Conditions générales de participation au MULTISTRADA 60.000 KM TOUR

The request for participation implies full and unreserved acceptance by the participant (hereinafter referred to as “Applicant” and if chosen by Ducati as “Participant”) of these General Conditions of Participation.

Article 1 – PRELIMINARY SELECTION

1.1 These General Conditions of Participation for the Multistrada 60,000 km European Tour (hereinafter “Event”) apply to all requests to participate in the Event organized by Ducati Motor Holding S.p.A – Società a Socio Unico, subject to the Direction and Coordination of Audi AG (hereinafter “Ducati”).

1.2 All requests to participate to the Event are subject to prior selection by Ducati, which reserves the right to evaluate each application and verify the actual presence of the conditions of participation, specifying that the selection will be made on the basis of its unquestionable judgement and therefore to the needs of Ducati for the carrying out of the Event, in particular with regard to the number of participants requested and the availability of the proposed dates.

1.3 Requests to participate in the Event are possible up to two weeks before the beginning of each stage.

1.4 The decision to accept or refuse the participation request will be sent via e-mail.

1.5 Ducati will not be responsible for any decision to refuse participation in the Event.

Article 2 – EVENT DESCRIPTION

2.1 The Event is organised by Ducati to celebrate its ‘Multistrada V4 Rally’ motorbike model, on a 60,000 km route that will take in several European countries including France, UK, Poland, Austria, Spain, Portugal and Italy.

2.2 During the Event, several participants will take part in a motorbike road trip starting in April 2024. The participants shall take turns driving the same motorbike, which must have covered at least 60,000 km by the end of the Event.

2.3 Participation in the Event includes the loan of the vehicle (Multistrada V4 Rally model and hereafter referred to as “Motorcycle”), the insurance of the motorbike and any necessary maintenance work, with the specification that fuel and any tolls will be paid by the Participant.

2.4 There shall be no financial compensation for participation in the Event.

2.5 The Bike will be equipped with a GPS tracker which will allow Ducati to
› intervene quickly in case of need of maintenance of the Bike;
› publish on its media content relating to the Event, in particular the route covered and the number of kilometres travelled.

2.6 Each Participant must undertake a trip of a maximum duration of 1 (one) week and a minimum of 2000 km and may propose the stages (cities, events, types of roads), as well as the number of kilometres envisaged for his/her part of the trip.

2.7 The pick-up and drop-off points of the motorbike and therefore the starting and arrival points of the various stages, are defined in advance by Ducati and correspond to Ducati dealers present on the territory of France.

2.8 The dates of the various stages are also decided by Ducati.
Each Candidate may make a request to participate in the stages he/she most prefers among those starting and finishing in France.

2.9 In order to be considered valid, the application must be received using the form available at the following address: https://multistrada-60000km-european-tour.ducati.com/fr/

Once the request for participation has been accepted, Ducati reserves the right to propose a different start date depending on the requirements of the Event.

Article 3 – TERMS OF PARTICIPATION

3.1 To participate in the Event, the Candidate must:

  • Be in possession of a valid A driving license;
  • Have had an A driving license for at least 3 years;
  • Having already carried out significant trips or experiences on a motorbike;
  • Propose a roadtrip project limited to the European continent, for a maximum duration of 1 (one) week and with a minimum of 2,000 km. The itinerary proposed by the Candidate may contain several European countries and to be considered valid, it must be relevant in terms of landscape and/or historical and/or cultural and/or artistic contents and respect the previously selected Motorcycle collection and return points.
  • Being able to produce photo and video content in line with the level of quality required by the brand and knowing how to make the most of the potential of social networks.
  • Declare that he/she is not taking any medical treatment incompatible with riding and must be aware that at the time of his/her eventual participation in the Event he/she must be in optimal psychophysical condition, particularly with regard to the following organs and apparatuses that are stressed when riding the motorbike: musculoskeletal, osteoarticular and locomotor, neurological, visual, auditory and cardiovascular. In the event that these conditions should fail, Ducati may suspend and if necessary exclude the Participant from the Event; it is understood that, in this case, the Participant will not be entitled to receive any type of compensation or indemnity from Ducati.
  • Declare that he/she is not permanently or temporarily unable to drive.3.2 Ducati reserves the right to view the social media channels of the Candidates in order to obtain information on the type of content creation and the level of the same and then use such information in the selection of ideal candidates.

3.3 It is understood that the Participants will be obliged to send all video/photographic material collected during the trip to Ducati. It is in fact expressly forbidden for Participants to independently publish material collected during the trip on their own social channels and/or in any case in any social channel or subject other than Ducati. Selected participants will only be able to re-post official Ducati posts.

3.4 In the event that Ducati accepts the request to participate in the Event, the Participant must send a copy of his/her driver’s licence and national identity card via e-mail.

Article 4 – APPLICATION FOR PARTICIPATION – CANCELLATION – EXCLUSION OF THE PARTICIPANT

4.1 Application for Participation. Applications to take part in the Event are made exclusively on the Internet, via the website https://multistrada-60000km-european-tour.ducati.com/fr/

Before sending the application form, the Participant declares to have read these General Conditions of Participation with the relative attachments and to have accepted them in full by ticking the box “I declare to have read the General Conditions of Participation and I accept them”. The registration will be accepted only after receiving the confirmation e-mail from Ducati with the decision of acceptance.

4.2 Cancellation by the Participant. If the Participant wishes to cancel his/her participation in the Event, he/she must notify Ducati at least 10 days before the beginning of the chosen date of travel.

4.3 Cancellation by Ducati. Ducati will have the right to cancel participation in the Event, even on the same day, for any reason related to organisational constraints beyond Ducati’s control. In this case, Ducati may propose to postpone the participation in the Event to another date. In the event of non compliance with the conditions of participation at the time of participation in the Event, Ducati reserves the right to cancel the Event.

4.4 Exclusion of the Participant. The Participant agrees to comply with the Highway Code. Failure to comply with this obligation may result in the exclusion of the Participant from participation in the Event.

4.5 The Participant agrees that in the event of loss of control of the vehicle, other than a mechanical failure, which may or may not result in the vehicle leaving the road with or without material damage, Ducati may permanently terminate the Participant’s participation, even if the planned trip has not been fully completed.

Article 5 – RULES OF CONDUCT & TECHNICAL RIDING GEAR

5.1 The Participants must strictly comply with the rules in force of the Highway Code as well as with those contained in these Regulations, the Guidelines dictated by ACEM and the principles of communication and advertising of Volkswagen (attachment 1). In the event of serious and/or repeated violations of the aforementioned provisions, Ducati may suspend, and if necessary exclude, the Participant from the Event. It is understood that, in this case, the Participant will not be entitled to receive any other type of compensation or indemnity from Ducati.

5.2 During the use of the Motorcycle Participants and any Passengers (as defined below), must compulsorily wear technical riding gear suitable for the Event, i.e.: homologated helmet, technical jacket with protections, technical trousers with protections, technical boots with protections and technical gloves.

5.3 The Participants must diligently take care of the Motorcycle and any other equipment assigned to them by Ducati and must not allow its use by other people, including Passengers, unless expressly authorised by Ducati.

5.4 Participants must check the Bike and, in the event of any anomalies found on it, immediately inform Ducati, in the persons of Noham OLIVIER n.olivier@ducati.fr

5.5 The Participants must behave – during the Event – in a diligent and prudent manner.

5.6 Should the Motorcycle be damaged, the Participant shall contact the roadside assistance service at the numbers indicated in Appendix 2.

Article 6 – LIABILITY

6.1 Ducati, where applicable, will not be liable in any way for any type of damage – direct or indirect – to persons or property suffered by Participants, Passengers or third parties during the Event.

6.2 The Participant undertakes on his own behalf and on behalf of any Passenger to indemnify and hold harmless Ducati, as well as to fully reimburse any advance payment made by the latter, for any damage, direct or indirect, caused by the Participant, his eventual Passenger to persons or property during the course of the Event. The Participant will be liable for damage caused to the Motorcycle due to wilful misconduct or gross negligence and must therefore provide compensation for such damage. Ducati will instead be responsible for any damage caused by the Participant to the Motorcycle for minor damage.

6.3 Each Participant and their eventual Passengers, in order to duly participate in the Event, must sign, before the start of the Tour, the declarations of release from liability and indemnity prepared by Ducati.

Article 7 – PROCESSING OF THE PARTICIPANT’S PERSONAL DATA

7.1 Owner of the processing of personal data Ducati, as Owner, following the sending of the Form by the Participant, will process the personal data provided exclusively to manage the registration and participation in the Event.
The data provided by the Participants will be used exclusively for this purpose and will not be communicated to third parties without the consent of the interested party.

7.2 Conduct of the Event and Monitoring of the Trip

By choosing to participate in the Event, the Participant is informed of the presence of a GPS tracker in the vehicle provided for the purpose of the Event.

During the course of the Event, the Participant’s route will be monitored via GPS in order to ensure his or her safety, intervene if necessary and promote the Event.

This data will be collected through the GeoRide application, to which the Participant will have access and will be able to activate and deactivate at any time, through the device on which the application is installed, the functions related to the geolocation service and the recording of the routes taken.
The data collected through the connected application will be stored for the duration of the event and for a period of three years.

The participant is required to send Ducati the photos of the trip in order to allow their publication on the Owner’s social channels. The sending of the photos implies consent to their publication.

7.3 Legal basis of the processing and retention periods

It should be noted that all processing listed above is based on a contractual legal basis or legal obligation, so the consent of the data subject is not required. The data provided will be retained for the time strictly necessary to achieve the purposes indicated and will be processed in compliance with current legislation on the protection of personal data.

7.4 Further information

Further information regarding the data processing carried out by the Data Controller, as well as the list of rights that can be exercised by the data subject, can be found in the general privacy policy available at the following link https://www.ducati.com/fr/fr/home/privacy

Article 8 – PILLION

8.1 The Participant may take part in the Event with a pillion of his choice.

8.2 The pillion must be at least 18 years old.

Article 9 – IMAGE RIGHTS

9.1 During the Event, the Participant must send Ducati photographs and videos of his or her journey.

9.2 The Participant authorises Ducati, free of charge, to publish any photograph or video that reproduces his/her image on its media, social networks or websites.

9.3 The Participant grants Ducati, for any territory and for the duration of the Event plus three years, the right to show and reproduce the photographs and videos and the right to use his/her image.
In the event that photographs or videos are sent in which the Participant appears, the latter guarantees that he/she has given Ducati the authorisation to proceed with said uses under the same conditions.

9.4 The Participant agrees not to hold Ducati, its representatives or any person acting with its permission responsible for any variation in framing, colour or density that may occur during the reproduction.

9.5 This authorisation is personal and non-transferable and applies only to the media explicitly indicated.

Article 10 – INSURANCE

10.1 Ducati declares to be insured with the insurance company HDI Global for road damage, fire and theft and with the insurance company CHUBB European for driver accident coverage.

10.2 In the event of an accident with damage to property, the Participant waives Ducati’s liability beyond the above guarantees.

Article 11 – EXCLUSION OF LIABILITY – WAIVER OF CLAIM

11.1 The Participant is fully responsible for the use of the vehicle made available by Ducati.

11.2 The Participant declares to be aware of the risks inherent to driving on the road and therefore exonerates Ducati from any liability in case of accident during the Event.

11.3 The Participant renounces any criminal, civil, administrative and legal action against Ducati and any other company of its group and agrees to repair any damage caused by his fault or in case of false declaration on his part.

11.4 If there is a passenger, the Participant is also responsible for any damage caused by the passenger.

11.5 The Participant shall also be held liable on his own account for any and all infringements of the law relating to the use or possession of the Motorcycle and shall therefore be responsible for all civil, criminal and financial consequences of any infringement, whether or not it is punishable. The Participant therefore declares that he/she is aware of the possibility that his/her personal data may be communicated, as reported in his/her request to participate in the Event, by Ducati to the police or other public authorities in relation to any request, dispute, sanction or measure related to the use or otherwise possession of the Motorcycle during the period in which it is or has been in the custody and availability of the participant, such as – merely by way of example – violations of road traffic regulations in Italy and abroad.

11.6 In the event that the fine is delivered late to the Participant (by way of example but not limited to, late communication, closure of the company, failure to notify Ducati, etc.), Ducati will not be responsible for the cost of the fine itself and any additional costs, due, for example, to the impossibility of benefiting from the reduced payment. Similarly, Ducati will not bear the costs generated by errors in payment of fines by the Participant.

11.7 Finally, any non-payment of motorway tolls will be charged to the Participant. In any event, the Participant agrees to promptly reimburse Ducati, upon its simple written request, any sum that the same must or has had to pay as an administrative fine or in relation to any other measure of a public authority related to violations of road traffic regulations in Italy and abroad, occurred during the period in which the Motorcycle is or has been in the custody and availability of the Participant.

11.8 Ducati may require the payment of a security deposit of up to 2,500 euros for any damage to the Moto caused by the fault of the Participant.

Article 12 – FORCE MAJEURE

12.1 For the purposes of these General Conditions of Participation, “force majeure” shall mean any event, reasonably unforeseeable and insurmountable for Ducati, which makes it impossible or significantly more onerous to fulfil all or part of its contractual obligations in relation to the organisation of the Event.

12.2 In particular, the following events shall be considered force majeure, without this list being exhaustive: natural catastrophes, bad weather, fire, floods, earthquakes, strikes or any other industrial action, power cuts, embargo, sabotage, intervention of civil or military authorities, acts of war, declared or undeclared hostilities, terrorist acts or riots.

12.3 Ducati shall not be considered in default of its obligations in the event that the fulfilment of its obligations relating to the organisation of the Event is hindered, prevented or delayed by a case of force majeure and Ducati shall not be held liable for any cause whatsoever.

Article 13 – INFORMATION

13.1 For any communication and information regarding the Event the Participant may contact Ducati at the following e-mail address Noham OLIVIER n.olivier@ducati.fr

Article 14 – APPLICABLE LAW – COMPETENT JURISDICTION

14.1 These General Terms and Conditions of Participation are governed by the laws of France.

14.2 All disputes between the Parties, of whatever nature, shall be subject to the exclusive jurisdiction of the courts of France.