CHALLENGE CENTRAL EVENT AGREEMENT - TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms for the provision of The Challenge by Challenge Central Limited, a company registered in England under 07278395 whose registered address is at 24 Tippett Drive, Shefford, Bedfordshire, England, SG17 5RW.

1. Definitions and Interpretation1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” means Your booking for The Challenge;
“Booking Confirmation” means CC’s acceptance and confirmation of Your Booking as described in Clause 2;
“Contract” means the contract for the provision of The Challenge, as explained in Clause 2;
“CC” means Challenge Central Limited, a company registered in England under 07278395 whose registered address is at 24 Tippett Drive, Shefford, Bedfordshire, England, SG17 5RW and includes all employees and agents of Challenge Central Limited;
“Deposit” Means if applicable, an advance payment made to CC under sub-Clause 4.3;
“Price” means the price payable for The Challenge;
“Terms and Conditions” means these terms and conditions as amended from time to time in accordance with clause 12.6;
“The Challenge” means the challenge event which is to be provided by CC to You as specified in Your Booking (and confirmed in the Booking Confirmation);
“You” or “Your” means you the challenger participating in The Challenge provided by CC;

1.2 Each reference to “writing” in these Terms and Conditions and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

2. The Contract

2.1 These Terms and Conditions govern the sale and provision of The Challenge by CC and will form the basis of the Contract between CC and You.  Before making Your Booking, please ensure that You have read these Terms and Conditions carefully.  If You are unsure about any part of these Terms and Conditions, please ask CC for clarification.

2.2 Nothing provided by CC including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Booking constitutes a contractual offer that CC may, at CC’s discretion, accept.

2.3 A legally binding contract between CC and You will be created upon CC’s acceptance of Your Booking, indicated by the Booking Confirmation. Booking Confirmations will be provided to You in writing within 7 days of Your Booking.

2.4 CC shall ensure that the following information is given or made available to You prior to the formation of the Contract between CC and You, save for where such information is already apparent from the context of the transaction:

2.4.1 The main characteristics of The Challenge;
2.4.2 Company identity (set out above in sub-Clause 1.1) and contact details (as set out in Clause 10);
2.4.3 The total Price for The Challenge including taxes;
2.4.4 The arrangements for payment, performance and the time by which CC undertakes to provide The Challenge;
2.4.5 CC’s complaint handling policy;
2.4.6 The duration of the Contract and the conditions for terminating the Contract.

3. Your Booking

3.1 All participants of The Challenge must be either over 18 years old or between 15-17 years old if accompanied by an adult or guardian.

3.2 Your Booking for The Challenge provided by CC made by You is subject to these Terms and Conditions.

3.3 Subject to clause 9 You may change Your Booking after receiving the Booking Confirmation before The Challenge begins.  CC will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that CC will be able to do so.  If doing so means that CC will incur higher costs, CC will inform You and ask how You wish to proceed before taking any action.  CC will not charge You a higher Price without Your agreement.

4. Price and Payment

4.1 The Price of the Challenge will be calculated in accordance with CC’s price list in place at the time of Your Booking.

4.2 CC’s prices may change at any time but these changes will not affect Bookings that CC has already received.

4.3 Multiple day events require a Deposit and remaining balance fee, where single day events are subject to a single fee. The value of the fees is dependent upon The Challenge. The Deposit payable by You will be clearly displayed on CC’s website and during the Booking process.

4.4 In certain circumstances, if Your Booking is cancelled before The Challenge begins, The Price will be refunded in full or in part. Please refer to Clause 9 for cancelation conditions.

4.5 If a Deposit has been paid, the remaining balance of the Price will be payable no later than three months prior to the date of The Challenge.

4.6 Additional items such as out of pocket expenses or any additional items requested by You after the balance of the Price has been paid will be invoiced separately to You.  Please note that CC will not incur any additional expense without Your prior agreement.

4.7 CC accepts the following methods of payment:

4.7.1 Debit / Credit Card
4.7.2 PayPal;
4.7.3 Bank Transfer;
4.7.4 Cheque;
4.7.5 Cash.

4.8 Credit and/or debit cards will be charged online through our PayPal terminal.

4.9 If You do not make full payment to CC by the due date as detailed in Clause 4.5, CC may cancel Your Booking.  If this occurs, CC will retain any payments including your Deposit in full.

4.10 Subject to the sole discretion of CC, the provisions of sub-Clause 4.9 may not apply where You have promptly contacted CC to dispute a Booking in good faith. 

4.11 If The Booking is for a private trip with CC, a minimum participant number and price will have been agreed with the lead participant. If the minimum number of participants decreases, the group will still be required to reach the minimum group price. This may therefore affect the individual cost of The Booking.

5. Providing The Challenge

5.1 Subject to the receipt of all payments due, CC will provide The Challenge as specified on CC’s Website.

5.2 CC will make every reasonable effort to provide The Challenge on time (and in accordance with Your Booking).  CC cannot, however, be held responsible for any delays if an event outside of CC’s control occurs.  Please see Clause 8 for events outside of CC’s control.

5.3 If CC require any further information, items or action from You in order to provide The Challenge, CC will inform You of this as soon as is reasonably possible.

5.4 If the information or items You provide, or the action You take under sub-Clause 5.3 is delayed, incomplete or otherwise incorrect, CC will not be responsible for any delay caused as a result.  If additional work is required from CC to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that You have provided or action that You have taken CC will charge cost price plus £15.00 admin fee for that work.

6. Problems with The Challenge

6.1 CC always uses reasonable efforts to ensure that CC’s provision of The Challenge is trouble-free.  If, however, there is a problem with The Challenge CC request that You inform CC as soon as is reasonably possible (You do not need to contact CC in writing).

6.2 CC will use reasonable efforts to remedy problems with The Challenge as quickly as is reasonably possible and practical in the relevant circumstances.

6.3 CC will not charge You for remedying problems under this Clause 6 where the problems have been caused by CC, any of their agents or employees or sub-contractors or where nobody is at fault.  If CC determines that a problem has been caused by incorrect or incomplete information or items provided by You, or incorrect or incomplete action taken by You, sub-Clause 5.4 will apply.

6.4 When participating in a private group booking, CC and the lead participant of The Challenge may have agreed a target time frame in order to complete The Challenge. If the collective group pace does not meet the minimum agreed pace, CC may be forced to pause, change the itinerary or possibly cancel The Challenge entirely. CC cannot be held responsible for eventualities resulting from the collective pace of the group failing to meet the agreed time frames. No refunds will be made available if such a situation should arise.

6.5 You are responsible for all of Your belongings at all times during The Challenge. You are welcome to leave belongings in any CC vehicle during The Challenge, but You do so at Your own risk. If belongings are left behind after the completion of The Challenge, CC will endeavour to return items to You at cost price, plus a £15 administration fee as soon as reasonably possible. If belongings cannot be found after the completion of The Challenge, CC shall not be required to reimburse You for any costs of lost items. 

6.6 By accepting these Terms and Conditions, You are confirming that You are in an appropriate level of health and physical condition to participate in The Challenge and You acknowledge and accept that The Challenge requires significant training and preparation.

6.7 If You are unable to meet the minimum required pace of The Challenge as documented on the CC website, CC reserves the right to insist that You withdraw from participating in The Challenge. No refunds will be made by CC to You in these circumstances.

6.8 You understand and accept all risks associated with The Challenge including, but not limited to; falls, contact with other participants, body conditions resulting from extreme weather, traffic and road conditions and the type of terrain.

6.9 The use of headphone music is strictly forbidden as it may interfere with Your ability to maintain awareness of Your surroundings.

6.10 Group safety is a priority to CC during The Challenge, which can be delayed, altered or even cancelled if group safety becomes questionable in the eyes of CC staff.  Uncontrollable factors including dangerous weather conditions could force changes or cancellation of The Challenge. The CC group leaders will have the final say on whether The Challenge should be delayed, altered or stopped if group safety becomes questionable in their eyes. No refunds will be made by CC to You in these circumstances.

6.11 Should unforeseen and uncontrollable traffic congestion result in The Challenge being delayed, altered or stopped, the CC group leaders will have the final say. No refunds will be made by CC to you in this circumstance.

6.12 Except in exceptional circumstances, CC requires that during The Challenge You remain between the front and back CC group leaders. CC cannot be held responsible for Your safety if You choose not to stay in the company of the CC group leaders.

6.13 In order to complete The Challenge you must remain in suitable condition for exercise.  The use of drugs, illegal substances and excess alcohol intake will not be tolerated during The Challenge. CC reserves the right to insist that You withdraw from participating in The Challenge if in the reasonable opinion of CC you are not in suitable condition for The Challenge. No refunds will be made by CC to You in these circumstances.

7. Our Liability

7.1 CC provides The Challenge for private purposes. CC makes no warranty or representation that The Challenge is fit for commercial purposes of any kind.  By making Your Booking, You agree that You will not use The Challenge for such purposes.  CC will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

7.2 Nothing in these Terms and Conditions seeks to exclude or limit CC’s liability for:

(a) death or personal injury caused by CC’s negligence (including that of CC’s employees, agents or sub-contractors);or
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

7.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract and these Terms and Conditions.

7.4 CC has 10 million pound Employers Liability insurance and 2 million pound Public Liability insurance. A copy of the insurance document is available upon request to the contact details found in Clause 10.

7.5 This Clause 7 shall survive termination of the Contract.

8. Events Outside of CC’s Control (Force Majeure)

8.1 CC will not be liable for any failure or delay in performing CC’s obligations where that failure or delay results from any event that is outside of CC’s reasonable control.  Such causes include, but are not limited to;, storms, floods, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is outside of CC’s control.

8.2 If any event described under this Clause 8 occurs that is likely to adversely affect CC’s performance of any of CC’s obligations under these Terms and Conditions:

8.2.1 CC will inform You as soon as is reasonably possible;
8.2.2 CC’s obligations under these Terms and Conditions will be suspended and any time limits that CC are bound by will be extended accordingly;
8.2.3 If the event outside of CC’s control continues for more than 7 days, CC will cancel the Contract and inform You of the cancellation;
8.2.4 CC will inform You when the event outside of CC’s control is over and provide details of any new dates, times or availability of The Challenge  as necessary;
8.2.5 If an event outside of CC’s control occurs and You wish to cancel the Contract, You may do so in accordance with Your right to Cancel under sub-Clause 9.3.

9. Cancellation

9.1 You may cancel Your Booking up to three calendar months prior to the date of The Challenge and receive a 50% refund of the price, excluding the non-refundable deposit. 50% of the price (minus deposit) will be refunded within 14 days. If You request that Your Booking be cancelled, You must confirm this in writing. You may transfer the value of Your Payment excluding deposit towards another CC event within the following 18 months from the date of The Challenge.

9.2 You may cancel Your Booking for The Challenge within three calendar months of the date of The Challenge, but You will not be entitled to any refund. You may however transfer the value of Your Booking towards another CC event, minus the non-refundable deposit, within the following 18 months from the date of The Challenge.

9.3 If You wish to cancel the Contract because CC are unable to provide The Challenge due to an event outside of CC’s control, You will not be required to make any further payments to CC and You will receive a full refund of any sums already paid, including the Deposit.

9.4 CC may cancel Your Booking at any time before CC begins providing the Challenge in the following circumstances, resulting in a full refund to You:
9.4.1 The required personnel and/or required materials necessary for the provision of the Challenge are not available and reasonable substitutes cannot practicably be found; or
9.4.2 The minimum number of ten participants is not achieved by CC, three months before the start of The Challenge; or
9.4.3 An event outside of CC’s control continues for more than 7 days (please see Clause 8 for events outside of CC’s control).

9.5 CC shall be entitled to cancel The Challenge and the Contract immediately by giving You written notice in the following circumstances: 

9.5.1 You fail to make a payment on time as required under Clause 4; or
9.5.2 You have breached the Contract in any material way and You have failed to remedy that breach within 14 days of CC asking You to do so in writing.

9.6 If CC cancels Your Booking under sub-Clause 9.5, CC will retain any payments including Your Deposit in full.

9.7 For the purposes of this Clause 9 a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party.  In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

10. Communication and Contact Details

10.1 If You wish to contact CC with questions or complaints, You may contact CC by telephone at 01438 30003301438 300033, 020 3745 5514020 3745 5514 or by email at info@challengecentral.co.uk.

10.2 In certain circumstances You must contact CC in writing.  When contacting CC in writing You may use the following methods:

10.2.1 by email at info@challengecentral.co.uk; or
10.2.2 by pre-paid post at Challenge Central, Letchworth Fitness, Muddy Lane, Letchworth Garden City, Hertfordshire, SG6 3TB.

11. How We Use Your Personal Information (Data Protection)

11.1 All personal information that CC may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

11.2 CC may use Your personal information to:

11.2.1 Provide The Challenge to You.
11.2.2 Process Your payment for The Challenge.
11.2.3 Inform You of new products and services available from CC.  You may request that CC stops sending you this information at any time.
11.2.4 In certain circumstances (if, for example, You wish to pay for The Challenge on credit card) and with Your consent, CC may pass Your personal information on to credit reference agencies. 
11.2.5 CC will not pass on Your personal information to any other third parties without first obtaining Your express permission.

12. Other Important Terms

12.1 CC shall be entitled to transfer, assign or sub-contract CC’s obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party.  In such circumstances You will be informed by CC in writing.  Your rights under these Terms and Conditions will not be affected and CC’s obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

12.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without CC’s express written permission and any agreement for transfer shall be at the sole discretion of CC.

12.3 The Contract is between You and CC. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

12.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

12.5 No failure or delay by CC in exercising any of CC’s rights under these Terms and Conditions shall mean that CC have waived any such right, and no waiver by CC of a breach of any provision of these Terms and Conditions shall mean that CC will waive any subsequent breach of the same or any other provision.

12.6 Except as set out in the Contract and these Terms and Conditions, no variation of the Contract or these Terms and Conditions, including the introduction of any additional terms and conditions, shall be effective unless it is confirmed in writing by CC.

12.7 Any photos taken during The Challenge may be used for CC marketing purposes. Please inform CC at anytime if you do not give permission for photos of You to be used. 

13. Governing Law and Jurisdiction

13.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

13.2 Any dispute, controversy, proceedings or claim between CC and You relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.