General regulations, race regulations and privacy policy

General terms individual participants 2019

Article 1: Definitions 
1.1. For the purpose of these General Terms & Conditions the following definitions are used:
a. Event: KLM Aruba Marathon event organised by the Stichting Run in the Sun in any year.
b. Participant: a natural person who has registered for participation in an Event in a manner permitted by the Organiser.
c. Agreement: the agreement relating to participation of the Participant in the Event.
d. Organiser: the legal entity (in this matter the Stichting Run in the Sun) with which a Participant has entered into an Agreement.
1.2. These General Terms & Conditions apply to all Agreements.

Article 2: Participation 
2.1. A participant must have reached the minimum age specified by the Organiser for a specific Event on the day of the Event in question (for the Marathon this is 18 years, for the Half Marathon -and Trail 16 years, for the 10 K run 14 years, 10K walk -and 5K run or walk no age limit).
2.2. A Participant can only participate in the Event if he has completed an appropriate registration fully and truthfully, if the entry fee has been paid in full and if the Participant has agreed to the General Terms & Conditions
2.3. Runners participating in the marathon, the half marathon, trail, 10k or the 5k race are not permitted to resell or transfer their Bib to another runner.
2.4. If the Participant is unable to participate in the Event, the entry fee and additional orders that has been paid will not be refunded.
2.5. For reasons of force majeure or exceptional circumstances (including national mourning in Aruba or the Netherlands) the Organiser can decide to cancel the Event at short notice. If the Event is cancelled because of force majeure and exceptional circumstances (including national mourning in Aruba or the Netherlands) no new date will be set; the next Event will take place a year later. In this case no entry fees and additional orders will be refunded to the Participant.
2.6. The Organiser is not liable for any costs incurred by the Participant if the Event has to be cancelled because of force majeure or exceptional circumstances (including national mourning in Aruba or the Netherlands)

Article 3: Liability
3.1. Participation is at the Participant's own risk. The Organiser is not liable for any damages, by whatever name, suffered by a Participant as a result of the participation, unless the damage is a direct consequence of deliberate intent or gross negligence on the part of the Organiser. This exclusion of liability also applies to serious damages such as all possible damages resulting from injury or death.
3.2. If, despite the stipulations in the first paragraph of this Article, the Organiser's liability for damages suffered by a Participant must be accepted the Organiser's obligation to reimburse the damages in question remains limited to the amount the Organiser's insurance company will pay in respect of the claim.
3.3. The Participant must have adequate insurance cover against any damages he or a surviving family member may suffer as a result of his death, injury or illness, caused by his participation in the Event.
3.4. The Participant declares that he is aware of the fact that participation requires good physical and mental health and declares that he meets this requirement and that he has adequately prepared for the Event through training and other means. The Organiser expressly and urgently advises the Participant to undergo a medical examination in relation to participating in the Event.
3.5. The Participant indemnifies the Organiser against liability for damages suffered by third parties as a result of an act or omission relating to the Event that is attributable to a Participant. The Participant must have sufficient insurance to cover the risk of liability for such damages.
3.6. The Participant indemnifies the Organiser against liability for damages the Participant could suffer as a result of his participation in the Event, unless such damage is a direct result of deliberate intent or gross negligence attributable to the Organiser.

Article 4: Portrait rights
The Participant grants the Organiser the right to publish pictures and image material etc., recorded during or around the time of the Event, in which the Participant is visible.

Article 5: Personal data
The Organiser will save personal data provided by the Participant in a database. By participating in an Event, a Participant grants the Organiser permission to use the personal data to send information to the Participant and (provided the Participant has given permission for this on the registration form) to provide personal data to third parties for the purpose of sending information to the Participant. By entering into the Agreement, the Participant grants the Organiser permission to publish his name and competition results, for instance by means of publication in newspapers and via the Internet.

Article 6: Regulations
The KLM Aruba Marathon regulations, which form part of these General Terms & Conditions, apply to the Participant's participation in the Event.

2.Regulations individual participants 2018

Article 1
The KLM Aruba Marathon is organized by Stichting Run in the Sun.

Article 2
The organisation of the KLM Aruba Marathon is under the auspices of the Athletics Association.

Article 3
The competition regulations of the Athletics Association apply to both the competition and the recreational run, except insofar as they are deviated from in these General Terms & Conditions. The competition regulations of the International Association of Athletics Federations (IAAF) apply, except insofar as they are deviated from in the competition regulations of the Athletics Association or in these General Terms & Conditions.

Article 4
The Participant must run along the track set out by the Organiser in a manner that is usual for track and field events. He must be recognisable as a Participant.

Article 5
The Road Traffic Act and the legislation based on this Act, such as the Road Traffic and Traffic Signals Regulations, remain in full force on the entire track throughout the Event.

Article 6
The Participants must comply with instructions from the Organiser, and/or persons who, based on their clothing or other physical characteristics, appear to belong to the organisation of the Organiser.

Article 7
The Organiser is entitled to disqualify a Participant and/or take a Participant out of the competition if he does not comply with these competition regulations or displays unsporting or improper behaviour or if it is deemed necessary on medical grounds or for an orderly progression of the Event. The Organiser will collect the starting numbers from Participants who have been disqualified or have otherwise dropped out of the race.

Article 8
Bringing along objects like prams/strollers, banners etc. and pets is not permitted.

Article 9
It is expected of the Participants that they will not damage the property of others and not leave any rubbish behind.

Article 10
Displaying or expressing explicit political, philosophical or religious views or making statements that may be considered offensive, hurtful or insulting, in any way, during the Event is prohibited.

Article 11
The actual allocation of a starting area to a Participant is made by the Organiser. The Participant must be present in the allocated starting area no less than ten minutes before the start.

Article 12
The Participant will receive a Bib number from the Organiser which will show his allocated participation number. The Participant must attach the Bib number to his chest. The Bib number must be attached and worn in such a way that the participation number and other information are easy to see. The Bib number cannot be trimmed or folded. The Participant is prohibited from wearing other Bib numbers than the one he has received from the Organiser. Failure to comply may result in disqualification.

Article 13
The Participant is obliged to list his medical passport and other details on the backside of the Bib number.

Article 14
Every Participant must run with the MYLAPS ThinTag time registration chip provided by the organisation. The gross final times will be rounded up to whole seconds. In case of running records and related prices, the organization also makes use of printed times and hand clocked times. The passage of the finish by the athlete determines the outcome of the match

Article 15
Every Participant in the Marathon (42,2 km) who finishes within the required time has a chance of winning an honorary prize. A Participant is not entitled to a prize if he has acted in a way that contravenes the competition regulations. An awarded prize must be returned to the Organiser after it has been presented if it becomes apparent that the Participant has acted in a way that contravenes the competition regulations.

Article 16
The Organiser will determine the result and is entitled to change the result if any inaccuracies have been noted. A Participant must return any prizes to the Organiser if a change to the result means that the Participant is no longer entitled to the prize.

Article 17
Once the final starting group has left it is not possible for latecomers to start.

Article 18
Participant must be able to complete the Full Marathon in 7,5 hours and the Half Marathon in 4.5 hours. Slower runners and walkers who are not able to keep the respective pace will be subject to street re-openings and will need to proceed using sidewalks and road breakdown lanes. Participants will still receive a finisher’s medal and official finisher's certificate. The 10K and 5K participant can finish until 10.00 am

Article 19
The Organiser does not accept responsibility for lost items of clothing or other belongings of Participants. The same applies to items that have been left behind in the changing facilities made available by the Organiser.

Article 20
It is not permitted for a person to be accompanied on the track, irrespective for which purpose and by which person, unless written permission has been obtained from the Organiser.

Article 21
The participants in the publicity caravan should have a full insurance policy.

Article 22
The organization takes no responsibility in case of illness or accident suffered by participants or people in the guidance and publicity caravan.

Article 23
In all cases for which these regulations do not provide the Organiser will make the final decision.

3. General Terms Business Run 2019

Article 1:
1.1. In these terms and conditions shall apply:
A. Event: a Stichting Run in the Sun in any year to organize running event KLM Aruba Marathon.
b. Member Company: a company or institution or a team (or more teams) in a manner permitted by the organizer registered to participate in the Event.
c. Team: a group of up to ten participants.
d. Participant: a natural person by a Participating Company on by the Organizer manner permitted registered for participation in an Event as a member of a team.
e. Agreement means the agreement between a Participating Company and the Promoter relating to participation of Participants in the Event.
f. Organizer: the legal entity (in this Stichting Run in the Sun) that a Participating Company has entered into an Agreement.
1.2. These general conditions apply to any agreement.

Article 2: Participating Companies; Teams
2.1. Participating companies can be:
A. Legal persons who for more than six months immediately preceding the race have been continuously registered in the Commercial Register of the Chamber of Commerce and Industry;
b. businesses, not being a legal person, for more than six months immediately preceding the race have been continuously registered in the Commercial Register of the Chamber of Commerce and Industry;
c. public persons referred to in Article 2: 1 of the Aruba Civil Code.
2.2. The Promoter may decide in individual cases, companies or institutions, which do not meet the aforementioned requirements and other serious demands (including arrears) meeting, refusing to admit to participation.
2.3. Each Member Company participates with one or more teams of up to 10 participants per team.

Article 3: Entrants
3.1. On day of the Event a participant must have reached at least the minimum age set by the Organiser for the Event (for the Marathon this is 18 years, for the Half Marathon 16 years, for the 10 K run 14 years, 10K walk -and 5K run or walk no age limit).
3.2. A Participant may only participate in an Event if he is signed by an appropriate registration form which is filled in completely and truthfully by a Member Company for participation, if the entry fee is paid in full and if the Member Company has agreed to the terms and conditions.
3.3. Participation in an Event shall be made by the Participant only in the team for which he is registered.
3.4. Only with written cancellation 2 months before the Event a refund of registration fees and additional orders under the Convention to take place Member Company.
3.5. The Promoter may, under force majeure or exceptional circumstances (including national mourning in Aruba or the Netherlands) prematurely before the moment of the first start Event decide to not proceed.

Article: 4 Liability
4.1. Participation is at your own risk. The Promoter is not liable for any damages whatsoever, which the Participant of the Member Company may suffer as a result of participation, unless this damage is the direct result of the Organizer attributable to intent or gross negligence. This exclusion of liability also applies to serious harm such as all possible types of damage resulting from injury or death.
4.2. If, despite the provisions of the first paragraph of this article the Organizer's liability for damage caused by the Participant of the Member Company to be adopted, the obligation of the organizer to pay compensation may not exceed the amount to be the insurer of the organizer pays in respect of that damage.
4.3. The Participant must be adequately insured against the risk of damage he or kin may suffer as a result of death, injury or illness caused by his participation in the Event.
4.4. The Member Company declares the registration each participant has declared familiar with the fact that participation requires good health, both mental and physical, and has declared that it complies with this requirement and that he has adequately prepared and otherwise at the Event. The Member Company declares the registration that he has advised each Participant explicitly and urgently to be examined in connection with participation sports medicine.
4.5. The Member Company shall indemnify the Organiser against liability for damage suffered by third parties as a result of an attributable to a participant acts or omissions relating to the Event. The Participating Company of the Participant must be adequately insured against the risk of liability for such damage.
4.6. The Member Company shall indemnify the Promoter liability for damages the Participant could suffer as a result of his participation in the Event, unless this damage is the direct result of the attributable Organizer intent or gross negligence.

Article 5: Portrait Right
Participant grants permission in advance to the Organizer to publish during and around the Event photographs and images and the like, in which the Participant / Member Company is visible.

Article 6: Personal data
The personal data provided by the Member Company or a Participant be received by the Promoter in a file. By participating in an Event provides a Participating Company or Participant authorizes the Organizer to use the personal data to send information to the Participating Company or the Participant and (if this is given by the Member Company consent on the registration form) for providing of personal data to third parties for sending information to Member Company. Member Company or a Participant grants by entering into the Agreement authorizes the Organizer to publish his name and race results, for example through publication in newspapers and on the Internet.

Article 7: Regulations
On the participation of the Participant in the Event shall apply the rules KLM Aruba Marathon.

4. Regulations Business Run 2019

Application
The competition regulations of the Athletics Association shall apply, unless they are deviated from in these conditions. The competition regulations of the International Association of Athletics Federations (IAAF) is applicable, except insofar as it is varied by the competition regulations of the Athletics Association or these terms and conditions.

Method of propulsion
Participant must run along a course set by the organizer, on a road running the usual way. He must be a Participant be recognizable.

Start Position
Participants in the Business Run start from the same ‘area’ as other participants.

Bib Number
The Participant will receive from the organizer a bib number which is allocated to him participation number. The Participant must confirm the bib number on his chest. The bib number must be attached in such a way and behave the starting number, and another is clearly visible on the mapped information. It should not be cut or folded. It is the Participant forbidden to wear starting numbers other than those by the Organizer him strengthened. Failure to follow can be passed to disqualification.

Health card
The Participant is obliged to fill in the health card on the back of the bib. The Promoter assumes the bib numbers of participants who have been disqualified or otherwise inoperative.

Deadline / last runner
Participant must be able to complete the Full Marathon in 7,5 hours and the Half Marathon in 4.5 hours. Slower runners and walkers who are not able to keep the respective pace will be subject to street re-openings and will need to proceed using sidewalks and road breakdown lanes. Participants will still receive a finisher’s medal and official finisher's certificate. The 10K and 5K participant can finish until 10.00 am

Get Disqualification / from the race
The Promoter reserves the right to disqualify and / or out of the game if it does not comply with these Contest rules or behaves in an unsporting or improper or if any medical reasons or in connection with the orderly conduct of the Event becomes necessary considered.

Click stewards
Participants must follow the instructions of the organizer, c.q. of persons having regard to the appearance clothes worn by them or other obvious to the organization of the Organiser.

Time Recording
Each competitor must run with a supplied MYLAPB ThinTag by the organization. For registration of the results one should start area from the right to pass the mats at the start.

Team Score
a. Each team must consist of at least five persons to be included in the team score;
b. For the team results, the times are added together the five fastest runners of the team. At tie, the place in the individual ranking of 5th runner is decisive. The team with the lowest net total time is the winner;
c. The run time is determined by the net-time, which is registered with the MYLAPS ThinTag. Start delay will therefore be settled;
d. Participants with more than one MYLAPS ThinTag be disqualified.

Determination results
The Organiser shall determine the result and is entitled to change the result after irregularities. A prize shall be returned to the Organizer by the Participant if the Participant is no longer entitled to under the revised results.

Other provisions
- The Road Traffic Act and the related legislation, such as traffic rules and traffic signs, during the Event on the entire course.
- The let himself be guided, no matter for what purpose and by whomever, is not permitted on the trail, unless written permission is obtained from the Organiser.
- Bringing (domestic) animals and objects such as strollers, banners, etc. is not allowed.
- It is not allowed to do during the Event explicitly political, philosophical or religious views or to carry out statements that may be considered offensive, abusive or insulting in any way whatsoever.
- The Promoter assumes no responsibility for lost clothing or other property of participants. This also applies to items that are left in the Organizer made available changing facilities. The Participant is pointed out that this property is not monitored by the Organiser.
- The Entrant is expected not harm leave the property of others, and no waste.

Other cases
In all cases where these regulations are not decided by the organizer.

Privacy policy
Foundation Run in the Sun respects your privacy and ensures that your personal data are handled with due care. Below is an explanation regarding all of Foundation Run in the Sun’s websites (including sporthive.com, sporthive.mylaps.com, inschrijven.nl, uitslagen.nl– the “Websites”), the related mobile applications (the “Apps”) and the products linked to those Apps and Websites (the “Products”) that use cookies and how we handle the personal data that we receive from you via the Websites, Apps or Products. Your details are not shared with third parties without your consent and you yourself may decide what data you do or do not wish to share online.

Article 1 – How do we collect your personal data?
Foundation Run in the Sun collects your personal data in the following situations, among others, but not limited to: when you visit one of the Websites; when you use one of the Apps; when you use one of the Products that allow the collection of data from you; when you contact Foundation Run in the Sun e.g. by email, using a contact form or by telephone; when you register for the digital newsletter; when you place an order via the web shop (if applicable) on the Websites; when you open or use an account via the Websites or Apps; when you take part in a public forum on the Websites or via the Apps (a “Community”).

Article 2 – What personal data do we collect?
Visit to Websites, use of Apps or use of Products
When you visit the Websites or use the Apps, our servers automatically store information, such as your URL, IP address, browser type and language and device type, and the date and time of the visit. If you use one or more Products (of Foundation Run in the Sun) it is possible that those Products register data on you, depending on the type of Product that you use. It is possible, for instance, that a Product measures your heart rate (if it contains a heart rate monitor) or measures your location and speed (if it contains GPS). When you load this data into the linked Apps or Websites of Foundation Run in the Sun, this data is sent to and stored on Foundation Run in the Sun servers.

Contact with Foundation Run in the Sun
When you contact Foundation Run in the Sun, for instance with a request for information, Foundation Run in the Sun saves the personal data that you provide on that occasion provided your request has been handled adequately.

Photographs and selfies
Some of our Apps and Websites offer the possibility of taking photographs and/or selfies. Foundation Run in the Sun stores these photographic images in a file. By using our Apps or Websites to make any photographic image, you agree to the processing and handling of your photograph by Foundation Run in the Sun.

Article 3 – Purposes of data processing
Visit to Websites
General visit data and click behavior are monitored on the Websites for the following reasons; to allow us to optimize the layout of the Websites, to improve the provision of information, and to combat fraud. During the use of the Websites cookies, are placed on your computer, smartphone or tablet; see e.g. Article 4 for further information on the use of cookies by Foundation Run in the Sun.
Contact with Foundation Run in the Sun
If you present a request for information to Foundation Run in the Sun, Foundation Run in the Sun processes the personal data provided for that purpose to comply with that request and to answer your questions.

Orders/Registration
In order to process an order/your registration, Foundation Run in the Sun uses the personal data in your account for the following purposes: the acceptance of your order/registration; the handling of your order/registration and the shipment of the product; to keep you informed of the status of your order; payment and invoicing; and handling of any questions and complaints.

Newsletters
If you have stated your email address and agreed with our general terms and conditions, you are registered for our newsletter. You may unsubscribe from the newsletter at any time by clicking the unsubscribe button at the bottom of the newsletter or by sending Foundation Run in the Sun an email.

Live Tracking
During a sports event, technology may be deployed that makes it possible to determine your location at any time (live tracking) by receiving GPS signals from your device and/or from transponder (aka chip or tag worn by you) which is active in the course during the event. We may record that information in a file and publish it on our Websites, via social media and via the Apps (Event App). Spectators of the event (such as family and friends) can then track your exact location in real time. You can switch off Live Tracking at any time via your account (settings).

Photographs and selfies
Foundation Run in the Sun may publish and multiply the photographs and selfies that you take using the Apps or Websites to promote and market certain events and to report to spectators, sponsors and other parties interested in the event.
Other purposes for which personal data may be used
We may also use the personal data with which you provide us via the Websites or the Apps for the following purposes: to perform agreements between you and; to analyze, develop and improve the Websites and to Foundation Run in the Sun’s products; to comply with statutory obligations; and to secure the Websites and the Apps and to combat fraud and abuse of the Websites or Apps.

Article 4 – Use of cookies
What are cookies? To uses cookies and similar techniques. Cookies are small text files that are generated and stored on your computer, tablet or smartphone when you use the Websites. Techniques that are similar to cookies include beacons and scripts.

Types of cookies
Functional cookies to uses functional and analytical cookies. It also uses marketing cookies and social and external cookies. It is explained below what those cookies are and how we use them.
The functional cookies ensure that the Websites function properly, for instance by keeping you logged in to your account (without having to re-enter your login data), remembering what products are in your shopping basket and calculating the correct amount on checkout.
Analytical cookies
We use analytical cookies to analyze what you buy, when you do so and in what quantity, or which pages of the Websites you visit at what time. That allows us, among other things, to ensure that the right products are in stock at the right time and to ensure that optimal use can be made of the Websites.
Marketing/tracking cookies
We use marketing/tracking cookies to show you the products and advertisements that are relevant to you, on the basis of products that you have viewed.
Social and external cookies
You can also find links on our Websites to social media, such as Facebook, Twitter and Instagram. To ensure that those links function properly, cookies of those social media parties are used, to ensure that they recognize you when you wish to share information on our Websites.
Refusal of cookies
You yourself can decide whether you wish to accept cookies or whether you want your browser to notify you when a cookie is installed. In that case you must change the settings of your browser. Every browser is different; you will have to consult the manual of your browser to determine how that can be done in your browser. You can also remove cookies installed from your computer, tablet or smartphone at any time.

Article 5 – Security
Foundation Run in the Sun applies a security level to the processing of the personal data that suffices, within the possibilities of current technology, to avoid unauthorized access, alteration, publication or loss of your personal data.
The security of your personal data is dependent on your account data (username and password) being kept secret. You yourself must arrange for that by handling your account data with due care and never making them available to a third party.

Article 6 – Right of inspection and removal
You may at any time apply for your data at Foundation Run in the Sun or request Foundation Run in the Sun to change or remove them, via info@arubainternationalmarathon.com Foundation Run in the Sun may be required by law to keep certain personal data. Foundation Run in the Sun cannot remove or update those personal data at your request. Please bear in mind that, after we update or remove your data at your request, those data may be present in our backups for some time until those backups are also deleted. Foundation Run in the Sun sometimes processes personal data at the instruction of its customers. Foundation Run in the Sun has no control over the personal data processed by Foundation Run in the Sun’s customers themselves. Foundation Run in the Sun therefore cannot change any competition results and other data on the website of an event in which you have taken part. You may contact the organizer of the event with a request to inspect, update or correct those data.

Article 7 – Third parties
We do not pass on your personal data to a third party without your consent, unless: the performance of the agreement between you and Foundation Run in the Sun so requires, for instance due to the payment for or delivery of the products you have ordered; Foundation Run in the Sun is required by law or in an emergency to pass on your personal data to public authorities; or if a reorganization or a transfer of business activities takes place at Foundation Run in the Sun as a result of which Foundation Run in the Sun is required to hand over personal data to another organization.

Article 8 – Determine what you do and do not wish to share with others
Your account can be used in Foundation Run in the Sun’s various sports communities. You yourself can state which data may or may not be visible to others (your coach, friends or other users) who also use the sports community in question. In the standard setting other parties have access to your username, photograph and competition data. Only your coach and the other users (friends) that you have accepted have access to your training data and health measurements; other third parties do not have access to those data in the standard setting.

Article 9 – Third-party privacy policies
If you share your data via the Websites and Apps with third-party websites or apps (e.g. the public sharing of information via social media), those data are made available to those third parties. Foundation Run in the Sun’s privacy policy does not apply to websites or apps of third parties, also not if Foundation Run in the Sun has placed a hyperlink to that other website on its Websites or in its Apps. Foundation Run in the Sun accepts no responsibility or liability for the manner in which such third parties handle personal data and cookies. We advise you to take note of the privacy policies and cookie policies of such websites before visiting them.

Article 10 – Contact with Foundation Run in the Sun
If you have any questions regarding this privacy policy, please contact Foundation Run in the Sun. Our contact data are: Foundation Run in the Sun, Jan van Nassaustraat 93a, 2596BR DEN HAAG, The Netherlands; info@arubainternationalmarathon.com
The name “Foundation Run in the Sun” as used in this privacy policy means the entire Foundation Run in the Sun group: Foundation Run in the Sun Curacao; Foundation Run in the Sun Aruba and Stichting Run in the Sun The Netherlands

Article 10 – Amendments
This privacy policy may be amended at any time. We recommend that you take note of the privacy policy on the Websites or via the Apps before entering any new personal data.