PARTICIPANT BOOKING CONDITIONS

Please ensure that you have read and understood the itinerary of your chosen challenge/ride, and/or the RTE website (www.ridetourexplore.co.uk) regarding the style of our challenges/rides. These terms and conditions remain valid until superseded.

Your contract is made with Ride Tour Explore Limited (‘RTE’) whose registered office is at 36 High Street, Saltney, Chester (Company No. 10540168). RTE accepts bookings subject to you agreeing the conditions set out below:

Definitions:-

a)  Agreement The information contained in the Participant Booking Conditions, Brochure, itinerary of the chosen challenge, and the RTE website (www.ridetourexplore.co.uk)

b)  Booking Conditions The Agreement made between RTE and you.

c)  Challenge/ride Chosen event undertaken by you.

d)  Challenge/ride Documents Documents containing details of the challenge/ride, including itinerary, kit lists, further information, cost and payment information sheet registration fees, minimum sponsorship and challenge/ride costs, challenge/ride dates.

e)  Challenge/Ride Leader The person who leads each Challenge on behalf of RTE.

f)  Charity The Charity or Organisation chosen to receive sponsorship raised by you.

g)  RTE website www.ridetourexplore.co.uk

h)  POA Payment Option A Raising the Minimum Sponsorship required to participate in the Challenge

i)  POB Payment Option B Self Funding Option whereas the participant pays challenge/ride costs

j)  Sponsors Those who have elected to sponsor you through financial means.

k)  Supplier a company/person not employed by RTE who provides services regarding the challenges/rides.

1. Registration

1.1 To register for the challenge/ride for either POA or POB you must pay the Registration Fee/Deposit as detailed in the Challenge Documents and/or the RTE website when returning the completed registration form to the office or on the RTE website. The Registration Fee/Deposit is non-refundable unless we cancel the challenge/ride for any reason other than war, threat of war, civil strife, natural, man-made or nuclear disaster, industrial dispute, bureaucratic obstacles, terrorist activity, adverse weather conditions, fire or similar events. Registration Fees/Deposits paid by credit card will incur a 2% booking fee.

If your registration is successful, confirmation will be sent to you within 14 days of RTE receiving your application. If the challenge/ride is full, you will be provided with the dates of other departures, given the chance to register on another challenge/ride, or refunded your Registration Fee/Deposit.

1.2 When you register for the challenge/ride you undertake that you have the authority to accept and do accept these Booking Conditions. A contract will exist when RTE issues you with confirmation of your acceptance onto the challenge/ride, together with a receipt for your Registration Fee/Deposit. You are not considered registered with RTE until such time as RTE receives cleared funds in respect of the Registration Fee/Deposit.

These Booking Conditions in conjunction with the information set out in the challenge/ride documents of the chosen challenge/ride and the RTE website form the entire agreement between RTE and yourself.

1.3 No employee of RTE other than a director has authority to vary or omit any of these terms or promise any discount or refund with regard to the cost of the challenge/ride. Any such amendments may only be made in writing.

2. Participation

2.1 You need to be a minimum of 18 years old, in suitable physical condition to undertake the challenge/ride as set out in the itinerary and be fully aware of the possible risks inherent in adventure travel.

2.2 The whole philosophy of this type of challenge/ride is one which allows alternatives and a substantial degree of on-tour flexibility. The outline itineraries given for each challenge/ride must therefore be taken as an indication of what each group should accomplish and not as a contractual obligation on our part. It is a fundamental condition of joining any RTE challenge/ride that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible.

2.3 Your ability to participate in the challenge/ride will be subject to the availability of places. RTE will allocate places on a first-come, first-served basis for those who properly complete the registration formalities. If no places are available for your chosen challenge/ride, after discussion bookings may be transferred to an alternative challenge/ride or date.

2.4 RTE reserves the right on reasonable grounds to decline your request to register and participate in the challenge/ride. Your entitlement to participate depends on RTE being satisfied that there are no circumstances under which we ought properly to decline your participation in the challenge/ride. Our decision on your participation shall be final and binding. We will not exercise this right against you unless there are clear grounds for us to do so. In any circumstances where RTE decides that you may not participate in the challenge/ride your Registration Fee/Deposit will be refunded to you in full.

2.5 You must comply with the laws and regulations of the countries visited and comply with all reasonable instructions of the Challenge/Ride Leader relating to the safety and organisation of the challenge/ride. If in RTE’s opinion, any accommodation manager or other person in authority feels that you are behaving in such a manner as to cause danger, distress or annoyance to others or cause damage to property, your challenge/ride arrangements may be terminated by us or the Supplier concerned. In such an event, RTE shall have no liability to you and will not be responsible for making any refunds, paying any compensation or meeting any costs or expenses you incur as a result. Furthermore, you must meet any expenses RTE incurs as a result of your behaviour.

2.6 You agree that the information you provide to RTE and/or the Charity is accurate and that RTE may pass all necessary and relevant information, which we hold to our agents for the purpose of marketing and administering this challenge/ride. RTE shall not subject any personal data about you to any processing except as may be required for the purposes of the challenge/ride. RTE shall not transfer such personal data to any third party except as may be necessary for the purposes of the challenge/ride.

2.7 You agree that any photography taken prior to, during, or after the challenge/ride, which may include you in it, may be used in publicity material connected with the challenge/ride.

2.8 Most participants complete the challenge/ride they undertake. However, if you are obliged to cut your challenge/ride short due to ill-health or for any other reason, there is no refund of National Park fees, or flight and accommodation costs. Any additional accommodation and/or transfer fees, flight and accommodation costs are your responsibility.No credit or refunds will be given if you fail to take up any component of your challenge/ride, or if you lose, mislay or destroy any travel documents.

2.9. If you were the last person to join a challenge/ride and by eight weeks before the challenge/ride departure there is no-one to partner you up with, then a single supplement fee may be charged dependent on challenge/ride location. Should a participant of the same sex join the tour after you have paid the single supplement fee, you will be refunded.

2.10 Medical Treatment: it is a condition of joining a challenge/ride that in cases of emergency the RTE representative has your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.

2.11 You are responsible for presenting yourself to take up all pre-booked components of your challenge/ride.

3. Challenge/ride payment and costs

3.1 If you have chosen POA, you must pay the Registration Fee/Deposit on registering (please check the RTE website for the very latest prices), and raise the minimum amount of sponsorship as shown in the Challenge Documents. RTE must receive from the Charity confirmation that you have provided to them 80% of the minimum sponsorship and pledges for the remaining 20% at least eight weeks prior to the departure date of your challenge/ride. All outstanding sponsorship must be sent to the Charity within six weeks of completing the challenge/ride, or as instructed by the Charity. If you do not raise the minimum sponsorship you will not be entitled to participate in the challenge/ride unless you pay to the Charity the balance of the minimum sponsorship, and the Charity confirms to RTE that they approve you as a participant. Failure to do so will mean non-participation in the challenge/ride. If you have successfully raised the minimum sponsorship, the Charity will pay the challenge/ride cost arrangements, and any surplus of the sponsorship will be retained by the Charity.

3.2 If you have chosen POB, you must pay the Registration Fee/Deposit (please check the RTE website for the very latest prices) on registering, and must pay the challenge/ride cost and if applicable any price increase, at least eight weeks prior to the departure date of your challenge/ride. RTE reserves the right to treat any arrangements as being cancelled by you if such payment is not received 8 weeks prior to departure. If you register within sixty days of departure, the full cost should be paid at the time of registration.

3.3 You are not entitled to participate in the challenge/ride unless RTE has received written authority from the Charity that they are satisfied that you may participate in the challenge/ride and full payment of the challenge/ride cost has been received from the Charity under POA, or you under POB.

3.4 You are responsible to pay for your personal equipment, tips, government imposed fees*, additional food and drink, personal spending money, transport to and from the Challenge location (unless RTE formally specify that it is included), travel insurance (see clause 12), single supplement*, amending confirmed details* and any other activities not included in the itinerary. (*If applicable).

3.5 RTE’s Registration Fee/Deposit is fixed at the time of registration and will not be subject to surcharges. The challenge/ride cost may alter, to allow for changes in costs by suppliers or any government action including but not limited to new or increased taxes such as VAT, or to allow for fluctuations in the price of fuel, or if the number of participants is less than the minimum number required. Under these circumstances RTE reserves the right to increase the challenge/ride cost payable by you under POB from the quoted price.

3.6 Where RTE notifies the Charity under POA or you under POB of a price increase above the full cost, and the Charity or you have not within 14 days notified RTE in writing that the Charity or you accept the same, RTE may terminate this contract.

4. Sponsorship

4.1 You agree that you will not use the challenge/ride to raise funds for any cause other than the charity named in your registration form. If you cancel, or you are required to withdraw from the Challenge, you will be required to send all sponsorship money collected or received, directly to the Charity. This money will be retained by the Charity unless the Sponsor has requested that it be returned to them.You must not start to collect sponsorship until you have received written confirmation of your registration from RTE. All sponsorship money should be sent directly to the Charity and not to RTE. The sponsorship shall be treated as a donation to the Charity.

5. Special requests

5.1 In the event that you wish to change a booking previously confirmed by RTE in writing, RTE will make every effort to assist you. You will be charged an administration fee for any such amendments. All changes will be subject to availability. You will also be responsible for any unrecoverable charges or expenses in making such amendments. If the challenge/ride you wish to move to has a higher Registration Fee/Deposit, insurance premium, minimum sponsorship level, or challenge/ride cost, you will be responsible to pay the difference.

6. Cancellation

6.1 Certain amendments (such as postponing your participation to a future challenge/ride) made by you within eight weeks of departure will be treated as cancellations and re-bookings. The normal cancellation charges will apply (see below). All amendments and cancellations should be confirmed to RTE in writing. Cancellations are only effective from the day that they are received by RTE. Recorded Delivery is essential. Your insurance policy may refund much of your costs if cancellation is due to certain specified factors.

Period before departure Cancellation Charge
56 days to 50 days 60% of challenge/ride cost
49 days to 36 days 70% of challenge/ride cost
35 days to 29 days 90% of challenge/ride cost
Within 29 days 100% of challenge/ride cost
Departure date or no show 100% of challenge/ride cost

6.2 RTE reserves the right in any circumstance to cancel the challenge/ride. However, in no case will RTE cancel your challenge/ride less than eight weeks before the scheduled departure date unless it is for reasons outside of our control. If RTE has to cancel your challenge/ride before the date of departure (other than where Force Majeure or clause 2.8 apply) you will be offered either (i) an alternative challenge/ride of comparable type, though if the alternative offered is at additional cost, the difference will be payable by the Charity under POA or you under POB, or (ii) a full refund of your Registration Fee/Deposit, in either case being the only recompense which will be due to you.

In exceptional circumstances where there are less than the minimum number of participants required to operate the Challenge, RTE reserves the right to cancel the challenge/ride, and will not do so later than eight weeks prior to the challenge/ride departure date. In these exceptional circumstances, the Registration Fee/Deposit will be returned to you in full along with any additional monies you have paid to RTE. RTE will not be liable to you for any incidental expenses that you may have incurred as a result of your booking, such as connecting transport.

6.3 Very rarely, RTE maybe forced by Force Majeureto change or terminate the challenge after departure but before the scheduled end of your time away. This is extremely unlikely but if the situation does occur, RTE regret it will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result. (See clause 8.4)

6.4 Subject to Regulation 14 of the Package Travel Regulations, RTE reserve the right to cancel or curtail the challenge/ride at any time if in the reasonable opinion of RTE or the Challenge/Ride Leader it would be unsafe or would risk the health of any participant to commence or continue with the challenge.

7. Challenge documentation

7.1 The itineraries, brochure, costs and payment information, challenge/ride dates, fundraising tips and ideas, registration form, further information and kit lists, Travel Insurance for each challenge/ride, medical questionnaire and other details are published in good faith as statements of intention only and reasonable changes to the itinerary, vehicle and equipment use, may be made where deemed necessary or advisable.

8. Challenge itinerary

8.1 In an adventure challenge/ride the itinerary may be and often is changed at short notice due to changing weather patterns, wildlife movements, and other factors out of our control. While RTE makes all proper and reasonable efforts to maintain the advertised itinerary we do not guarantee that we can keep to the intended itinerary. Therefore, RTE reserves the right to amend the itinerary of any challenge/ride as and when it may become necessary to do so. If there is a minor modification before you depart, RTE will try to notify you, although we are not obliged to do so, nor is RTE obliged to pay any compensation. RTE is not liable for any penalty charges associated with ‘supersaver’ type connecting rail or air fares, in the event of a change to a tour departure date, time, or place. Departure timings and carriers are subject to change and all details given to you are for guidance only. Confirmed details will be as shown on your final joining instructions. Should a material change become necessary RTE will inform you as soon as reasonably possible. You may decide whether or not to accept the change although you must let RTE know within seven days. A material change includes one made to your travel arrangements before departure involving change of location, or a change of date by more than 24 hours. If RTE alters the mode of transportation on the challenge, then this is not a material change and RTE will not be under any obligation to notify you of any such change in advance.

8.2 As RTE does not control the day-to-day management of your accommodation, it is possible that we may be advised that the reserved accommodation may not be suitable or available to you upon arrival. If this happens, RTE will endeavour to provide accommodation of at least the same standard in the same area.

8.3 If RTE is required to change the itinerary during the challenge/ride, the Challenge/Ride Leader will arrange the best alternative. This decision will rest on the sole judgement of the Challenge/Ride Leader. The decision of the Challenge/Ride Leader is final.

8.4 Force Majeure: RTE is not responsible for changes which arise as a result of situations outside of our control such as technical or maintenance problems with means of transportation, changes imposed by re- scheduling or cancellation of flights by an airline or main charterer, war or threat of war, civil strife, industrial disputes, natural disasters, bad weather, bureaucratic obstacles or terrorist activity.

8.5 As all of RTE’s itineraries are different, and modes of transportation used differ with each itinerary. In prepared itineraries, transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time. Accordingly, the times and other forms of transport are estimates only and cannot be guaranteed. Internal flights are particularly vulnerable to change.

8.6 The availability or provision of accommodation is subject to the ‘house rules’ of the accommodation or site. This challenge/ride may be taking place where travel and accommodation standards are less developed. Standards of accommodation will vary from extremely basic to adequate and in some locations, you may have to do without essential services.

9. Conditions of suppliers

9.1 RTE is not a carrier or provider of accommodation. Each journey (whether undertaken or not) by land, sea or air is governed by the conditions of the carrier undertaking to provide that carriage. Some of these conditions limit or exclude liability and are often the subject of international agreements. Copies of applicable conditions are available for inspection at the offices of the carrier concerned.

10. Transportation delays

10.1 RTE has no control and accepts no liability whatsoever for cancellations and delays, which are subject to operational decisions by carriers, airlines and/or traffic control authorities. You are responsible for check-in at the correct time and for presenting yourself to take up all pre-booked components of your challenge/ride.

If transportation delays mean that any additional transfers are required to enable you to join the group these costs must be met immediately by you and should later be reclaimed under your insurance policy if applicable.

11. Liability

11.1 Participants together with their personal property including baggage are at all times solely at their own risk. RTE accepts responsibility for the negligent acts and/ or omissions of our employees, while acting within the scope of or in the course of their employment, and for any deficiencies in the services RTE is contractually obliged to provide or the failure of such services to reach a reasonable standard.

11.2 Except in respect of death or personal injury caused by the negligence of RTE, or as expressly provided in this Agreement, RTE should not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, of any duty at common law, or under the expressed terms of the Agreement, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of RTE, its servants or agents or otherwise) which arise out of or in connection with the provision of any services under the Agreement and the entire liability of RTE and or in connection with the Agreement should not exceed £5,000,000.

Subject to the limitation provisions detailed above RTE does not accept responsibility or any losses suffered by any person taking one of our challenges/rides as a result of (but not limited to) physical exertion for which a participant is not prepared; forces of nature; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; lack of or limited access to medical attention in remote locations; and the adequacy of medical attention once provided;

Subject to the limitation provisions detailed above RTE does not accept responsibility of any losses suffered by any person taking one of our challenges/rides as a result of (but not limited to) any excursion not provided for in the itinerary, whether or not such excursion is organised by our employees, agents, sub- contractors or Suppliers.

11.3 RTE does not accept any responsibility for disruption, inconvenience, cancellation or alteration to challenges/rides due to problems caused directly or indirectly by computer problems, where these problems are not our fault or the fault of our Suppliers or could not have been avoided even though all reasonable care has been taken.

11.4 If you book any additional activities locally, which is not part of the original challenge/ride itinerary, your contract for the operation of the activity is with the local company operating the activity.

11.5 Please note that your statutory rights as a consumer are not affected by this Agreement.

12. Travel Insurance

12.1 In order to participate in a RTE Event, you need to have adequate Travel Insurance.

12.2 You will need to provide us with details of your own personal Travel Insurance.

It is not administratively possible for RTE to vet each and every participant’s own personal travel insurance policy. Therefore you are responsible for ensuring that you have adequate personal Travel Insurance, with protection for the full duration of the challenge/ride in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment. You should ensure that there is no exclusion clauses limiting protection for the type of activities included in the challenge/ride.

12.3 No insurance policy covers every possible accident that may arise. You are therefore requested to consider for yourself the wording of the policy provided and which is compulsory for this challenge/ride.

12.4 You should take the original copy of the Travel Insurance policy on the challenge/ride, and leave a photocopy at home.

13. Risks and indemnity

13.1 An adventure challenge/ride is not without risks. You must be adequately fit to cover the distances and undertake the programme set out in your challenge/ride itinerary. You therefore take part entirely at your own risk. In addition you agree to indemnify RTE and the Charity against claims for loss or damage to personal property or for loss or consequential losses or claims through your participation in this challenge/ride arising from your own actions.

13.2 Cyclists must wear a helmet meeting UK standards when riding and must wear other safety clothing or equipment as may be required in the country concerned or under the rules and regulations of any local service provider of any activity undertaken by you. For water-based activities you must be able to swim 50 metres fully clothed.

14. Complaints

14.1 RTE will do our very best to ensure that your challenge/ride arrangements go according to plan. However, if you have a complaint arising out of what RTE has agreed to provide for you please let us know at the earliest opportunity, if necessary by calling the RTE UK office from wherever you may be.

If a problem arises during your challenge/ride, it is important that you advise the Challenge/Ride Leader and the Supplier at the earliest opportunity who will endeavour to put things right.

If your complaint cannot be resolved locally you should advise RTE within 28 days of returning from the challenge/ride, in writing, with all other relevant information. Your letter will be given prompt attention. If you fail to follow this procedure, RTE will not accept responsibility, as we would have been deprived of the opportunity to investigate the matter and hopefully rectify any problem. Failure to complain on the spot will result in the client’s ability to claim compensation from RTE being extinguished or at least reduced.

14.2 Any dispute or difference between the parties arising out of or in connection with this Agreement shall be referred to a single mediator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Law Society of England and Wales.

15. Assignment

15.1 This Agreement and all the rights under it may be assigned or transferred by RTE.

15.2 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement. The failure by either party to enforce at any time or for any period one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

16. Terms of Booking Conditions

16.1 The contract between RTE and you, and these Booking Conditions are governed by and construed in accordance with English law. All parties agree to submit to the exclusive jurisdiction of the English Courts.

No failure or delay on the part of RTE in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by RTE of any breach of this Agreement by you should be considered as a waiver of any subsequent breach of the same or any other provision.