The race

General Terms and Conditions of Sale MARATHON DES SABLES Package 2023

Article 1. Definitions

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 specialising 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
BP 20098 - 10002 TROYES
Cedex - France

Tel.: + 33 (0)3 25 76 57 77
Fax: + 33 (0)3 25 76 87 75

E-mail : news@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 organises 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 penalised.

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, 1 check-in card, 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 organisation.

During the Race, any external assistance is strictly prohibited.

A medical team, selected by ATLANTIDE ORGANISATION INTERNATIONALE and specialising 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 authorised 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 - BP 20098 -10002 TROYES Cedex - 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 The QUARTZ Event Program, 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 programme is managed by an Experts Commission that gives an advisory opinion to the Race management on the medical condition of Participants. This Experts Commission 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.

Each Participant undertakes to report the following information to the Experts Commission:

  • Any medical history and/or pathology, especially those that may increase risk during competition
  • The use of regular treatments or medications or dietary supplements at least over the 30 days before the start of the Race
  • Any request for or use of a medicinal product subject to a Therapeutic Use Exemption (TUE)

The declaration of medical information to the Experts is done through the QUARTZ free health space for which each participant has access from the website: https://quartzprogram.org.

Any medical information provided is only available to the Experts Commission, the QUARTZ Programme team members 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 QUARTZ Event Program 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 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 three hundred and ninety (3,390) euros (French Resident Rate with return air fare from Paris included) or three thousand one hundred and ninety (3,190) 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 three thousand four hundred and ninety (3,490) euros per person (French Resident Rate with return air fare from Paris included) or three thousand two hundred and ninety (3,290) 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).
  • by cheque (for residents in France only)

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:

UP TO 15 APRIL 2022:

  • Payment of a deposit of at least €500 of the registration amount by credit card or bank transfer, cheques only accepted for Participants residing in France
  • General Information about the Participant to be completed online
  • The Participant's online administrative file must be complete by 15 January 2023. Failure to receive this information will result in penalties

IF ANY SPACES ARE STILL AVAILABLE UP TO 31 AUGUST 2022:

  • Payment of a deposit of at least €1,100 of the registration amount by credit card or bank transfer, cheques only accepted for Participants residing in France
  • General Information about the Participant to be completed online
  • The Participant's online administrative file must be complete by 15 January 2023. Failure to receive this information will result in penalties

IF ANY SPACES ARE STILL AVAILABLE UP TO 31 OCTOBER 2022:

  • Payment of a deposit of at least €1,800 of the registration amount by credit card or bank transfer, cheques only accepted for Participants residing in France
  • General Information about the Participant to be completed online
  • The Participant's online administrative file must be complete by 15 January 2023. Failure to receive this information will result in penalties

IF ANY SPACES ARE STILL AVAILABLE UP TO 31 DECEMBER 2022:

  • Payment of a deposit of at least €2,600 of the registration amount by credit card or bank transfer, cheques only accepted for Participants residing in France
  • The balance must be paid by 15 January 2023.
  • General information about the Participant and online administrative file completed. Failure to receive this information will result in penalties

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 places is reached, ATLANTIDE ORGANISATION INTERNATIONALE will set up a waiting list.

Any Participant on the waiting list has two options:

1. If a place becomes available for the Race for which the Participant has registered, their participation will be confirmed, subject to compliance with the conditions of final registration

2. If no place becomes available for the current Race, registration will be deferred and the Participant will be given priority for the next Race in accordance with the terms and conditions of the next Race. The Participant will then be informed and will be able to confirm their wish to be added to the waiting list. If the Participant does not wish to participate in the next Race, the Participant may cancel their registration within a maximum of 3 months after being added to the waiting list. In this case ATLANTIDE ORGANISATION INTERNATIONALE will retain 10% of the total price of the Entry Package.

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.

No further payment will be claimed while the Participant is on the waiting list.

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 2023 Race are as follows:

  • 500 euros will be withheld in case of withdrawal up to 30 April 2022.
  • 25% of the total price of the Entry Package will be retained in the event of withdrawal between 01 May 2022 and 30 September 2022.
  • 40% of the total price of the Entry Package will be retained in the event of withdrawal between 01 October 2022 and 30 November 2022.
  • 60% of the total price of the Entry Package will be retained in the event of withdrawal between 01 December 2022 and 15 January 2023.

No request for a refund will be accepted after midnight on 15 January 2023.

It is specified that the Participant does not have the right to withdraw.

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

ASSISTANCE GUATANTEESCEILING

Repatriation or sanitary transport (A) 

(A) Actual costs 

Search and rescue costs (B)
(In the event of justified unavailability of the MDS Organizer’s rescue resources, support of additional emergency resources put in place by the latter)

(B) €5,000 including tax

Medical expenses incurred during the MDS (C)

  • Dental care (C1)

(C) €15 000 including tax per person

(C1) €230 including tax per person

Dispatch of prostheses (D)

(D) Shipping costs 

Visit from a loved one (E) 

(E) Round trip ticket *+
Hotel costs for €35 incl. VAT per night / Max 10 nights

Repatriation of body: 

  • Repatriation of the body (F1)
  • Funeral costs necessary for transport(F2) 

 

(F1) Actual costs 
(F2) Actual costs 

Death formalities (G)

(G) Round trip ticket *
 

* by 1st class train or economy class airliner

Pursuant to Law No 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities, ATLANTIDE ORGANISATION INTERNATIONALE advises Participants to take out individual accident and death insurance.

Cancellation insurance can be purchased from our partner ASSURINCO. The time frame for taking out insurance is 14 days from confirmation of the purchase of the Entry Package (sent by email as soon as payment of the 1st deposit is confirmed).

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

As part of the services offered and implemented by ATLANTIDE ORGANISATION INTERNATIONALE for the benefit of Participants, ATLANTIDE ORGANISATION INTERNATIONALE is required to collect and process personal data relating to Participants.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, otherwise known as the General Data Protection Regulation (hereafter GDPR), the purpose of this section on the processing of Personal Data is to inform Participants about the purposes and legal bases of the processing of Personal Data implemented by ATLANTIDE ORGANISATION INTERNATIONALE in its capacity as data controller, to identify the recipients of the personal data concerned, and to specify the retention periods thereof.

This section on Personal Data is also intended to inform Participants of the rights they have with regard to their personal data, as well as to explain the means of exercising them.

1. Purposes and legal bases

The personal and nominative information of Participants, collected by ATLANTIDE ORGANISATION INTERNATIONALE, is the subject of computerised processing, the purposes of which are contractual management, the execution of the guarantee, the commercial relationship, the exercise of remedies and the management of complaints and disputes, the exercise of the duty to inform and provide advice taking into account the needs expressed by the Participant and compliance with obligations on anti-money laundering and counter terrorist financing.

In accordance with Article 6 of the GDPR, these processing operations are therefore, where applicable, necessary for the performance of the Contract between ATLANTIDE ORGANISATION INTERNATIONALE and Participants, necessary for compliance with the legal obligations to which ATLANTIDE ORGANISATION INTERNATIONALE is subject, and necessary for the legitimate interests of ATLANTIDE ORGANISATION INTERNATIONALE.

2. Addressees

Personal Data is intended for ATLANTIDE ORGANISATION INTERNATIONALE as the data controller, for the management representative and/or the reinsurer where applicable, as well as for the authorised judicial and public authorities, and more generally for the partners and contact persons of ATLANTIDE ORGANISATION INTERNATIONALE who need to know the data concerned for the purposes of implementing the Contract signed between the Participant and ATLANTIDE ORGANISATION INTERNATIONALE.

Managed information is not sold or provided to third parties for commercial purposes.

3. Retention period

Personal Data relating to Participants are kept for the duration of the processing purposes and then archived in accordance with the Regulations in force.

4. Rights of the Participant

Pursuant to Law No 78-17 of 6 January 1978 known as the "French Data Protection Act" and European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data known as the "GDPR", Participants have a right to access and correct their information for which ATLANTIDE ORGANISATION INTERNATIONALE is the data controller, as well as a right to oppose, restrict and remove their personal data, within the limits and in accordance with the conditions defined by the French Data Protection Act and the GDPR. In cases defined by the French Data Protection Act and the GDPR, Participants also have a right to the portability of their personal data.

5. Exercise of rights

To exercise these rights or for any questions about the processing of their data, Participants may contact ATLANTIDE ORGANISATION INTERNATIONALE directly via the contact details at the start of this document. Participants may also complain to the French Data Protection Authority ( www.cnil.fr/3 place de Fontenoy - TSA 80715 – 75334 Paris Cedex 07).

Participants are reminded of their right to register on the list of opposition to telephone solicitation, on the following website: http://www.bloctel.gouv.fr/.

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 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 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 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

ATLANTIDE ORGANISATION INTERNATIONALE reserves all exclusive rights to use the images from any Races it organises. Participants hereby consent to ATLANTIDE ORGANISATION INTERNATIONALE having the exclusive right to their individual or collective identities and images in respect of all matters relating directly or indirectly to their participation in MARATHON DES SABLES, including commercial use.

Any photographic, video or cinema material produced during the event may only be used by the Participants, attendants or supervisors for private purposes, unless specifically authorised or accredited by ATLANTIDE ORGANISATION INTERNATIONALE. Consequently, any book, short, medium or feature film project must receive prior approval from ATLANTIDE ORGANISATION INTERNATIONALE. For this purpose, ATLANTIDE ORGANISATION INTERNATIONALE can be contacted at the following email address: news@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.

  1. 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 news@marathondessables.com or by post to PO Box 20098 - 10002 TROYES Cedex - 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.

 

Extract from the Tourism Code

 Article L.211-16 of the Tourism Code:

“I.-The trader who sells a tourist package mentioned in point 1 of I of Article L. 211-1 is automatically liable for the performance of the services provided for by this contract, whether those services are performed by the trader or by other travel service providers, without prejudice to its right to take action against the latter.

The trader who sells a travel service referred to in point 2 of I of Article L. 211-1 is automatically liable for the performance of the service provided for in this contract, without prejudice to its right to take action against the service provider.

However, the trader may be relieved from all or part of its liability if it can provide proof that the damage is attributable either to the traveller or to a third party not involved in the provision of the travel services included in the contract, or to exceptional and unavoidable circumstances.

Where an organiser or retailer pays damages, grants a price reduction or fulfils other obligations incumbent upon it, it may seek compensation from any third party who contributed to the event giving rise to the compensation, the price reduction or other obligations.

II.-The traveller shall inform the organiser or the retailer, as soon as possible, having regard to the circumstances of the case, of any non-compliance found during the performance of a travel service included in the contract.

The traveller may send messages, requests or complaints in connection with the performance of the contract directly to the retailer through which the trip or stay was purchased. The retailer shall forward these messages, requests or complaints to the organiser as soon as possible. For the purposes of complying with deadlines or limitation periods, the date of receipt by the retailer of messages, requests or complaints shall be deemed to be the date of their receipt by the organiser.

III.- If one of the travel services is not performed in accordance with the contract, the organiser or retailer shall remedy the non-compliance, unless this is impossible or results in disproportionate costs, taking into account the extent of the non-compliance and the value of the travel services concerned.

If the organiser or retailer does not remedy the non-compliance, in accordance with the previous paragraph, the traveller may request a price reduction and, in the event of separate damage, damages pursuant to Article L. 211-17.

IV.- Without prejudice to the exceptions set out in III, if the organiser or retailer does not remedy the non-compliance within a reasonable period set by the traveller, the traveller may remedy the non-compliance himself and claim reimbursement of the necessary expenses. It is not necessary for the traveller to specify a period if the organiser or retailer refuses to remedy the non-compliance or if an immediate solution is required.

V.- When a significant part of the travel services cannot be provided as set out in the contract, the organiser or retailer shall offer, at no additional cost to the traveller, other appropriate services, if possible of equal or higher quality than those specified in the contract, to allow the contract to continue, including when the return of the traveller to his place of departure is not provided as agreed.

Where the other services offered result in a trip or stay of a lower quality than that specified in the contract, the organiser or retailer shall grant the traveller an appropriate price reduction.

The traveller may only refuse the other services offered if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.

VI.- When a non-compliance considerably disrupts the execution of a trip or stay and the organiser or the retailer does not remedy it within a reasonable period set by the traveller, the latter may terminate the contract without paying a termination fee and request, if necessary, in accordance with Article L. 211-17, a price reduction and damages, in the event of a separate damage.

If no other services can be offered or if the traveller refuses the other services offered in accordance with the third paragraph of V, the traveller is entitled, where applicable, to a price reduction and, in the event of separate damage, to damages in accordance with Article L. 211-17, without termination of the contract.

If the contract includes passenger transport, the organiser or retailer shall also provide the traveller, in the cases referred to in the two preceding subparagraphs, with repatriation services via an equivalent means of transport, as soon as possible having regard to the circumstances of the case and at no additional cost to the traveller.

VII.- When it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the traveller as provided for in the contract, the organiser or the retailer shall bear the costs of the necessary accommodation, if possible of equivalent category, for a maximum period of three nights per traveller. If longer periods are provided for in EU legislation on passenger rights applicable to the means of transport concerned for the return of the passenger, those periods shall apply.

VIII.- The cost limitation provided for in the preceding subparagraph shall not apply to persons with reduced mobility as defined in Article 2 (a) of Regulation (EC) No1107/2006, to persons accompanying them, to pregnant women and unaccompanied minors, or to persons requiring specific medical assistance, provided that the organiser or retailer has been informed of their special needs at least 48 hours before the start of the contract. The organiser or retailer shall not rely on exceptional and unavoidable circumstances to limit liability under this Article if the transport provider concerned cannot rely on such circumstances under applicable European Union law.”

Article R.211-3 of the Tourism Code:

"Any offer and any sale of the services referred to in Article L. 211-1 shall give rise to the submission of appropriate documents that meet the rules defined by this section.”

Article R.211-3-1 of the Tourism Code:

“The exchange of pre-contractual information or the provision of contractual conditions shall be done in writing. They may be communicated electronically. The name or business name and address of the organiser or retailer and the indication of its registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union referred to in the second paragraph of Article R. 211-2 shall be mentioned.”

Article R.211-4 of the Tourism Code:

"Prior to the conclusion of the contract, the organiser or retailer must communicate to the traveller the following information:

1. The main characteristics of travel services:

(a) The travel destination(s), itinerary and periods of stay, including dates and, where accommodation is included, number of nights included;

(b) The means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and place of intermediate stops and transport connections. When the exact time is not yet set, the organiser or the retailer shall inform the traveller of the approximate time of departure and return;

(c) The location, main characteristics and, where applicable, the tourist category of the accommodation under the rules of the country of destination;

(d) The meals provided;

(e) The visits, excursions or other services included in the total price agreed for the contract;

(f) Where it is not apparent from the context, whether any travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;

(g) Where the benefit of other tourist services provided to the traveller relies on effective verbal communication, the language in which these services are provided;

(h) Information on whether the trip or holiday stay is generally suitable for persons with reduced mobility and, at the request of the traveller, specific information on the suitability of the trip or holiday stay to the needs of the traveller;

2. The legal name and geographical address of the organiser and the retailer, as well as their telephone number and, where applicable, electronic contact details;

3. The total price including taxes and, where applicable, all additional fees, charges or other costs, or, where these cannot reasonably be calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;

4. The terms of payment, including the amount or percentage of the price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees to be paid or provided by the traveller;

5. The minimum number of persons required for the trip or stay to take place and the deadline mentioned in section III of Article L. 211-14 before the start of the trip or stay for a possible termination of the contract if that number is not reached;

6. General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities of the country of destination;

7. Information that the traveller may terminate the contract at any time before the start of the trip or stay, subject to the payment of an appropriate termination fee or, where applicable, standard termination costs claimed by the organiser or the retailer, in accordance with I of Article L. 211-14;

8. Information on compulsory or optional insurance to cover the costs of termination of the contract by the traveller or information on the cost of assistance, providing cover for repatriation, in the event of accident, illness or death.

With regard to the packages defined in paragraph (e) point 2° of A of II of Article L. 211-2, the organiser or the retailer and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information listed in this Article insofar as it is relevant for the travel services they offer.

The form by which the information listed in this article is made known to the traveller is set out by joint order of the Minister of Tourism and the Minister of Economy and Finance. Said order sets out the minimum information to be provided to the traveller when the contract is concluded by telephone.”

Article R.211-5 of the Tourism Code:

“The information referred to in points 1, 3, 4, 5 and 7 of Article R. 211-4 communicated to the traveller forms part of the contract and may only be modified under the conditions defined in Article L. 211-9.”

Article R.211-6 of the Tourism Code:

"The contract must contain, in addition to the information defined in Article R. 211-4, the following information:

1. The specific requirements of the traveller that the organiser or retailer has accepted;

2. Information that the organiser as well as the retailer are responsible for the proper performance of all the travel services included in the contract in accordance with Article L. 211-16 and that they are required to provide assistance to the traveller if the traveller is in difficulty, in accordance with Article L. 211-17-1;

3. The name of the entity in charge of protection against insolvency and its contact details, including its geographical address;

4. The name, address, telephone number, email address and, if applicable, fax number of the local representative of the organiser or retailer, a contact point or other service through which the traveller can quickly contact and communicate with the organiser or retailer effectively, request assistance if the traveller is in difficulty or complain about any non-compliance found during the execution of the trip or stay;

5. Information that the traveller is required to communicate any non-compliance that he finds during the execution of the trip or stay in accordance with II of Article L. 211-16;

6. When minors, unaccompanied by a parent or other authorised person, travel on the basis of a contract including accommodation, information enabling direct contact to be established with the minor or the person responsible for the minor at the place of stay of the minor;

7. Information on available internal complaint-handling procedures and alternative dispute resolution mechanisms and, where appropriate, on the entity to which the trader belongs and on the online dispute resolution platform provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council;

8. Information on the right of the traveller to assign the contract to another traveller in accordance with Article L. 211-11.

With regard to the packages defined in Article L. 211-2 (2) (A) (2), the trader to whom the data is transmitted shall inform the organiser or the retailer of the conclusion of the contract leading to the creation of a package. The trader shall provide it with the information necessary to enable it to fulfil its obligations as organiser. As soon as the organiser or the retailer is informed of the creation of a package, it shall provide the traveller, on a durable medium, with the information referred to in points 1 to 8.”

Article R.211-7 of the Tourism Code:

“The traveller may assign his contract to an assignee who fulfils the same conditions as he does for the purpose of making the journey or stay, as long as the contract has not started.

In the absence of more favourable stipulations to the assignor, the latter is required to inform the organiser or retailer of its decision by any means providing acknowledgement of receipt seven days before the start of the trip. This assignment is not subject, under any circumstances, to prior authorisation by the organiser or the retailer.”

Article R.211-8 of the Tourism Code:

“When the contract expressly provides for price revision, within the limits provided for in Article L. 211-12, it mentions the precise methods of calculating, both upwards and downwards, price variations, in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or stay, the share of the price to which the variation applies, as well as the exchange rate of the currency or currencies used as reference when the price was set in the contract.

In the event of a reduction in the price, the organiser or retailer shall be entitled to deduct its actual administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organiser or retailer shall provide proof of these administrative expenses.”

Article R.211-9 of the Tourism Code:

“When, before the departure of the traveller, the organiser or retailer is obliged to make a modification to one of the essential elements of the contract, if it cannot meet the special requirements referred to in point 1 of Article R. 211-6, or in the event of a price increase greater than 8%, it shall inform the traveller as soon as possible, in a clear, understandable and apparent manner, on a durable medium:

1. Of the proposed modifications and, if applicable, of their impact on the price of the trip or stay;

2. Of the reasonable period within which the traveller must inform the organiser or retailer of his decision;

3. Of the consequences of the passenger's failure to respond within the set period;

4. If applicable, of the other service offered, as well as its price.

Where the changes to the contract or the substitute service result in a decrease in the quality or in the cost of the trip or stay, the traveller shall be entitled to an adequate price reduction.

If the contract is terminated and the traveller does not accept any other service, the organiser or retailer shall reimburse all payments made by or on behalf of the traveller as soon as possible and in any event no later than fourteen days after the termination of the contract, without prejudice to compensation in accordance with Article L. 211-17.”

Article R.211-10 of the Tourism Code:

“The organiser or retailer shall make the refunds required under II and III of Article L. 211-14 or, under I of Article L. 211-14, shall refund all payments made by or on behalf of the traveller less the relevant termination fee. Such refunds to the traveller shall be made as soon as possible and in any event no later than 14 days after the termination of the contract.

In the case provided for in paragraph III of Article L. 211-14, the additional compensation that the traveller is likely to receive shall be at least equal to the penalty that he would have paid if he had cancelled at that date.”

Article R.211-11 of the Tourism Code:

"The assistance owed by the organiser or the retailer pursuant to Article L. 211-17-1 consists in particular of:

1. Providing useful information on health services, local authorities and consular assistance;

2. Assisting the traveller in making long-distance communications and finding other travel services.

The organiser or retailer shall be entitled to charge a reasonable price for such assistance if such difficulty is caused intentionally by the traveller or through the traveller’s negligence. The price charged shall not in any event exceed the actual costs borne by the organiser or retailer.”

A Big Thank you

To our suppliers, partners, supporters, volunteers

MOROCCAN NATIONAL TOURIST OFFICE
OCP
THÉ BELLAR
SOFAC
Sidi Ali
MUTUAIDE
BODYCROSS
SPOT
TV5MONDE
TERRES D'AVENTURE
Royal Air Maroc
TGCC