Terms and conditions of use

1.1. These Terms and Conditions govern access to and use of the EntrySwap platform, available at entryswap.com (hereinafter, the “Platform”), which is owned by EntrySwap, S.L. (sociedad unipersonal).

1.2. The Platform provides an intermediation service that puts people who are registered for endurance sporting events (running races, mountain and trail races, cycling, triathlon and similar disciplines) but cannot take part in them in touch with other people interested in taking their place, so that the name transfer of the entry is carried out in accordance with the procedure established by each event’s organisers.

1.3. Accessing and using the Platform implies full acceptance of these Terms and Conditions. Anyone who does not agree with them must refrain from using the Platform.

1.4. These Terms and Conditions apply to all users of the Platform. Relations between EntrySwap and event organisers are also governed by any collaboration agreement they may enter into.

For the purposes of these Terms and Conditions, the following terms have the meanings given below:

• EntrySwap: EntrySwap, S.L. (sociedad unipersonal), owner of the Platform.
• User: any natural person who accesses or uses the Platform, whether as a Seller, as a Buyer or for any other purpose.
• Race: a sporting event that appears on the Platform.
• Organiser: the entity that organises the Race and that is solely entitled to carry out the name transfer of an entry in its systems.
• Bib: a place in a Race, with the rights and conditions established by the relevant Organiser.
• Seller: a User registered for a Race who lists their Bib on the Platform so that another person can take their place.
• Buyer: a User who requests to take the place corresponding to a Bib listed on the Platform.
• Via EntrySwap Option: the form of name transfer applicable to Races whose Organiser has entered into a collaboration agreement with EntrySwap, in which payment is made on the Platform and the Organiser approves the transfer from its portal, in accordance with clause 5.
• Via the Organiser Option: the form of name transfer applicable to Races whose Organiser has not entered into such an agreement and has its own name transfer procedure, in which EntrySwap merely puts the Seller and the Buyer in touch, in accordance with clause 6.
• Waiting List: an ordered list of Buyers interested in a Bib for a given Race and distance under the Via the Organiser Option.
• Introduction: the disclosure by EntrySwap to the Seller of the Buyer’s data needed to request the name transfer under the Via the Organiser Option.
• Connection Fee: the amount that the Seller and the Buyer pay to EntrySwap under the Via the Organiser Option, in accordance with clause 7.
• Hold: the reservation of the amount on the Buyer’s payment method, under the Via EntrySwap Option, without any charge being made until the Organiser approves the name transfer.

3.1. An account on the Platform is required in order to list a Bib, join a Waiting List or reserve a Bib. The User undertakes to:

• Provide truthful, complete and up-to-date information.
• Keep secure the email account associated with their account. The Platform does not use passwords but single-use links and codes sent to that address, so whoever has access to it has access to the account.
• Notify EntrySwap without delay of any unauthorised use of their account.
• Be over eighteen (18) years of age.

3.2. EntrySwap may suspend or close the accounts of Users who breach these Terms and Conditions.

4.1. The Platform only shows Races whose rules allow the name transfer of entries.

4.2. Each Race is governed by one of the two options defined in clause 2. Each Race’s page on the Platform describes the procedure applicable to it before the User lists a Bib, joins the Waiting List or reserves a Bib.

4.3. Under both options, the name transfer is carried out exclusively by the Organiser, in its own systems and in accordance with its rules. EntrySwap does not carry out name transfers and does not guarantee that the Organiser will carry them out.

1. Listing: the Seller states the Race and distance of their entry and proves, by means of a code sent by email, that the address with which they registered belongs to them. The price of the Bib is the one set by the Organiser for that distance; the Seller may not set a different price.
2. Reservation: the Buyer chooses the Race and distance, not a specific Bib. EntrySwap assigns them the available Bib that has been listed for the longest time for that distance. At the time of reservation, a Hold is placed on the amount on their payment method, without any charge.
3. Processing: EntrySwap sends the Organiser the name transfer request, with the Buyer’s data and the Seller’s registration email, so that the Organiser can check in its own systems that the entry exists. The Organiser has the period established for each Race, which is seventy-two (72) hours unless the Organiser sets a different one, to approve or reject the request.
4. Outcome:
   • If the Organiser approves the request: the held amount is charged, the Seller receives the amount due to them, less the applicable fees, and the Buyer receives confirmation of the name transfer.
   • If the Organiser rejects the request: the Hold is released without any charge and the Bib becomes available again.
   • If the Organiser does not respond within the period: the request is deemed rejected and the Hold is released without any charge.
   • If another Buyer completes the reservation of the same Bib first: the request is cancelled and the Hold is released without any charge.
   • If the Organiser removes the Race from the Platform while reservations are in progress: those reservations are cancelled and the Hold is released or, if the amount has already been collected, it is refunded in full.

6.1. Nature of the service. Under this option, EntrySwap provides solely an introduction service. EntrySwap has no contractual relationship with the Organiser, plays no part in the name transfer or in the payment for the entry, and neither receives nor holds any amount for the entry.

6.2. Listing. The Seller states the Race and distance of their entry and proves, by means of a code sent by email, that the address with which they registered belongs to them. Listing is free of charge.

6.3. Joining the Waiting List. The Buyer joins the Waiting List for the Race and distance of interest free of charge, giving their first name, surname(s) and the email address with which they wish to enter the Race. The Waiting List is ordered by the date and time of joining it.

6.4. Offer of the Bib. When a Bib is listed, EntrySwap offers it to the first person on the Waiting List, who has twenty-four (24) hours to accept it. If they expressly decline it, they keep their position on the Waiting List and the Bib is offered to the next person. If they do not respond within that period, they move to the last place on the Waiting List and the Bib is offered to the next person.

6.5. Acceptance by the Buyer. A Buyer who accepts the Bib authorises the charge of the Connection Fee payable by them. The amount is held on their payment method and is only collected if the Seller confirms in accordance with clause 6.6.

6.6. Confirmation by the Seller. Once the Bib has been accepted, the Seller has twenty-four (24) hours to pay the Connection Fee payable by them. Once it has been paid, or once any Connection Fee the Seller has pending has been applied in accordance with clause 7.4, EntrySwap collects the Connection Fee held from the Buyer and discloses to the Seller the Buyer’s first name, surname(s) and email address. If the Seller does not pay it within that period or states that they no longer wish to transfer the Bib, the Bib is removed from the Platform, the amount held from the Buyer is released without any charge and the Buyer regains their position on the Waiting List.

6.7. Transfer request to the Organiser. Once the Buyer’s data have been received, the Seller requests the name transfer from the Organiser without delay, in accordance with the procedure the Organiser has established. The Buyer’s payment for the entry and, where applicable, the refund of the entry to the Seller are governed exclusively by the Organiser’s conditions, which the Organiser applies under its own responsibility.

6.8. Verification. During the forty-eight (48) hours following the Introduction, EntrySwap does not seek any information from the parties. After that period, EntrySwap asks the Seller by email whether they submitted the name transfer to the Organiser and asks the Buyer whether they completed their entry. Both have twenty-four (24) hours to respond. EntrySwap decides once both have responded or, failing that, at the end of that period, in accordance with the following rules. However, if the Buyer states that they no longer want the Bib, EntrySwap decides at that moment, without waiting for the Seller’s response, in accordance with the second rule:

• If neither of them responds, or if one states that the transfer has been made and the other does not respond, the name transfer is deemed completed and the Bib is withdrawn from the Platform.
• If the Seller states that they submitted the transfer and the Buyer states that they no longer want the Bib, or if the Buyer states that they no longer want it and the Seller does not respond, the Buyer is removed from the Waiting List and the Bib is offered again in accordance with clause 6.4 without the Seller paying the Connection Fee again.
• If the Seller states that they did not submit the transfer, the Bib is offered again in accordance with clause 6.4 and the Seller must pay the Connection Fee again at the next Introduction. EntrySwap refunds the Buyer’s Connection Fee and the Buyer regains their position on the Waiting List, unless they have stated that they no longer want the Bib.
• If the Buyer states that they have not received the Organiser’s communication to complete the transfer and the Seller does not respond, clause 6.9 applies.
• If their responses contradict each other, clause 6.11 applies.

6.9. Review of the Organiser’s communication. In the case provided for in clause 6.8, EntrySwap asks the Seller to check the transfer request, for which the Seller has forty-eight (48) hours. If the Seller states that they were unable to submit it, the consequences provided for where the Seller states that they did not submit the transfer apply. If they state that they did submit it, clause 6.11 applies. If they do not respond, their Bib is withdrawn from the Platform and their Connection Fee is deemed used; EntrySwap refunds the Buyer’s Connection Fee and the Buyer regains their position on the Waiting List. If, within that period, the Buyer confirms that they completed their entry, the transfer is deemed completed.

6.10. Closing of the Waiting List. The Waiting List for each Race closes at the end of the last day on which the Organiser accepts name transfers under its rules, according to the information available to EntrySwap, or, failing that, at the end of the day on which the Race is held. Once the list has closed, listed Bibs are withdrawn from the Platform. EntrySwap does not make new offers within the forty-eight (48) hours before closing. The closing date is purely operational: EntrySwap does not guarantee that it coincides with the Organiser’s actual deadline, which prevails in all cases, and it is for each User to check the Organiser’s conditions.

6.11. Contradictory responses. Where the Seller states that they have submitted the transfer and the Buyer denies it, or vice versa, EntrySwap suspends the transaction, so that the Bib is not offered to third parties and the Buyer does not regain their position, and contacts both parties by email from the address info@entryswap.com to establish the facts. In the light of the information gathered, EntrySwap decides that: (a) the transfer has been completed; (b) the transfer was not completed for reasons attributable to the Seller, in which case the consequences provided for in clause 6.9 for the Seller’s failure to respond apply; or (c) the transfer was not completed for reasons attributable to the Buyer, in which case the Buyer is removed from the Waiting List, their Connection Fee is deemed used and the Bib is offered again without the Seller paying the Connection Fee again. If at any time the Buyer confirms that they completed their entry, the transfer is deemed completed. EntrySwap’s decision is without prejudice to any rights that the parties may exercise against each other or against the Organiser.

7.1. Via EntrySwap Option. The price of the Bib is the one set by the Organiser for each distance, and may not be less than five euros (€5). EntrySwap receives a commission for each completed name transfer, which is in all cases deducted from the amount received by the Seller. The Organiser may receive its own commission which, depending on its settings, is likewise deducted from that amount or added to the price paid by the Buyer. The breakdown is shown to the Seller before listing and to the Buyer before paying. No charge is made to the Buyer until the Organiser approves the name transfer; if the transfer is not completed, the Hold is released and, in the exceptional cases in which the amount has already been collected, EntrySwap refunds it in full to the same payment method within five (5) to ten (10) working days.

7.2. Via the Organiser Option. Listing a Bib and joining the Waiting List are free of charge. The Seller and the Buyer each pay EntrySwap a Connection Fee of one euro (€1), taxes included, at the times indicated in clauses 6.5 and 6.6. The Buyer’s amount is held on acceptance and only collected when the Seller confirms. The Connection Fee remunerates solely the introduction service and is independent of the entry price, which the Buyer pays directly to the Organiser.

7.3. Organiser charges. Some Organisers apply their own charges or costs for name transfers. Those amounts have nothing to do with EntrySwap, which does not provide information about them. It is for each User to check the conditions of the Race’s Organiser.

7.4. Connection Fee pending application. Where the Bib is offered again for reasons attributable to the Buyer under clauses 6.8 or 6.11, the Connection Fee paid by the Seller remains pending application to the next Introduction for that same Bib, and the Seller does not have to pay it again. The Buyer does not have any Connection Fees pending application: where appropriate, their amount is released or refunded to them in accordance with these conditions.

7.5. Refunds and releases. Refunds are made to the same payment method. On the closing date of the Waiting List, or when the Seller withdraws their Bib before that date, EntrySwap refunds any Connection Fee of the Seller that is pending application under clause 7.4. When the Waiting List closes, the amounts held from Buyers whose acceptance has not been confirmed by the Seller are released without any charge. The Connection Fees for Introductions that have already taken place are deemed used, except in the cases of refund to the Buyer provided for in clauses 6.8, 6.9 and 6.11.

8.1. Under the Via EntrySwap Option, the intermediation service is provided immediately and in full when the Buyer confirms the reservation, with their prior express consent and their acknowledgement that, once the service has been performed, they lose their right to withdraw, in accordance with Article 103(a) of the texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (the consolidated text of the Spanish General Law for the Protection of Consumers and Users). Notwithstanding the above, the Buyer bears no cost for as long as the Organiser has not approved the name transfer.

8.2. Under the Via the Organiser Option, the introduction service is provided immediately and in full at the time of the Introduction. By paying the Connection Fee, the User gives their prior express consent to the immediate performance of the service and acknowledges that, once it has been performed, they lose their right to withdraw, in accordance with the same Article 103(a), without prejudice to the refunds and releases provided for in clauses 6 and 7.

8.3. The Bib is a place in a leisure event on a specific date, so the exception in Article 103(l) of the same consolidated text applies to the relationship between the Seller and the Buyer. The conditions for cancelling the entry are, in all cases, those established by the Organiser of each Race.

8.4. Under the Via EntrySwap Option, the Buyer may request the cancellation of a reservation before the Organiser decides on it by writing to info@entryswap.com. EntrySwap will cancel it and release the Hold, provided the Organiser has not approved it.

• To list only Bibs that they hold and for which they can request a name transfer.
• To provide truthful information about the Race, the distance and their entry.
• Not to offer the same Bib through other channels at the same time, and to withdraw it from the Platform as soon as it ceases to be available for any reason.
• Under the Via the Organiser Option, to request the name transfer from the Organiser without delay after the Introduction and to respond truthfully to the verification in clause 6.8.
• Not to demand or accept from the Buyer any amount other than those due under these Terms and Conditions and the Organiser’s conditions.
• To be liable for any damage caused to the Buyer by the falsity or inaccuracy of the data they provide.

Zero tolerance of resale. The Buyer never pays the Seller directly: they pay for the entry to the Organiser or, under the Via EntrySwap Option, through the Platform. If a Seller asks the Buyer for money for the Bib outside those channels, EntrySwap may withdraw their listed Bibs and suspend or close their account in accordance with clause 3.2. Any User may report it to info@entryswap.com.

• To provide truthful and complete personal data for the name transfer.
• To meet the participation requirements established by the Organiser, such as minimum age, category or qualifying times.
• To meet the deadlines set out in these Terms and Conditions and, under the Via the Organiser Option, to complete payment for the entry in accordance with the Organiser’s instructions.
• To respond truthfully to the verification in clause 6.8.
• To accept that EntrySwap does not guarantee that the Organiser will approve or carry out the name transfer.

11.1. Under the Via the Organiser Option, the Seller receives the Buyer’s first name, surname(s) and email address for the sole purpose of requesting the name transfer of the Bib from the Organiser.

11.2. The Seller undertakes not to use those data for any other purpose, not to disclose them to any third party other than the Organiser and to erase them once the name transfer has been completed or has failed. The Seller is liable to the Buyer and to EntrySwap for the use they make of them.

12.1. Under the Via the Organiser Option, a Buyer who has confirmed the name transfer may rate the Seller. The Seller’s average rating and number of ratings, together with their first name and the initial of their first surname, are shown to Buyers before they accept one of the Seller’s Bibs.

12.2. Ratings must reflect genuine experiences and may not contain offensive language, personal data of third parties or data concerning health. EntrySwap may remove ratings that breach this clause.

12.3. A Seller who considers that a rating breaches this clause may ask EntrySwap to review it at info@entryswap.com.

Using the Platform for any of the following is expressly prohibited:

• Listing Bibs that one does not hold or that do not exist.
• Agreeing with another User any payment in addition to those provided for in these Terms and Conditions, on or off the Platform.
• Using false identity details or those of third parties without their consent.
• Circumventing the Platform’s payment mechanisms under the Via EntrySwap Option by means of direct payments between the parties.
• Making reservations, acceptances or Waiting List registrations fraudulently or repeatedly with no real intention of completing the name transfer.
• Carrying out any activity contrary to the legislation in force or to the rights of third parties.

Breach of these prohibitions may result in the immediate suspension of the account, without prejudice to any legal action that may be appropriate.

14.1. Under the Via the Organiser Option, EntrySwap is not bound to the Organiser and does not act on its behalf. The mention of the Race’s name is purely descriptive and does not imply sponsorship, collaboration or endorsement by the Organiser.

14.2. The information that the Platform provides about each Race’s name transfer procedure is based on the Organiser’s public information and is for guidance only. The Organiser’s rules and conditions prevail in all cases.

14.3. An Organiser who does not wish its Race to appear on the Platform may request its removal at info@entryswap.com. EntrySwap will deal with the request within a reasonable period.

14.4. Change of option. If the Organiser of a Race governed by the Via the Organiser Option enters into the collaboration agreement with EntrySwap, the Race becomes governed by the Via EntrySwap Option. Listed Bibs that have not been the subject of an Introduction move to that option, at the price set by the Organiser, and EntrySwap informs their Sellers, who may withdraw them. Name transfers in progress are completed under the option under which they began. Connection Fees pending application are refunded in accordance with clause 7.5.

15.1. EntrySwap acts solely as an intermediary and provider of the Platform. Accordingly, EntrySwap:

• Is not a party to the relationship between the Seller and the Buyer.
• Does not guarantee that the Organiser will approve or carry out the name transfer, and is not liable for the Organiser’s decisions.
• Under the Via the Organiser Option, is not liable for the collection of the entry fee from the Buyer or for the refund to the Seller, which are the Organiser’s responsibility.
• Is not liable for the accuracy of the data provided by Users.
• Does not guarantee the uninterrupted availability of the Platform, without prejudice to its obligation to exercise reasonable diligence to keep it operational.

15.2. Except in cases of wilful misconduct or gross negligence, EntrySwap’s liability to any User shall be limited to the amount of the transaction giving rise to the claim. This limitation does not affect the rights that consumer protection legislation recognises as non-waivable.

16.1. The intellectual and industrial property rights in the Platform (code, design, text, logo and trade mark) belong to EntrySwap or its licensors. Their reproduction, distribution or use without express written authorisation is prohibited.

16.2. Users grant EntrySwap a non-exclusive, royalty-free, worldwide licence to use the content they publish on the Platform, including ratings, for the sole purpose of providing the service.

17.1. EntrySwap may amend these Terms and Conditions. Amendments will be published on this page, stating the date of the update.

17.2. Substantial amendments will be notified by email to registered Users at least fifteen (15) days before they come into force. Transactions begun before the amendments come into force will be governed by the version in force when they began.

18.1. In the event of any disagreement between Users, we recommend first contacting EntrySwap at info@entryswap.com. EntrySwap will act in good faith to help find a solution, although this does not imply any obligation to resolve the dispute in a particular way.

18.2. Users who are consumers may also contact the consumer affairs bodies of their autonomous community or municipality or the consumer arbitration boards.

These Terms and Conditions are governed by Spanish law. For the resolution of any dispute that cannot be settled amicably, the parties submit to the courts of Lleida. Where the User is a consumer, this submission shall in no case deprive them of the right to bring proceedings before the courts of their own place of residence.

For any queries about these Terms and Conditions, the User may contact EntrySwap at the email address info@entryswap.com.