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Terms and Conditions

General Terms and Conditions for entry and participation

in 1000 Miglia Experience UAE, 03rd  until 07th of December 2023

 

Article 1 – Purpose

1.1. These general conditions (“General Conditions”) integrate the terms and conditions of registration and participation in the 1000 Miglia Experience UAE 2023 rally provided for by the Specific Race Regulations (“SRR”) adopted by Octanium Experiences LLC, and approved by the Emirates Motorsport Organization (EMSO). The SRR’s will be published via the Sportity App and can be provided as physical document at request.

1.2 Registration for the race implies full acceptance of the general conditions, the SRR and any additions and/or changes to these documents ordered by Octanium Experiences LLC even after the closure of registrations.

1.3 The non-acceptance of these general conditions by the competitor and the crew through the registration portal does not allow registration to the race.

1.4 In the event of a conflict between the general conditions and the SRR, the latter prevails.

 

Article 2 – Admitted cars, registration fees and race program

2.1 The Selection Committee which is led by Octanium Experiences LLC and 1000 Miglia Srl independently and at their sole discretion will determine the eligible cars for the race. It is not possible to lodge a complaint or appeal against the decision of the Selection Committee.

2.2 For the 1000 Miglia Experience UAE 2023 taking place from 3rd until 7th of December 2023 the nominal registration fee for each competing car is USD 11,900.00 plus 5% VAT. The participation fee will be invoiced upon complete registration and confirmation by Octanium Experiences LLC. The final amount needs to be transferred within 14 days after invoicing net and free of charge to:

 

Bank Account Details:

Mashreq Bank

Account holder: Octanium Experiences L.L.C

Account number: 019000065157

IBAN: AE820330000019000065157     

SWIFT/BIC Code: BOMLAEADXXX

Dubai Internet City Branch (DIC Branch)

Plot No A 9-10, Al Farqad St Off – Al Falak St – Dubai

 

 2.3 For some participants, who will be informed separately on purpose and terms, a security deposit applies. This deposit needs to be transferred net and free of charge to the same bank account details mentioned under 2.2.

2.4 The race program envisaged in the SRR contains provisional information relating to the 1000 Miglia Experience UAE which Octanium Experiences LLC reserves the right to modify.

2.5 Octanium Experiences LLC undertakes to make the facilities and services indicated in the SRR available to competitors. In case of unavailability of the indicated structures and services, Octanium Experiences LLC will be responsible for ensuring their replacement with structures / services of a quality equal to or higher than that indicated.

2.6 It is possible to request the following additional services, as well as further services as offered by Octanium Experiences LLC upon payment of the established amount for each service:

– In addition to the standard double room accommodation for a crew included in the standard entry, booking of an additional single/double;

– Extension of stay in UAE in the days preceding or following the race;

– Participation of a support crew and -car, for a maximum of 2 individuals for each car

2.7 Luggage service transportation of one piece per participant for the overnight stays throughout the rally is included in the registration fee.

 

Article 3 – Responsibility for GPS Tracking Device

3.1 The competitor agrees, that for the purpose of certain time trials using geofencing information and for locating purpose in case of emergency, a GPS tracking device (“GPS Tracker”) will be provisionally installed in the vehicle. This GPS Tracker will be installed at the start of the rally on the back of the windshield of each car, carrying the starting number of the car.

3.2 The GPS Tracker has a value of USD 300. The competitor is responsible to hand back the GPS Tracker in proper shape and undamaged after the finish of the rally in Abu Dhabi back to the organiser (Octanium) or to staff from the lender SportTraxx.

3.3 If the competitor misses to hand back the GPS Tracker or in case the GPS Tracker got damaged during the rally, Octanium will invoice USD 300 plus VAT to the competitor.

 

Article 4 – Condition precedent

4.1 Any obligation connected and consequent to the competitor’s application for registration is subject to the suspensive condition of EMSO’s approval of the SRR.

4.2 If the SRR is not approved, Octanium Experiences LLC will only be required to return the sums paid by the competitor either by bank transfer or credit on card of credit.

 

Article 5 – Waiting list

5.1 The maximum number of admitted cars for entry is currently set up for 120 cars. This may be changed by the organiser on it’s sole discretion at any time. In case the entry list is already full, the organiser will manage a waiting list. Any withdrawing teams may potentially be replaced at Octanium Experiences’s sole discretion. It is not possible to lodge a complaint or appeal against this decision.

 

Article 6 – Withdrawal of a registration

Withdrawal of a registration must be made by e-mail to the organizer, Octanium Experiences LLC via Talha Benani, heading Participants Concierge (talha.benani@octanium.ae).

 

Article 7 – Refund of the registration fee in case of withdrawal of registration

A refund of the registration fee in case of withdrawal by a competitor will take place only in accordance with the following:

7.1 In the event that the communication of the withdrawal of the registration is received by 23:59 (GMT +4 UAE) on the 15th of October 2023, the registration fee will be refunded in the amount of 50%.

7.2 In the event that the communication of the withdrawal of the registration is received after 24:00 (GMT +4 UAE) on the 15th of October 2023, the registration fee cannot be refunded.

 

Article 8 – Refund of the security deposit to not accepted crews

Competitors who are not accepted will be refunded the amount paid as a security deposit or registration fee by bank transfer or credit card, by the 6th of January 2024.

 

Article 9 – Refund of the security deposit for participating crews

Crews, who paid a security deposit and physically register and participate in the event, will be paid back their security deposit by bank transfer or credit card, by the 6th of January 2024.

 

Article 10 – Restrictions on entry into UAE or exit from the area of residence

10.1 Persons, as the defined below in this Article, who are residing:

  1. In countries from which entering the UAE is barred by provision of UAE or such country’s authorities in relation to the COVID-19 health emergency;
  2. In countries from which exit is precluded by order of its authorities in relation to the COVID-19 health emergency;

From the closing date of entry for applications to the 15th  of November, should there be an intention to withdraw from the race, the competitor shall send their withdrawal request by e-mail to talha.benani@octanium.ae, attaching a copy of the provision of the competent Authority, no later than the 15th of November at 23:59 (GMT +4), in order to:

a)       Seek a refund of the fees paid as a participation fee, net of administrative charges in the amount of USD 500.00 plus VAT equal to 5%; or

b)      Keep the fees paid in the Organiser’s account as a pre-payment for entry to the next edition of the race in 2023. Without prejudice to any possible or potential global economic fluctuations, which might result in a possible increase of the entry fee, a mandatory new application shall be submitted for the next edition of the race.

10.2 For the purposes of the application of the provisions set forth in this Article, “person” or “participant” means alternatively:

a.     The competitor being part of a crew;

b.     The owner (original owner) of the car part of the crew;

c.     Both the drivers indicated during the entry phase.

Article 11Health emergency covid-19 – force majeure

The Competitor, having taken note of the current exceptional situation due to COVID-19 pandemic and of the fact that it is currently not possible to predict the potential developments of the pandemic itself, nor of the possible emergency (or otherwise) measures which may from time to time be adopted by the competent authorities in relation to the aforementioned pandemic, with the execution of these SRR expressly accepts and agrees with the following:

(i) The organiser (Octanium Experiences LLC) has the right to reschedule, cancel or suspend the race should it be necessary or appropriate, prior to or during the race itself, due to reasons arising out of but not limited to the COVID-19 pandemic or other, and new extraordinary and unforeseeable events that make its organization impossible or excessively difficult;

(ii) To comply with any and all provisions, regulations, guidelines, specifications, etc. which may be issued from time to time by any UAE Authority, or even by the organiser, regarding the COVID-19 pandemic and/or the prevention of related infections.

 

Article 12 – Privacy protection

The personal data of the participants will be processed by Octanium Experiences LLC (with operational headquarters in Villa 11, Yas Marina Circuit PO Box 105 156) as Data Controller and in compliance with the obligations established by EU Regulation no. 2016/679 (GDPR) and as per the information on the Website.

 

Article 13 – Image rights, release and indemnity

13.1 The competitor and the drivers as a result of the registration to the race authorize Octanium Experiences LLC and/ or the physical or legal persons appointed by the same to take, in the context of the general context of the race, photos and audio-video recordings of their person, their crew and/ or the vehicle (s) and/ or of the goods/ trademarks owned. Each competitor, as a result of their registration for the race and subsequent selection, assigns and transfers to Octanium Experiences LLC free of charge, the usage rights to their photos and/ or audio-video recordings that Octanium Experiences LLC and/ or its representatives will conduct throughout the duration of the event.

13.2 Octanium Experiences LLC is authorized to store, commercially use and transfer to third parties, the photos and / or audio-video recordings, as well as to disseminate them, also by re-editing them at its discretion, through editorial products (by way of example but not limited to: newspapers, books, magazines, magazines, etc.) and / or any type, method, means and system of use currently known (by way of example but not limited to: TV – terrestrial, satellite, cable; radio; internet – downloading , streaming; analogue and / or digital systems; social media, etc.) or that will be available in the future due to technological evolution, without limits of territory and passage, also through total or partial transfers to third parties.

13.3 Each Competitor and driver indemnifies Octanium Experiences LLC from any claim by third parties concerning the photos and / or audio-video recordings mentioned above.

 

Article 14 – Civil liability and indemnity.

14.1 Octanium Experiences LLC will have third party liability insurance, which is necessary for carrying out any automotive sporting events within the UAE. This insurance covers the liability of Octanium Experiences LLC and its event participants, from any damage caused to people, animals and things, excluding damage caused to the participants themselves and to the vehicles they use.

14.2 Each Competitor is required to stipulate, and to maintain for the entire duration of the event, a suitable insurance policy in compliance with current legislation and to communicate the relative details (number and period of validity of the policy, name of the insurance company) to Octanium Experiences LLC within the deadlines set by the latter.

14.3 The Competitor and each driver also declare that they are aware that the race takes place on roads open to traffic and, consequently, accept and undertake to respect and observe all the traffic rules followed in the United Arab Emirates, which the Competitor and each driver declare to know.

14.4 Furthermore, the competitor and each driver accept to indemnify Octanium Experiences LLC, EMSO and co-organizers, involved in the organisation, race officials and the owners of the roads where it takes place from any responsibility for any damage to the person and/ or property of the competitor himself, their drivers, navigators, employees and/ or agents, and/ or produced or caused to the person and/ or things of third parties as a result of events caused by or in any case attributable to the competitor himself and/ or to his drivers, navigators, employees and/ or agents.

14.5 Equally the competitor and each driver exempt Octanium Experiences LLC and EMSO from any responsibility in the case of theft and/ or fire and/ or other damage that the vehicle admitted to the race might endure during the entire duration of the race, and expressly renounce, also for their own heirs or assignees, to advance against Octanium Experiences LLC with any claim for compensation connected to any accident suffered by the vehicle during the race.

 

Article 15 – 1000 Miglia Brands

15.1 The Competitor and each driver cannot claim any rights over the registered trademarks “MILLE MIGLIA”, “1000 Miglia”, “1000 Miglia Experience UAE”, “1000 Miglia Experience UAE Jubilee Edition”, “1000 Miglia Experience UAE Prologue”) in verbal and figurative form (the “Brands”) nor can they claim any authorization for their use. To this end, the Competitor, the driver and / or navigator and / or crew and / or assistance crew and / or accompanying, undertake not to claim ownership, license or any other right of use or exploitation of the Trademarks.

15.2 The Competitor, and/ or the driver and/ or navigator and/ or crew and/ or assistance crew and/ or accompanying guests, undertake not to deposit or use names, trademarks, or other distinctive signs in combination with the trademarks, and/ or that in any case are graphically confusing with them.

15.3 The copyright of the Website and all its contents (including, but not limited to, all information, graphics, photographs, texts, videos, audio) are owned by Octanium Experiences LLC. The site services and its contents are protected by current copyright laws.

15.4 Reproduction and / or copying of any material contained on the site is strictly prohibited.

 

Article 16 – Applicable law and competent court

16.1 These General Conditions as well as the SRR are regulated and interpreted in accordance with UAE law.

16.2 All references in the General Conditions to laws and / or regulations refer exclusively to UAE laws and regulations.

16.3 Any dispute arising, deriving from or connected to these General Conditions as well as to the SRR is subject to the exclusive jurisdiction of the UAE Courts.

 

Article 17 – Regulatory references in term of sport

The EMSO regulations in force and the provisions of the SSR’s apply to all sporting regulations.

 

Article 18 – UAE specific requirements

18.1 The Competitor agrees to present a valid original driving license from their nation of residence and an accompanying International Driver’s License to the registration team of Octanium Experiences LLC before the commencement of the event.

18.2 The Competitor agrees and confirms to be fully vaccinated for COVID-19 by a vaccine, which is internationally accepted prior to entry to the United Arab Emirates, and present proof of vaccination to Octanium Experiences LLC, and any or all other UAE authorities that request vaccination status. Without valid vaccination no competitor will be allowed to participate in the event.

18.3 The Competitor agrees to not consume alcohol during the driving portions of the event, officially listed in the route, as it is expressively forbidden by the governing laws of the United Arab Emirates, which maintains a zero-tolerance policy towards alcohol consumption while operating a motor vehicle.

 

Article 19 – Miscellaneous

19.1 All the contents of the SRR and the general conditions are drawn up in a single language, English.

19.2 The definitions adopted by the SRR are also applicable to these General Conditions insofar as they are compatible.

19.3 Octanium Experiences LLC organizes and manages the race in complete autonomy. The services rendered by Octanium Experiences LLC are therefore independent of the outcome of the race and / or its success and/ or in any case independent of any result in terms of media, advertising and/ or visibility of the race itself, with respect to which therefore Octanium Experiences LLC assumes no liability, direct or indirect, of a compensatory or refundable nature.

 

Article 20 – Sportity APP

20.1 The communication between the organizer, the Clerk of the Course and the Competitors is supported via the Sportity App. The download and use of this App is mandatory for the Competitors. At the registration desk the organizer will provide a barcode with the download-link for both Android and Apple phone users. During the rally all daily sporting results and important information will only be communicated via this App.

The Competitors declare to have read and understood the content of the General Conditions above. The Competitors agree to additionally sign a physical copy of these aforementioned Terms and Conditions while in the presence of a representative from Octanium Experiences LLC in Dubai during registration, prior to the start of the race.