Terms and Conditions of Participation
Please read these Terms and Conditions of Participation (“Terms”) carefully before registering for a Radical Rally event (“Event”).
By requesting to join an Event, you confirm that you (together with all persons attending the Event on your booking) agree to comply with them. If you do not agree to these Terms you must not apply to join an Event. Where the context permits “you” and “your” will include you and all persons travelling on your booking.
We amend these Terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time.
WHO WE ARE AND HOW TO CONTACT US
radicalrally.com (“Website”) is a website operated by Radical Rally Ltd trading as “Radical Rally” (referred to as either “Radical Rally”, ”we”, “us” or “our” in these Terms). We are a company registered in England & Wales under company number 11741553 and have our registered office at 498b Blandford Road, Poole, Dorset, BH16 5BN, UK . Our VAT number is GB 314 1013 70.
To contact us, please email us using the contact form here or by calling the number listed on that page.
OTHER TERMS THAT MAY APPLY
- General use of the website is covered by our Website Terms (radicalrally.com/radicalrally-com-terms-of-use/).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
REGISTRATION AND APPLICATION FOR MEMBERSHIP
- If you would like to upload information or materials to the Website, interact with the Website, (including setting up a profile), you must register and become a member.
- When you register as a member you will create a username and password in order to log on and/or access certain areas of the Website reserved for members. We reserve the right to reject usernames or passwords that are defamatory or offensive.
- You will be obliged to keep confidential your username and password and are responsible for all activity on your account. We shall not be liable to you where your account has been used by someone else.
- You agree to notify us immediately on becoming aware of any unauthorised use of your username and/or password and any other security breach.
- You agree and confirm that by registering as a member, you are aged 18 or over and all information provided by you is accurate, true and up to date in all respects and at all times. If you are under age 18, you shall not register as a member (however please see clause 2.5 below).
- You agree to notify us of any changes to your address at any time during your membership (this is required as we may issue materials and Event packs to the address listed on your profile and we cannot be held responsible for packs not received or for any costs of re-reissuing packs to you for this reason).
BOOKING AN EVENT ON OUR WEBSITE
- After creating a membership on the Website, you are eligible to apply to book onto an Event by using the “Apply to Join a Rally” link.
- During this process you will be asked to accept these Terms and on doing so, you will be deemed to have consented to and will be bound by these Terms.
- Details of the Event including, the entry fee, the deposit required, our bank details (or card payment link) and payment schedule for the Event will be listed on the Website.
- You must join the Event with the vehicle you have registered with for that Event, unless otherwise authorised by us in writing.
- You must be 18 and above to participate in an Event as a driver, however individuals aged 14 and above may participate in an Event provided they will not take part in any driving aspect of the Event and may be excluded from some other aspects of the Event.
- A member of Radical Rally will contact you and will provide you with further information about the Event and may request further information from you, including any persons travelling under your booking.
- It is a condition of booking that you and all members of your party provide us with certain information and personal details including but not limited to, full name as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date. It is your responsibility to ensure that all information provided is accurate.
- We reserve the right to refuse entry to an Event in our sole discretion. After you have applied for the Event we will notify you within 30 days if you entry has been successful.
- On payment of the deposit, your place will be confirmed on the Event (note that your deposit is non-refundable except where we agree to refund it in accordance with the Cancellation Terms set out in clause 5 below).
SERVICES AND OUR RESPONSIBILITY TO YOU
- We will arrange for you to receive the travel and services that make up your booking on the Event as set out further under the specific details of that event on our Website (“Services”).
- We shall provide such Services with reasonable skill and care.
- These Services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that the Services are provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of the Services is not provided as described, we will pay you compensation, if appropriate, unless this is due to reasons beyond our reasonable control (as set out in clause 16).
- We have taken all reasonable care to make sure that all Services are provided by efficient and reputable businesses. These business should follow local standards.
- The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore you will benefit from all EU rights applying to packages. We will be responsible for the proper performance of all of the travel services included as part of the Event. If you are in the UK, advice about your legal rights is available from your local Citizens Advice Bureau, Trading Standards Office or CLIA.
- Nothing in these Terms will affect your statutory rights.
FEES & PAYMENT
- Details of what is included and excluded within the entry fee for the Event are listed on the Website.
- Any charges incurred by us as a result of your actions which are excluded from the entry fee (such as failure to pay your hotel bar bill or damage caused to accommodation) will be invoiced by us and shall be payable by you within 7 days.
- All prices for our Events are accurate at the date published by we reserve the right to change any of our prices advertised on our Website from time to time.
- The price quoted on the Website is guaranteed once we have received your deposit, unless you change your booking.
- You will be required to pay a deposit to us for each person when you book, unless this is less than 8 weeks before the Event when the full Entry Fee is payable. The deposit amount will be specified by us in the Website.
- Once confirmed, the deposit will not be refunded in the event of a cancellation except in the circumstances listed in clause 5, or as otherwise required by law.
- All payments shall be made to Radical Rally and must be paid in accordance with the deadlines set out in the payment schedule detailed on the Website. If you don’t make payment when due, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total amount that is outstanding, in accordance with clause 5.
- If you wish to register after the final payment deadline or pay your balance after the final payment deadline, this may incur a late entry fee as detailed on the Website or as otherwise notified to you.
- All fees quoted to you include VAT.
- If we cancel your booking: We aim to provide the Event as booked and agreed. But if, for example, you do not pay the outstanding balance as requested when due (under clause 4.7), we may cancel it and the cancellation charges set out below apply.
- We may also cancel the Event when there are not enough people booked onto the Event (and we have notified you of the minimum number required on the Website as part of the Event information). In these circumstances we’ll give you notice in advance of the Event.
- We reserve the right to cancel the Event booked in any circumstances, but if we cancel your Event (except where you have not paid or for reasons outside of out reasonable control – clause 16) you can either have a refund of all monies paid or accept a place on another Event (subject to payment of additional costs, where the Event is more expensive).
- If you cancel your booking: If you want to cancel your booking, or part of it, you must contact us as soon as possible. Once your booking has been cancelled, you will receive a cancellation invoice from us within 14 days. If you don’t please contact us.
- To cover the cost of processing your cancellation and to compensate us for the risk that we are not able to re-sell your space on the Event, we’ll make a cancellation charge on the scale shown below. You are responsible for paying this charge together with any costs that apply via our third parties, including accommodation, transport providers, which we shall pass on to you.
|Number of days before Event start that you notify us||% of total event fee charged as cancellation charge|
CHANGES TO THE BOOKING
- You must ensure that all names and details are entered correctly during the application process at the time of booking. You will receive confirmation from us once your booking is confirmed and you must contact us immediately if there is something that you need to correct, or if you don’t receive any confirmation from us within 7 days of confirming your booking.
- Your request to change the booking: Where you request a major change to the booking (including but not limited to a change in party size), you will incur charges. Some Services are priced according to the number of people booked, therefore if your party size changes we’ll recalculate your booking costs based on the new number of people going. If fewer people share the Services (such as accommodation), then the cost per person may go up. This extra cost isn’t a cancellation charge.
- Our request to change a booking: Occasionally, we may have to make major changes to travel arrangements or accommodation making up the Event. Where we make a major change (for example, a significant change in destination, a change in accommodation to that of a lower category a change in your travel arrangements with more than 12 hours’ notice), then unless the change is for reasons beyond our reasonable control (where clause 16 applies), if we tell you about any of these changes after we have confirmed your booking on the Event, you may either:
- accept the new arrangements offered by us;
- accept a transfer onto another Event (subject to the payment of any additional charges which may apply in respect of that Event, where an Event cannot be offered of a similar standard and/or price), in which case these Terms shall apply to that booking; or
- cancel your booking with us and receive a refund of all monies paid (including any deposit).
CODE OF CONDUCT
- You must ensure that you conduct yourself in an appropriate manner at all times before, during and after the Event.
- We reserve the right to refuse to accept you on any future Events if we believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abuse, you damage property, you upset, annoy, disturb or put any other participant in our Event or our staff or agents in any risk or danger, on the telephone, in writing or in person.
- You must not consume alcohol whilst driving, drive whilst under the influence of alcohol (or any other intoxicating substance) or drive if your ability to do so is impaired in any way, including lack of adequate rest, or any other condition.
- Our Events are not races and you must ensure that you are aware of and comply with all applicable laws, regulations and codes within the Event countries, including without limitation, speed regulations, visa requirements, laws relating to the safety of your vehicle. You will be responsible for paying tolls and any speeding fines.
- If you are disruptive and prevented from boarding any travel arrangement organised as part of your Event, we will treat your booking as cancelled by you from that moment and you will have to pay full cancellation charges (see clause 5). If this occurs overseas, then you will be responsible for your own return home and any other members of your group who cannot or will not travel with you. We will not be liable for any refund or compensation or any costs or expenses you incur.
- As a result of your behaviour during any stage of the Event, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you and (ii) compensating any passenger, staff or agent affected by your actions.
- If you violate these Terms or refuse to follow the instructions given by us prior to or during the Event then you may be prohibited from any attending any further participation in the Event and/or any future Events.
YOUR BREACH OF THESE TERMS & INDEMNITY
You will indemnify us, including our directors, officers, employees, consultants, agents and sponsors against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and bought against them by any third party as a result of your action or participation in the Event, including without limitation, your violation of applicable laws, regulations or codes or your breach of these Terms.
DRIVING LICENCE AND INSURANCE REQUIREMENTS
- It is a condition of your booking an Event with us that you must hold (in all of the countries where the Event will be held) the following documentation (“Documentation”):
- a current passport along with any other visa or immigration requirements; and
- medical insurance; and
- personal liability insurance,
in all cases disclosing to the insurers that you are participating in the Event.
- It is a condition of your booking an Event with us that you must hold (in all of the countries where the Event will be held) the following documentation if you intend on participating in any driving during the Event (“Driver Documentation”):
- a full valid and unrestricted driver’s licence; and
- appropriate vehicle insurance to cover participation in the Event. This includes, without limitation, as a minimum, third party motor insurance; and
- vehicle on hire certificate (if hiring a car),
in all cases disclosing to the insurers or hire company that you are participating in the Event.
- Whilst we check Documentation and/or Driver Documentation during registration, obtaining the Documentation and/or Driver Documentation is your sole responsibility and we shall not be held liable or responsible in any way if you cannot participate in the Event (or any part of the Event) due to your non-compliance with this clause 9.
- All Documentation and/or Driver Documentation must be in satisfactory condition, intact, and must not have been damaged or tampered with.
- It is a condition of your booking an Event with us that you must hold (in all of the countries where the Event will be held) the following documentation (“Documentation”):
- Any accommodation we arrange for you as part of the Services must only be used by those people named on your booking confirmation. You are not allowed to share the accommodation or let anyone else stay there.
- You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to paid locally.
THE CONDITIONS OF YOUR TRAVEL TICKET
You agree that the transport company’s own Conditions of Carriage will apply to you on that journey.
- You acknowledge that the Event may be sponsored by one or more of our corporate sponsors (“Sponsors”) and as part of your participation in the Event you hereby agree that sponsorship stickers may be placed on, or you may be required to place on, your vehicle at all times during the Event (stickers are non-permanent and designed to be applied to vehicles without damage, however we do not accept any liability for any damage caused in this event).
INTELLECTUAL PROPERTY & IMAGE RIGHTS
- Unless otherwise noted, the Website together with all materials produced as part of the Event, including product names, details, descriptions, photographs, illustrations, videos (“Contents”) are the sole property of Radical Rally and/or its licensors. The Contents are protected from unauthorised copying and dissemination by copyright, trademark law, international conventions and other intellectual property laws and may not be reproduced, republished, transmitted, distributed, or used on any other website without our prior written consent.
- The Event may be photographed and/or filmed and you hereby provide us with your consent to use your name, image, likeness, voice and material in connection with any such footage, publicity and all related promotional material.
- You can write to us if you would like us to stop using a photo and we will consider your request.
- You are permitted to take your own photos and/or videos of the Event provided that they are taken solely for non-commercial purposes.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- Our responsibility for loss or damage suffered by you if you are a consumer. We only supply the Services, for your own individual domestic and private use. You agree not to use the Services in the course of any business, or for any commercial, business or re-sale purpose. We therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- In addition, we do not accept responsibility for, or liability in respect of, or costs in connection with:
- you being refused entrance or exit into or out of any country during the Event;
- any loss or damage caused by you to any property or person whilst participating on the Event;
- maintenance or safety of your vehicle. If you break down during the Event, we will assist you if and to the extent reasonably possible, however it will up to you to get your vehicle going again (no refunds will be given if you are unable to complete the Event as a result);
- your breach of Code of Conduct (in clause 7) including non-compliance with applicable laws, regulations or codes;
- your breach of Driving Licence and Insurance Requirements (in clause 9);
- any third party claims bought against you as a result of your participation in the Event; or
- any missed transport or accommodation arrangements or administration fees chargeable in respect of such.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES
- Our Website may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked.
- You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them and approved their content or their privacy policies (if any).
EVENTS BEYOND OUR REASONABLE CONTROL
Events beyond our reasonable control include but are not limited to: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested travel ports, traffic delays, hurricanes and other actual or potential sever weather conditions and other similar events.
HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with complaints). If you think the Event, or any Services we provide, is mis-described or wish to contact us for any other reason please contact us via email at [email protected].
HOW WE WILL COMMUNICATE WITH YOU
If you book via our Website we will communicate with you using the email address you have provided to provide your confirmation, cancellation etc. We will assume that your email address is correct and that you understand the risks associated with using this form of communication.
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.
- You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- These Terms represent the entire agreement and supersede any earlier warranties, representations, statements or agreements (whether written or oral). You acknowledge that in entering into these Terms, you have not relied on any, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms.
- Any notice under these Terms or required by statute, law or regulation shall be delivered in person, sent by registered mail, properly posted and fully pre-paid in an envelope or sent by facsimile to the respective parties at their respective addresses, which in the case of Radically Rally shall be its registered office, detailed above.
- This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- If you are unhappy with any aspect of the Services, please contact us on the contact details set out on our Website.
- Nothing in these Terms shall create a partnership or agency between the parties.
- If a dispute arises between the parties in relation to the Terms in any way, the parties shall first try in good faith to amicably resolve the dispute within 28 days of the dispute arising.
- These Terms are governed by English law and you can bring legal proceedings in respect of this contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of this contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of this contract in either the Northern Irish or the English courts.
Revised: 28th February 2019