently, any extraction and/or reuse of the database(s) within the meaning of Articles L 342-1 and L 342-2 of the French Intellectual Property Code is prohibited.

The Participant acknowledges that it has read the technical characteristics of any equipment used to benefit from the services of the Website. All information, content, files, software and hardware offered by ATLANTIDE ORGANISATION INTERNATIONALE are protected by French and international laws on intellectual property and copyright. The Participant declares that they are the owner of all the contact details provided on the Website. They may not use or transmit data or information in breach of the rights of third parties, except with their explicit consent. The Participant is responsible for all content, data, documents and information of any kind offered, used and/or implemented on the Website.

The Participant guarantees that information transferred as part of updates does not infringe the rights of third parties. They also hold ATLANTIDE ORGANISATION INTERNATIONALE harmless from any complaint and claim of any kind, in particular, claims for damages, that a third party may issue in respect of the fraudulent use of any personal data. The Participant is therefore liable for any consequences, including financial consequences, resulting from the fraudulent use of data of any kind transferred to the Website and in particular will compensate ATLANTIDE ORGANISATION INTERNATIONALE for any payment orders and possible defence costs resulting from such legal claims by third parties.

3. Sponsorship

Participants may use individual sponsorships subject to compliance with the wearing of the identification marks reserved by ATLANTIDE ORGANISATION INTERNATIONALE. Individual sponsorships may appear on available areas such as T-shirts (excluding chest areas which are exclusively reserved for bibs), shorts, socks, caps, or backpacks (excluding back areas, which are exclusively reserved for bibs).

ATLANTIDE ORGANISATION INTERNATIONALE reserves the right to prohibit individual sponsorship, particularly when it deems it disproportionate, unethical or in direct competition with ATLANTIDE ORGANISATION INTERNATIONALE's advertising partners, or for other reasons of which it will inform the Participant.

4. Image rights

1: Images of the participants

ATLANTIDE ORGANISATION INTERNATIONALE (the course, as well as its surroundings, the start and finish lines, the checkpoints, the bivouacs) may be filmed by the Organiser and/or any third-party official supplier of the Organiser.

Each participant expressly authorises the Organiser, its successors or assigns (in particular its commercial partners) to fix, reproduce on any support and by any means, without remuneration or compensation of any kind, his/her image, associated, if necessary, with his/her name, first name, voice, and more generally his or her sporting performance in the MARATHON DES SABLES event (hereinafter referred to as his or her "Image"), for a period of ten (10) years from the date of the event, for the purposes of communication to the public, in any form (in particular, without this list being restrictive, in the form of photographs, videos, drawings), on any existing or future support (in particular, without this list being restrictive, on posters, flyers, web banners), on any existing or future communication channel (in particular, without this list being restrictive, on the official website of the MARATHON DES SABLES, the official pages of the MARATHON DES SABLES on Twitter, Facebook, Instagram, YouTube, LinkedIn as well as on the Organiser's website), in any format, in the whole world, for any use including for informative, promotional and/or commercial purposes.
In this regard, the Participant expressly authorises the Organiser to grant the same rights on his Image to the partners of the event. To this end, each Participant expressly and irrevocably authorises the Organiser, its successors in title and assigns (in particular its commercial partners), in order to meet the requirements of advertising, promotional and/or commercial and/or information campaigns, to i) to make any modification, addition or deletion that they deem useful for the exploitation of his/her Image under the conditions defined above, ii) to associate and/or combine with his/her Image, all signatures, catchphrases, slogans, captions, trademarks, distinctive signs, legal notices, visuals and, in general, any element of any kind chosen by the Organiser, intended in particular to illustrate the communication media in which they are integrated.

The participant guarantees that he/she is not bound to any third party by any exclusive contract concerning the use of his/her Image. The participant is informed and accepts without reservation that his/her participation in the MARATHON DES SABLES implies the capture of his/her Image by the Organiser's official service providers.
With regard to the MARATHON DES SABLES website, the participant accepts that he/she may be identified by any internet user providing his/her surname, first name and/or race number, associated with an additional filter (date of birth or postcode or any other specific data).
The participant wishing to object to such publication for a legitimate reason must communicate this decision to the Organiser at inscription@marathondessables.com, at the latest thirty (30) days before the event so that the appropriate measures can be taken.
 
2: Images of the event
Any photographic, video or film material produced during the event may only be used by participants, accompanying persons or management for private purposes, unless specifically authorised or accredited by the Organiser. Consequently, any book, short, medium, or long film project must have the prior consent of the Organiser. Requests to this effect should be sent by e-mail to: inscription@marathondessables.com.

Article 14. Application of the General Terms and Conditions of Sale

ATLANTIDE ORGANISATION INTERNATIONALE reserves the right to amend its General Terms and Conditions of Sale at any time.

In the event of amendment, the General Terms and Conditions of Sale applicable shall be those in force on the date of purchase of the Entry Package, a copy of which, dated on this date, may be given to the Participant on request.

The invalidity of a contractual clause shall not result in the invalidity of the General Terms and Conditions of Sale unless it is an impulsive and decisive clause that has led one of the parties to conclude the Contract of Sale.

If ATLANTIDE ORGANISATION INTERNATIONALE fails to avail itself of any of these General Terms and Conditions of Sale, it shall not be construed as a waiver to avail itself of these terms and conditions in the future.

The temporary or permanent failure to enforce one or more clauses of the General Terms and Conditions of Sale by ATLANTIDE ORGANISATION INTERNATIONALE shall also not constitute its waiver of the other clauses of the General Terms and Conditions of Sale, which shall continue to be fully effective.

Article 15. Governing Law - Dispute

1. Governing Law

By express agreement between the parties, these General Terms and Conditions of Sale and the operations resulting therefrom are governed by and subject to French law. These Terms and Conditions of Sale are written in French. In a case involving translation into one or more foreign languages, only the French text would prevail in the event of a dispute.

2. Dispute resolution

In the event of a dispute, the Participant must first contact the customer service department of ATLANTIDE ORGANISATION INTERNATIONALE on + 33 (0)3 25 76 57 77 (non-premium number from a landline in mainland France), Monday to Friday except public holidays or non-working days, from 09:00 to 12:00 and from 14:00 to 17:00 (closed on Friday afternoons) or by email to inscription@marathondessables.com or by post to 3 route de Verrières - ZA LES GREVOTTES - 10450 BREVIANDES - France.

The Participant is informed that they may, in any event, resort to conventional mediation, in particular with the Commission de la médiation de la consommation or with the Médiation du Tourisme et du Voyage (MTV) or to any alternative means of dispute resolution (e.g. conciliation) in the event of a dispute.

The Participant is also informed of the possibility of using the European online dispute resolution platform:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

All disputes to which purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and repercussions and which cannot be resolved privately between ATLANTIDE ORGANISATION INTERNATIONALE and the Participant shall fall within the jurisdiction of the French Courts.

Article 16. Pre-contractual information – Customer acceptance

The Participant acknowledges that they have been informed, prior to placing their order and entering into the Contract, in a clear and comprehensible manner, of these General Terms and Conditions of Sale and of all relevant information, and of the following information in particular:

• The main characteristics of the Entry Package sold;
• The prices of the Entry Package and associated costs;
• All information concerning the identity of the organiser and its postal, electronic and telephone contact details;
• The liability of the organiser;
• Possible recourse to conventional mediation in case of dispute;
• Information relating to the right of withdrawal, cancellation procedures and any other important contractual conditions;
• The accepted methods of payment.