Activchallenge.com Terms of Business | Terms and Conditions of Booking

1^st June 2009 

TERMS OF WEBSITE USE  
This section (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) and the services (“Services”)(“events”)(“race”) listed on our website www.activchallenge.com (our site) to you. Please read these terms and conditions carefully before ordering any Products and/or Services. You should understand that by ordering any of our Products and/or Services, you agree to be bound by these terms and conditions. You should print (if viewing our website) and/or keep a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products and/or Services.

INFORMATION ABOUT US  
1. www.activchallenge.com and www.activadventures.com are sites operated by ACTIV LTD (we”)(“us”)(“our”). We are registered in England and Wales with company number 5051747 and our registered office is F5, 58 Acacia Grove, New Malden, KT3 3BU. Our postal address is PO Box 476, New Malden, KT3 9ED. ACTIV CAMPS LTD is a sister company that owns www.activcamps.com.

YOUR STATUS  
2. By placing an order through with Activ Ltd., either through our site, over the phone, or via post, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old.

BOOKING  
3. Part or full payment received by Activ Ltd. constitutes your acceptance of the booking terms and conditions. Deposits are non-refundable. Acti Ltd accepts payment by cheque and credit or debit card.
4. All bookings, whether by telephone, post or online, will be confirmed in writing or by email. No bookings will be fully confirmed until payment is received.
5. If your booking form cannot be accepted, for whatever reason, the full amount will be promptly refunded.
6 Further details about your event will be sent to you once your booking has been received and accepted.

EVENT / RACE ENTRY REQUIREMENTS  
7. You must be over 18 years of age and under 65 years on the day of the event, unless stated otherwise in Activ Ltd’s promotional for a particular event.
8. You must be able to swim at least 100 metres if participating in events involving water activities, or equivalent to the distance specific for any swim events organised for any events if longer than 100 metres.
9. You must have completed all the relevant forms, including medical details, received by Act Ltd no later than 7 days prior to the commencement of the event.

CANCELLATION & OUR REFUNDS POLICY  
10. If you need to cancel your booking you need to inform us immediately. All cancellations will be acknowledged by Activ Ltd. and are subject to the following cancellation charges:
􀂃 28 + days from start of the event – full refund minus £10 administration fee
􀂃 14 to 28 days – 50 % refund minus £10 administration fee
􀂃 Within 14 days of the start of the event, and on or after the start of the event – no refund
11. Changes may be made to the details of those involved in the event/competitors and their classes (if a race) up to 48 hours prior to the start of the event at no charge. Any details being changed within 48 hours of the start of the event will incur a surcharge of £10, payable at the meet point/registration point on the day of the event.
12. In certain circumstances it may be necessary for Activ Ltd to cancel an event. If this occurs then you will be given the option of transferring to another Activ Challenge event (if a race), or receiving a full refund.
13. Activ Ltd. reserves the right to increase the price of the Activ Challenge event in the event of circumstances arising that are beyond our control.
14. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

CHANGING BOOKING DATES  
15. You may request a change of date for your event (if not a race) but you are subject to costs incurred as a result of any changes being made. Change of dates will also be subject to availability of the chosen new date. No guarantee can be made that a new date will be found. In such a case, you will be liable for all costs incurred up to the date the request for a change was made.

PRICE AND PAYMENT  
16. The price of any Products and/or Services provided by us shall be as quoted on our site from time to time, except in cases of obvious error. Events which are bespoke will be priced accordingly and sent to you in writing or email for you to confirm.
17. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation of that order.
18. We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you confirmation of order, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
19. Payment for all Aciv Challenge events must be by credit card, debit card, cash or cheque. Payment for all events must be made prior to commencement of the dates booked. Time shall be of the essence in respect of payment for Services.
20. We reserve the right to charge the commission rates charged to us by credit card and debit card companies or credit payment companies on payments made by you for Services by credit card or debit card. We also reserve the right to pass on our bank charges to you in respect of each and every cheque received from you that we present at our bank that is returned unpaid to us.

AVAILABLE ACTIVITIES  
21. All information on www.activchallenge.com and on relevant promotional material was correct at the time of print. Activ Ltd. will endeavour to let participants know of any changes that might occur after print. Event details and activities schedule for certain events are subject to change in the event of unsuitable weather or other circumstances beyond our control.

EQUIPMENT  
22. Clients/Competitors might hire equipment from Activ Ltd, eg. ropes, buoyancy aids, mountain bikes, kayaks, etc. It is expected that such equipment is looked after and treated with reasonable care. Neglect of equipment, eg. dragging boats over rocks, abrasions of ropes, etc. will result in Activ Ltd charging the competitor(s) the replacement value of the equipment lost or damaged.
23. Many clients/competitors will hire a SPORTident timing card for some events. Those who do hire this card from Activ Ltd. assume responsibility of the card until it is returned. Any loss or damage will result in the cost of the card being charged to the competitor. The responsibility for the card’s safety and security resides with the competitor.

SWIMMING  
24. You may participate in the activity of swimming during the event. By booking on an Activ Challenge event you acknowledge that you have accurately indicated your proficiency (as appropriate) when requesting the Services. We accept no liability for inaccuracies or omissions in supplying us with information in relation to swimming proficiency.

LOST AND PERSONAL PROPERTY  
25. It is important that you look after your equipment. We advise you to bring adequate locks for your bike at transition points, and storage containers for your equipment to keep it safe and secure.
26. You may want to purchase or hire plastic transition boxes for storing kit and equipment but please be aware that these storage boxes may not be secure if left unattended.
27. Activ Ltd will not take responsibility for any lose or damage to personal or team equipment. We will operate a lost property system but we cannot guarantee the return of lost items. We do ask that all personal items, including all clothing, is bought to the event at the owner’s risk. Identity tagging of expensive equipment is recommended.
28. Please ensure you double check that you do not leave kit at venues and transition points. Any unclaimed items will be given to charity three weeks after the completion of the event.

PHOTOGRAPHY  
29. Activ Ltd staff will take photographs and occasionally film challengers on Activ Challenge events for use in promotional material for future events. It is important that you advise Head Office at the time of booking if you have any objections to your still or moving image being used by Activ Ltd. in future promotional material.
30. You acknowledge that you shall assign all such current and future copyright in any photographs that may vest in you to us as a result of such activity by us. You also waive your right to assert any moral rights in copyright that may vest in you.

HEALTH AND SAFETY  
31. All competitors will have to complete a medical form before competing on an Activ Challenge event.
32. You shall provide us with all up to date, relevant and accurate medical information which we should reasonably be aware of for any person in respect of who the Service is to be provided prior to the commencement of the Service including, but not limited to, medication taken, exclusions from activities on medical grounds, learning difficulties, special needs (the ‘Medical Record’). The failure to provide an accurate and up to date Medical Record may result in your exclusion from certain activities and /or from the event.
33. We reserve the right to cancel your booking with immediate effect if you fail to provide an accurate and up to date Medical Record. In this event you shall not be entitled to a refund and you shall be liable for any additional expenses we incur as a result of such cancellation or termination.
34. Trained medical staff will be at every Activ Ltd event.

CLIENT/CHALLENGER EXCLUSION  
35. We reserve the right to exclude or refuse any person, at any time prior to, or during the Activ Challenge event, if, in our opinion, that person does not abide by the safety rules of the Activ Ltd events. Participants will be excluded from events if they fail to adhere to safety instructions from Activ Ltd staff and marshals. eg. compulsory wearing of buoyancy aids (water activities) and helmets (rock and biking events), alcohol consumption and personal and team kit outlined in entry packs and at registration/briefing. All safety instructions must be adhered to.
36. No refunds will be made to any competitor excluded from an Activ event on safety grounds.

NOTICES  
37. All notices given by you to us must be given in writing to ACTIV LTD at PO Box 476, New Malden, KT3 9ED or via email to info@activchallenge.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

EQUAL OPPORTUNITIES  
38. Activ Ltd is an equal opportunities employer and also welcomes all cients regardless of their gender, ability, race or religion. Each client or competitor attending an event is of equal value and is entitled to equal access of opportunity.

WRITTEN COMMUNICATIONS  
39. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us shall be mainly electronic. We shall contact you by email or in writing or provide you with information by posing notices on our website. For contractual purposes, you agree to this means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.

FEEDBACK AND COMPLAINTS PROCEDURE  
40. Activ Ltd. aims to provide fun, exciting, challenging and rewarding events for all participants and staff in a safe environment. If you are happy with our service please do let others know.
41. If you have any concerns please let us know. Your thoughts and concerns help us develop and improve our service and products. We aim to resolve any problems with our service quickly. An email or phone call will be very much appreciated and we will attempt to resolve the issue to your satisfaction as soon as we can. Concerns should be raised with our Managing Director, Sean Bettinson, at our head office at PO Box 476, New Malden, KT3 9ED or via email to sean@activ.ltd.uk.

INSURANCE  
42. Activ Ltd has Leisure Combined Insurance, underwritten by QBE Insurance (Europe) Limited (QBE). Activ Ltd's insurance is limited to Employers' and Public/Products Liability. Legal liability as an employer for a limit of £10,000,000. Legal liability in respect of injury, loss or damage to third party persons or property for a limit of indemnity of £3,000,000.
43. The insurance policy for Activ Ltd does not at present provide insurance cover in the event of cancellation or personal accident for any participant. Activ Ltd does advise all participants to ensure that they have adequate insurance in the case they cannot attend if injured or ill and if they are injured in an accident during the event. Please contact the Activ Team is you wish to discuss any matters regarding insurance cover.
44. Activ Ltd. does not accept liability for the personal injury, or the death, of any participant, howsoever caused. Neither Activ Ltd., nor any person involved with the organisation and/or instruction on Activ Challenge events, will accept liability for loss or damage to any property belonging, or travelling with a participant. Activ Ltd. does not accept any responsibility for any losses or additional expense due to injury or sickness whilst at an Activ Challenge event, weather, strikes, riots, war, terrorism, quarantine or any other cause beyond their control.

DISCLAIMER  
45. By signing the consent on the booking form you confirm that you have read and accept the disclaimer and these terms and conditions.
46. You acknowledge that Activ Challenge events are physically strenuous, and you acknowledge that participation in Activ Challenge events will be physically demanding on you and you are aware of the associated medical and physical risks involved. You fully understand that some of the events organised by Activ Ltd., in which you will be participating, may (not withstanding expert guidance) include an element of personal risk.
47. You confirm, by completing booking with payment, that you are physically capable of competing in the Activ Challenge event and you therefore understand and state that you participate in all such events with Activ Ltd. entirely at your own risk, that you take full responsibility for your own safety and actions during the event, and you acknowledge that Activ Ltd., and its employees, directors and shareholders shall have no responsibility or liability of any nature whatsoever in respect of your participation before, during or after any Activ Ltd. event.

DATA PROTECTION – PRIVACY POLICY  
48. Activ Ltd is committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the UK Data Protection Act 1998. You can check the information we hold about you by emailing us. The personal information that we hold will be held securely in accordance with our internal security policy and the law. Please ask for our Privacy Policy or visit our website for details.
49. Activ Ltd. is the sole owner of any information collected. We will not sell, share, or rent this information to others in ways different from that disclosed in this statement.
50. The details you provide us in the booking form will be used only by Activ Ltd. to send you information about future Activ Ltd. events. Please let Head Office know if you would like to opt out of this service. If you wish to have your personal data removed from our databases then please contact us by email.

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