Our Terms and Policies

Version 1.1.0 - Last Updated 1st October 2010

This page, together with the documents referred to on it, tells you the terms under which we accept bookings and payments. These Challenge And Payment Terms are an addendum to our General Terms.

1. General

   1. These terms apply to bookings and payments made on our website.

   2. Before booking a challenge or making a payment you should:

      1. make sure that your personal details are complete and accurate;

      2. read and understand these terms.

   3. Please click on the button marked "I Accept" at the end of these terms if you accept and agree to them. If you refuse to accept these terms you will not be able to book a challenge on our website.

2. Definitions

   1. By "terms" we mean these Challenge And Payment Terms, our General Terms, our Privacy Policy and our Registered User Terms.

   2. By "individual challenge" we mean a challenge which is not hosted as an event.

   3. By "event" we mean a challenge which is hosted as an event.

   4. By "sponsorship requirement" we mean a minimum amount of sponsorship which you are required to raise by the sponsorship deadline in order to qualify for a sponsorship funded challenge. Please read the Sponsorship Funded section for more details.

   5. By "sponsorship deadline" we mean 14 days before the date of your challenge.

3. Your Status

   1. By booking a challenge through our website, you warrant that:

      1. you are at least 18 years of age;

      2. you are legally capable of entering into binding contracts;

      3. you are resident in one of our serviced countries;

      4. you are using our website from one of our serviced countries.

   2. If you are not legally capable of entering into binding contracts or not at least 18 years of age then we may, acting lawfully, either refuse to accept your booking or require your parent or guardian to contract on your behalf or provide any appropriate consent.

4. How The Contract Is Formed Between You And Us

   1. After booking a challenge, you will receive a booking reservation email from us acknowledging that we have received your booking. This does not mean that your booking has been accepted. Your booking constitutes an offer to us to organise a challenge and we do not have to accept your booking. We will act in accordance with the law when deciding whether or not to accept your booking.

   2. Subject to clause 3.1, a contract will come into existence and these terms shall become binding on you and us when we issue a booking confirmation email.

5. Our Status

   1. Sometimes, we accept bookings as agents on behalf of third parties. The resulting legal contract is between you and that third party. It is subject to the terms and conditions of that third party. The third party will advise you of their terms and conditions directly. You should carefully review the third party terms and conditions which apply to your booking.

   2. The responsibility for all of our challenges which are provided by third parties rests solely with the third party. Any queries or complaints in connection with your challenge should be addressed directly to the third party concerned. You must comply with the third party's rules at all times. You agree to carry out your challenge and all associated training strictly in accordance with the instruction provided to you by the instructors at the location at which we have arranged your challenge.

6. Payment Methods

   1. There are two payment methods offered by us:

      1. self funded;

      2. sponsorship funded.

   2. Some products are restricted to one payment method. We are under no obligation to offer both payment methods for any product. If both payments methods are available, you are asked to choose between them when you book.

   3. If you choose the self funded payment method then:

      1. you pay for the challenge.

      2. you may be given a sponsorship target which they should try to meet by the date of the challenge.

      3. you can still take part in the challenge if you do not meet your sponsorship target.

   4. If you choose the sponsorship funded payment method and you are fundraising for a CHARITY WHICH IS LISTED ON OUR WEBSITE then:

      1. you are required to achieve at least the sponsorship requirement by the sponsorship deadline.

      2. if you achieve the sponsorship requirement by the sponsorship deadline then we will invoice your charity for your outstanding challenge costs. If you have paid a deposit you can request reimbursement from your charity.

      3. if you do not achieve the sponsorship requirement by the sponsorship deadline then you have the option of:

         1. paying the remaining sponsorship out of your own pocket in order to reach the sponsorship requirement;

         2. transferring to the self funded payment method in which case you pay for the challenge;

         3. at your charity's discretion, signing a pledge to raise the remaining sponsorship after your challenge (in which case we will still invoice your charity for your challenge costs as normal);

         4. not participating in the booked challenge.

      4. if you do not achieve the sponsorship requirement by the sponsorship deadline and you choose option 6.4.c.iv. then:

         1. you will not be able to take part in the booked challenge;

         2. you will lose all monies paid;

         3. if possible, you will be given the opportunity to rebook the challenge for a later date;

         4. if you are able to rebook the challenge then you must do so within 14 days of the date of your original challenge.

      5. If you rebook the challenge in accordance with 6.4.d.:

         1. you may be required to pay a new registration fee;

         2. you may be required to pay a new deposit;

         3. you may be given a new sponsorship deadline;

         4. you may be required to pay our reasonable costs in connection with rebooking the challenge.

         5. If you do not rebook the challenge in accordance with 6.4.d. and 6.4.e. then:

            1. your challenge booking will be cancelled;

            2. you will lose all monies which have already been paid in relation to your challenge booking.

   5. If you choose the sponsorship funded payment method and you are fundraising for a CHARITY WHICH IS NOT LISTED ON OUR WEBSITE then:

      1. you are required to achieve at least the sponsorship requirement in the specified forms (cash and online) by the sponsorship deadline.

      2. if you achieve the sponsorship requirement in the specified forms (cash and online) by the sponsorship deadline then you may pay for your outstanding challenge costs using your cash fundraising. If you have paid a deposit you can reimburse yourself using your cash fundraising.

      3. if you do not achieve the sponsorship requirement in the specified forms (cash and online) by the sponsorship deadline then you have the option of:

         1. paying the remaining sponsorship out of your own pocket in order to reach the sponsorship requirement;

         2. transferring to the self funded payment method in which case you pay for the challenge;

         3. not participating in the booked challenge.

      4. if you do not achieve the sponsorship requirement by the sponsorship deadline and you choose option 6.5.c.iii. then:

         1. you will not be able to take part in the booked challenge;

         2. you will lose all monies paid;

         3. if possible, you will be given the opportunity to rebook the challenge for a later date;

         4. if you are able to rebook the challenge then you must do so within 14 days of the date of your original challenge.

      5. If you rebook the challenge in accordance with 6.5.d.:

         1. you may be required to pay a new registration fee;

         2. you may be required to pay a new deposit;

         3. you may be given a new sponsorship deadline;

         4. you may be required to pay our reasonable costs in connection with rebooking the challenge.

      6. If you do not rebook the challenge in accordance with 6.5.d. and 6.5.e. then:

         1. your challenge booking will be cancelled;

         2. you will lose all monies which have already been paid in relation to your challenge booking.

7. Challenge Costs

   1. Challenge costs may change at any time, but changes will not affect bookings in respect of which we have already sent you a booking confirmation.

   2. Except where explicitly specified, the total challenge costs exclude costs and expenses relating to:

      1. travel;

      2. accommodation;

      3. any additional steps you may have to take in order to take part in a challenge. For example, getting a medical report or other approval.

      4. You are responsible for meeting all of the additional costs and expenses including those outlined above.

   3. Some of our challenges are provided by third party challenge organisers. If you book a challenge which is provided by a third party challenge organiser and that third party challenge organiser is not VAT registered then no VAT will be charged to you for their services. In this case, for tax purposes, their services will be classed as disbursements. In this case their services are being purchased for your use. We are acting as your agent and you agree, and give your permission, for us to arrange and pay for their services on your behalf. The whole charge for their services will be passed to you, without adding anything, as a separate item on your invoice. The item will be clearly identified as a disbursement. The charge for our services may or may not be included on the same invoice but in any case will separate from the disbursements and will be subject to VAT. If that third party challenge organiser is VAT registered then VAT will be included in the charges to you for their services.

8. Refunds, Cancellations And Consequences Of Cancellations

   1. You are given the opportunity to check your booking and cancel it or amend its content prior to its final submission to us.

   2. An email receipt will be sent from us to you via email once your transaction is authorised. This is in addition to your booking reservation and booking confirmation.

   3. You have a 7 day cooling off period, beginning the day after your transaction, to request a refund. After this 7 day cooling off period has elapsed you agree that we may begin to organise your challenge and provide our services immediately. Once we have issued a booking confirmation and begun to provide our services you may not cancel or amend our contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulations 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example because of our wrong doing or because of something which we have omitted to do.

   4. If you have purchased goods, you have a 7 day cooling off period, beginning the day after you receive the goods, to request a refund for the goods. You may also cancel your order at any time before you receive the goods. In these cases you will receive a full refund of the price paid for the goods.

   5. To cancel your order, you must inform us in writing. You must also return the goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

   6. When you return goods to us:

      1. because you have cancelled the order before the 7 day cooling off period has elapsed (see clauses 8.3. and 8.4.), we will process the refund due to you as soon as possible and, in any case, within 30 days of the date you gave notice of your cancellation. In this case, we will refund the price of the goods in full, including the cost of sending the goods to you. However, you will be responsible for the cost of returning the goods to us.

      2. for any other reason (for instance, because you claim that the goods are defective), we will examine the returned goods and will notify you of your refund via email within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the date we confirmed to you via email that you were entitled to a refund for the defective goods. Goods returned by you because of a genuine defect will be refunded in full, including a refund of the delivery charges for sending the goods to you and the reasonable costs incurred by you in returning the goods to us.

   7. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. Restrictions

   1. Restrictions are in place for several challenges and you will be informed of all restrictions prior to your booking. Restrictions include but are not limited to:

      1. height;

      2. weight;

      3. ratio of height to weight also known as BMI (Body Mass Index);

      4. age;

      5. medical;

      6. network. For example those studying at a specified academic institution or those employed by a specified company;

      7. gender.

      8. You confirm that none of the restrictions apply to you at the time of your booking and that they will not apply to you at the time of your challenge.

   2. Restrictions vary between challenges and challenge locations. Some restrictions may prohibit you from taking part in certain challenges whilst other restrictions may require you to take extra steps prior to your challenge. These extra steps could include, but are not limited to, medical approval from a doctor or a medical professional and/or parental approval from a parent or guardian. We are not liable or responsible for any costs associated with these or any other extra steps.

   3. If we tell you that you need to take extra steps before you will be allowed to do a challenge, you agree that before the date of your challenge you will:

      1. take all of those steps;

      2. meet all costs and expenses associated with those steps;

      3. provide us and your challenge location with any required evidence, declarations and/or consent.

   4. Your challenge instructor(s) will be responsible for the final decision as to whether you are able to take part in the challenge.

   5. You must not be under the influence of intoxicating substances including alcohol or drugs at any point during any part of your challenge. Intoxicating substances must not be consumed on the day of your challenge.

   6. You will not be permitted to take part in a challenge:

      1. if you supply incorrect information at the time of booking;

      2. if you are subject to any restrictions at the time of your challenge;

      3. if you do not comply with clause 9.3. (taking necessary steps);

      4. if your challenge instructor(s) decide that you are unable to take part in the challenge;

      5. if you breach clause 9.5 (intoxicating substances);

      6. in the case of sponsorship funded challenges, if you have failed to achieve the sponsorship requirement in the specified forms (cash and online) by the sponsorship deadline.

      7. if you have breached these terms and the breach was serious enough to allow us to terminate your booking.

   7. If you are not permitted to take part in a challenge for the reasons set out in clauses 9.6.a. to 9.6.g. (inclusive) above then, we reserve the right to retain all monies you have already paid.

10. Participation

    1. Further to clause 9, participation in our challenges is subject to the following conditions:

       1. Selective Participation: participation in some of our challenges is subject to eligibility criteria which may be competitive. You will be informed where such criteria are in place and you will be required to submit proof of eligibility including, but not limited to, answering eligibility questions. Your answers to these eligibility questions must be complete and accurate as they will be used to judge your eligibility for the challenge. The final decision with respect to your eligibility to participate in the challenge rests solely with us.

       2. Groups: if you have made a booking for a challenge as part of a group then we will try to accommodate your booking as a group. However, in some circumstances it will not be possible for you to take part in the challenge at the same time as other members of your group and we do not offer any guarantees for such group participation. If 10.1.a. applies then it may be the case that some of the members of your group do not meet the eligibility criteria for the challenge. In this case the membership of your group will be reduced to those who have met the eligibility criteria.

       3. Order: the order in which you or your group participates in a challenge rests solely with the event administrators and organisers and this may not be the order in which you made your booking.

11. Risk

    1. We take reasonable steps, where possible, to minimise the risks involved with the challenges available on our website. However, all of the challenges available on our website are inherently risky and do involve some level of risk.

    2. Participation in challenges can involve a risk of injury or death regardless of the standard of training, supervision and quality of equipment used. You confirm that you understand and are willing to take the risks inherent in your challenge.

    3. From time to time you may be issued with additional safety warnings or guidance in connection with challenges. You must carefully read and comply with any such warnings or guidance.

    4. From time to time you will be given training in connection with challenges. If you do not understand the training or you do not feel adequately trained, you must immediately tell your challenge instructor of your concerns.

12. Insurance

    1. If insurance is included as part of your booking then information regarding the full details and summaries of the insurance will be made available at the time of booking. This insurance may not be suitable for you and so you are strongly advised to thoroughly read through the policy details and to take out extra cover where necessary.

    2. We are not an insurance broker or an appointed representative of an insurance broker and we do not underwrite any insurance included or provided as part of your booking.

    3. You are responsible for deciding whether or not to take out (additional) insurance against the risks associated with the challenge. We are not responsible for ensuring that you are adequately insured against those risks.