Terms & Conditions: GCN Majorca 2019
These Conditions cover your participation at the GCN Majorca 2019 event (the Event) and your involvement in Participatory Events provided by the Event Organiser (as defined below).
- 1.1 Associated Parties means the Event Organiser, its officers, employees, suppliers and/or sponsors and/or persons for whom it is answerable.
- 1.2 Conditions means these terms and conditions relating to a Participant’s participation in the Event.
- 1.3 Booking means the booking made by a Participant via the Event Site in order to participate in the Event.
- 1.4 Event Organiser means Play Sports Network Limited, a company registered in England and Wales with company number 08265494 whose registered address is 30 Monmouth Street, Bath BA1 2AN.
- 1.5 Event Site means the online payment and registration system operated by the Operator, which Participants must use in order to apply, register and pay for their Booking and entry to the Event.
- 1.6 Fee means the price of entry into the Event as set out in the Booking, and which a Participant pays to the Operator as part of a Booking.
- 1.7Operator means Sports Tours International Limited, being the tour operator through which your Tour Package and ticket to the Event will be booked, and which will deal with all aspects of a Participant’s Tour Package.
- 1.8 Operator’s Terms and Conditions means the terms and conditions of the Operator which govern Bookings and delivery of Tour Packages, to which all Participants must agree when making a Booking.
- 1.9 Participant or you means the person named on the Booking who will be participating in the Event.
- 1.10 Participatory Events means the participatory ride events and all other entertainment to be provided by PSN as part of the Event, subject to these Conditions.
- 1.11 Tour Package means the travel package a Participant purchases from the Operator, subject to the Operator’s terms and conditions, which includes (subject to the terms of your agreement with the Operator) transfers and accommodation during the Event, and any extras you may purchase from the Operator (but excludes all international travel, which is the sole responsibility of the Participant).
2. Acceptance and Application of Conditions
- 2.1 These Conditions shall cover a Participant’s involvement in the Participatory Events and all other services provided by the Event Organiser. The Participant’s Tour Package is provided by the Operator and the Tour Package, the Booking and payment of the Fee for the same are subject to the Operator’s Terms. Participants must arrange their own international travel to and from the Event, which is the sole responsibility of the Participant. The Event Organiser is not responsible for any impact on the Participant’s ability to participate in the Event as a result of delayed or cancelled flights, the Event Organiser accepts no liability for the same, and all international travel must be covered by the Participant’s own insurance cover.
- 2.2 These Conditions shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. A variation of these Conditions is only valid if the Event Organiser gives notice to the Participant in writing prior to the Event (including via email).
- 2.3 The Event Organiser will send (generally via email) all communications to the email address provided by the Participant upon their Booking. It is the Participant’s responsibility to ensure that all details provided are correct.
3. Participation in the Event
- 3.1 You acknowledge that the Participatory Events involve organised cycling on public highways, and that there will be other road users. All Participants must ensure they bring with them and use at all times while participating, adequate protection (including, without exception, wearing a helmet). At all times during Participatory Events, Participants must ensure that they are operating within their skills and abilities, and not take any unnecessary risks at any time.
- 3.2 You acknowledge that participation in the Participatory Events is strenuous and physically demanding and you are aware of the nature of the Participatory Events and associated medical and physical risks involved.
- 3.3 You represent and agree that you are physically capable of participating in the Participatory Events, agree to be solely responsible for your actions during the Event and, to the extent permissible by law, you hold the Event Organiser and its Associated Parties harmless in respect of for any injury or illness that any Participant may suffer as a result of participation in the Event (unless due to the negligence of the Event Organiser). You accept that should any medical or physical condition arise prior to the Event which is likely to affect your ability to participate, you will not take part in the Participatory Events (and no refund or rebate will be made by the Event Organiser in respect of such non-participation). You acknowledge the limitation of liability and indemnity provided in clause 5 of these Conditions.
- 3.4 You must complete the appropriate registration process on the dates and at the times as instructed in the Event Information which will be issued by the Event Organiser or the Operator (as appropriate) prior to the Event.
4 Event Rules
- 4.1 The Event Organiser reserves the right at any time to remove Participants from the Event or to prevent Participants participating in the Event (including during the Event) if, at the Event Organiser’s sole discretion, it considers such action necessary for safety reasons (including the safety of the Participant) or the proper enjoyment of the Event by other Participants or for any other lawful reason. No refund of the Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention in respect of the Event or other participants, where this is a factor in his/her removal.
- 4.2 While the Event Organiser takes every care with the staging of the Event, the Participant acknowledges that they must put in place their own adequate travel and personal accident insurance cover (validly covering the dates and jurisdiction(s) of the Event and the Participatory Events), and that putting in place such cover is the Participant’s sole responsibility. As a condition of each Booking, the Event Organiser requires all Participants to take out adequate insurance to cover them at all times while travelling to, present at and participating in the Event.
- 4.3 The minimum age for all Participants is 18 years old. All decisions and rulings by the Event Organiser, its employees and its agents are considered final. Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by the any representative of the Event Organiser (or the Operator as applicable).
- 4.4 The Participant acknowledges and agrees that the Event Organiser will organise and run the Event, in conjunction with the Operator, and that the Event Organiser and the Operator will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the Event, the rules of the Event, the timings and / or finish times.
- 4.5 The Event Organiser is entitled to impose additional Event rules upon the Participant from time to time at its discretion which will form part of these Conditions. The relevant rules and regulations may be obtained upon request to the Event Organiser.
- 4.6 You acknowledge and accept that circumstances concerning an Event may change from time to time for reasons out of the Event Organiser’s reasonable control or otherwise, without the Event Organiser incurring any liability. By way of example, and for illustration purposes only, the exact timings or nature or Participatory Events may change but such changes/issues will not entitle the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.
- 4.7 Entry may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes, without the prior written consent of the Event Organiser. For the avoidance of doubt, donation, give away, resale or attempted resale is grounds for cancellation by the Event Organiser without refund or other compensation.
- 4.8 The Participant shall complete the Booking online with the Operator via the Event Site, and in consideration of being granted the right to participate, the Participant must pay the Fee to the Operator by no later than the closing date set out on the Booking. The Participant shall not be eligible or entitled to participate in the Event until full payment of the Fee has been received by the Operator. No payment shall be deemed to have been received until the Operator has received cleared funds. All Bookings for Tour Packages, payments for the same and cancellations are subject to the Operator’s Conditions.
- 4.9 In the event the Event Organiser or withdraws the offer of a place to the Participant in the Event for any reason at any time it will provide the Participant with a full refund of the Fee, with no further liability whatsoever arising from such withdrawal. Notwithstanding this clause no refund shall be made where otherwise set out herein, or as otherwise provided for in the Operator’s Conditions.
- 4.10 The Event Organiser reserves the right to amend the exact Event format in its sole discretion or cancel the Event due to circumstances beyond its reasonable control. In the event of the Event being cancelled the Participant shall be refunded by the Operator in accordance with the Operator’s Terms and Conditions, with no further liability to the Event Organiser whatsoever arising from such cancellation. If the Event is changed to another reasonably similar format the Participant will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format. Any significant changes will be communicated ahead of the Event date.
5 Event Organiser Responsibilities/Liability
- 5.1 Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
- (a) for death or personal injury caused by the Event Organiser's negligence
- (b) for fraud or fraudulent misrepresentation; or
- (c) for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.
- 5.2 This clause shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.
- 5.3 Subject to the foregoing, to the extent permissible by law, the Event Organiser shall not be liable to the Participant for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure (including to third party carriers or airlines), loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Booking) arising out of the Participant taking part in the Event, the Participatory Events, or any other matter arising under these Conditions nor for an aggregate amount greater than the Fee paid by the Participant to the Operator to participate in the Event. Without limiting the foregoing, the Event Organiser will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
- 5.4 Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, heirs and successors in title the right to any recourse or claims whatsoever against the Event Organiser or its Associated Parties as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant s participation in Event, and the Participant hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs and/or amount which they or any of them may be required to pay as a result of any recourse or claim aforesaid by whomsoever made.
- 5.5 You hereby agree to indemnify the Event Organiser and its Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Participant’s declarations above and/or the Participant’s negligent acts or omissions and/or wilful misconduct.
- The Participant irrevocably consents to:
- (a) his/her appearance in the Event being filmed, recorded, incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now or invented after the date of these Conditions; and
- (b) the use and reproduction of the Participant's name, likeness, appearance, Event times and photographs, films and recordings by all means and in all media for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.
- 6.2 Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign, or procure the signature of all reasonable documentation required to give affect thereto. Accordingly any such recording shall not be used other than for private use without the Event Organiser’s prior written consent.
- 7.1 These Conditions (and the documents referred to in them) constitute the entire agreement and understanding of the parties hereto and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Booking to the Operator on the Event Page it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) relating to the things to be provided by the Event Organiser subject to these Conditions, other than as expressly set out in these Conditions.
- 7.2 No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.
- 7.3 To the extent permitted by law all provisions of these Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Conditions so far as possible.
- 7.4 These Conditions shall be interpreted in accordance with the laws of England and Wales and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English Courts.
8. Data Protection
- (a) Identity data including first name, last name, username or similar identifier, title, date of birth; and
- (b) Contact data including address, email address and telephone numbers, the “Shared Data”.
- 8.6 The Event Organiser will use a Participants’ personal information contained within the Shared Data in the following ways (and you hereby agree to such usage of your personal information by the Event Organiser):
- (a) To send Participants updates and / or newsletters about the Event and / or the Participatory Events, and any future events which the Event Operator believes may be of interest to Participants;
- (b) To send details of any partners of the Event, and any offers from such partners which the Event Operator believes may be of interest to Participants (the Event Organiser will never share your personal information with such partners);
- (c) To send you questionnaires or other requests for information concerning your attendance at the Event or your participation at the Participatory Events, and to request feedback from you after the Event; and
- (d) To the extent you opt in to receiving them, other communications from the Event Organiser or its affiliates.