Terms & Conditions
DEFINITIONS In these terms and conditions:
“Applicant” means the person whose name and address is set out on the Event booking form submitted;
“Contract” means the booking form supplied on the Drive Horizons.Com ( Drive Horizons Limited ) Website, these Terms and Conditions which shall be applicable to the applicant if he/she is accepted as a Event member and each and every other document referenced in these documents;
“Deposit” means the amount specified at www.drivehorizons.com
“Event” means a supported vehicle based event run by Drive Horizons Limited, for the Term;
“Event Leader/Guide” means any Event leader/guide under the employment or contract of Drive Horizons Limited or local specialist or guide contracted by Drive Horizons Limited for the duration of the event.
“Event Staff” means any Event personnel under the employment or contract of Drive Horizons Limited;
“Event Materials” means the following in whatever format or media, which contain information on any aspect of the business of the Event Organiser or of the Event: (a) all film, photographs, video footage, electronic media and other audio-visual materials, including Official Film; (b) all drawings, etchings, paintings, diaries, jottings, writing, reportage; or (c) any other artistic work, literary work, dramatic work or musical work, sound recording or film, as these terms are defined in the Copyright, Designs and Patents Act 1988;
“Event Member” means a person accepted by the Event Organiser and allocated a place on an event run by Drive Horizons Limited;
“Event Organiser” means Drive Horizons Limited;
“Fee” means the price of the Event advertised at www.drivehorizons.com by the Event Organiser and which is payable by the Applicant prior to departure on the Event;
“Official Film” means all electronic media, film, photographs or videotape taken or made with photographic film or video equipment and/or film or tape supplied by or through the Event Organiser;
“Sponsor IPR” means all sponsor and sponsor affiliate trademarks, trade names, logos and marketing indicia, any other intellectual property rights and materials (but excluding any Event materials) that may be supplied by or on behalf of the sponsor to the Event Organiser pursuant to a sponsorship agreement, if any, signed between them;
“Term” the term shall be at the discretion of the Event Organiser.
A. THE EVENT AND DRIVE HORIZONS LIMITED TERMS AND CONDITIONS
- In consideration of the Fee, the Event Organiser shall arrange an Event on behalf of the Applicant subject to the Contract.
- The Applicant is not required to make any payment in order to make an application to become a member of an Event
- An application does not constitute a booking unless it is confirmed on receipt of the relevant non-refundable Deposit for the Event applied for.
C. CURRENT INFORMATION/ENGLISH LANGUAGE
- The Applicant warrants that any information given to the Event Organiser is correct and that he/she has a good command of written and spoken English.
D. FEES PAYABLE
- The Applicant shall pay the Deposit, subject to acceptance by Event Organiser, when they submit their application to join the Event.
- The Applicant shall pay the remaining balance of the Fee (i.e. less the Deposit) prior to departure on the Event in accordance to the timescale for payments published on the DriveHorizons.Com website. For the avoidance of doubt, the Fee shall not include any flights, Travel Insurance, Personal Accident Insurance, alcoholic beverages. Nor shall it include any travelling costs for the Applicant to arrive at the Event destination and to depart from the final destination except where stated in the event information on the Drive Horizons.Com website. All the aforementioned Fees shall be at the Applicant's cost.
- Prices are correct at the time of printing, however circumstances beyond our control, (e.g. Government action, taxes and currency fluctuations), and may cause an increase. If such cases arise we will absorb amounts equivalent to 2% of the Event cost although we reserve the right to pass on surcharges larger than this providing they occur more than 30 days before the Event start (arrival day).
E. BINDING CONTRACT
- The submission of an application form by the Applicant shall constitute an offer by the applicant to enter into a binding agreement upon the terms of the Contract. The acceptance of the Deposit by the Event Organiser shall create a binding agreement between the Event Organiser and the Applicant subject to the Contract.
F. CONDITIONS OF ACCEPTANCE
- The Event Organiser shall not be obliged to accept any Applicant onto a tour.
- In addition, during the Event, the Event Organiser may expel the Event Member for any reason whatsoever. More specifically, but without limitation should the Event Member fail to comply with any or all of the following:
- to take full medical insurance;
- to hold a full car driving licence prior to the start date of the Event;
- to pay the Fee in full in accordance with the timescale published on the DriveHorizons.Com website;
- to follow the instructions and guidance of the Event Leader/Guide;
- not to be under the influence of alcohol or drugs at anytime;
- not to exhibit offensive or aggressive behaviour;
- The Event Organiser may in its absolute discretion, expel the Event Member from the Event.
G. DISCRETION OF THE EVENT ORGANISER
- The Event Member understands that the Event Organiser or the Event Leader/Guide reserves the right in its absolute discretion to make changes at any time to any or all of the arrangements, services and proposals which may have appeared in brochures or publicity about the Event including the route and location/type of accommodation.
- The Event Member acknowledges and agrees that the Event Organiser's primary concern is the safety of its Events Members and as such agrees to allow the Event Organiser total discretion in relation to the previous clause.
- The Event Member is required to follow the instructions of the Event Organiser and the Event Leader/Guide at all times.
H. EVENT MEMBER APPLICANT AGREEMENT
- The Event Member agrees with the Event Organiser as follows:
- to provide any information requested by the Event Organiser to determine his/her suitability as an Event Member;
- to provide medical information as requested by the Event Organiser or the Event Leader/Guide who is authorised to disclose such information to any other person as circumstances may require;
- to promptly notify the Event Organiser, prior to the start of the Event, of any reason medical or otherwise which would prevent him/her from participating in the Event or which would make it undesirable for him/her to do so;
- to maintain medical insurance for the duration of the Event for him or herself;
- The Event Member shall be liable for any and all damage whatsoever caused during the Event as a result of the use of his/her vehicle and the Event Member shall indemnify the Event Organiser and the Event Leader/Guide and all third parties relating thereto against any claims proceedings, losses, liabilities, damages, costs, expenses of whatever nature arising out of any action made against the Event Organiser, the Event Leader/Guide and third parties relating thereto in respect of the Event Member's use of the vehicle;
- Acceptance as an Event Member is at the sole discretion of the Event Organiser, who will not be obliged to disclose any reason for non-acceptance. If the Event Member is not accepted by the Event Organiser, he/she will receive a full refund of any Deposit made unless the Event Member had been declined due to non disclosure of information or breach of contract.
- The Event Organiser has the right to allocate and re-allocate the Event Member to any vehicle and/or Event Leader/Guide before or during the Event.
- Communication with Event Members will be by email and so all Event Members are required to maintain a current email address throughout the period from submission of the application form to the start of the Event.
I. VISAS AND PERMITS
- The customer shall be responsible for ensuring compliance with the passport, visa, health regulations and driving permits and for observance of the respective traffic regulations in the Event country. If the customer cannot participate in or must prematurely terminate their participation on the Event due to failure to meet these requirements, the Event operator shall be exempt from any liability and shall not be obliged to refund payments to the customer.
J. DATA PROTECTION ACT 1998 CONSENTS
- In entering into the contract, the Event Member acknowledges that the Event Organiser shall process sensitive personal data within the meaning of the Data Protection Act 1998 on the Event Member. The Event Member hereby gives the Event Organiser his/her consent to the processing of all the Event Member’s personal data, including sensitive personal data, for the purposes of administration of the Event.
K. APPLICANT WITHDRAWAL
- The Event Member may withdraw his/her participation at any time during the Event in writing to the Event Leader/Guide. In such circumstances it is the responsibility of the Event Member concerned to arrange and bear the cost for subsequent onward travel, repatriation, food and accommodation for himself/herself.
L. INFORMATION UPDATES
- The Event Organiser shall keep the Event Member informed by e-mail at reasonably regular intervals of the progress of arrangements relating to the Event.
M. TERMINATION OF CONTRACT
- The Event Organiser reserves the right to terminate the Contract at any time if:
- the Event Member fails to make any payment due to the Event Organiser promptly upon the due date;
- the Event Member fails to provide information as requested by the Event Organiser;
- the Event Member is deemed no longer suitable to be an Event Member by the Event Organiser (including but not limited to disruptive or difficult behaviour or potentially putting the lives of himself/herself and other Event Members at risk);
- The Event Member is in breach of the Contract, including any of these terms and conditions.
- If the Contract is terminated under this clause during the Event, the Event Organiser will have no responsibility for the costs of repatriation or any other costs incurred after termination.
N. PROPRIETRY INFORMATION AND MATERIALS
- The Event Member agrees that all aspects of the business of the Event Organiser and of the Event are the sole and exclusive proprietary information and property of the Event Organiser and shall not, other than with prior written permission of the Event Organiser be communicated or divulged to third parties. This includes, without limitation, information relating to Event Member training, the Event, the performance of Event Members, the performance of Event Staff, the weather conditions, the Event Materials and factual or personal accounts of the Event itself.
- Subject to these terms and conditions, unless the Event Member has the prior written permission of the Event Organiser, the Event Member shall not provide any information or assistance to any other party other than the Event Organiser nor shall publish any article, story, book or other feature on the Event, or participate in any television programme or other audio-visual presentation.
- All Official Film is the property of the Event Organiser and shall be returned to it as and when directed by the Event Organiser to be used for publicity and other purposes.
- The Event Member irrevocably and unconditionally waives all rights including moral rights he/she may have or may acquire in relation to any Event Materials, including the right to be identified as the author or director and to object to any derogatory treatment of the Event Materials.
- The Event Member irrevocably and unconditionally consents to being recorded on Event film and/or any films, photographs or videotape of the sponsor and to the doing by the Event Organiser, sponsor or any person authorised by them of each of those things which require the Event Member’s consent as laid out in sections 183, 184, 186, 187 and 188 of the Copyright, Designs and Patents Act 1988, or any other consents of a similar nature referred to anywhere else for any purpose.
- You may not use any of the Event Organiser’s or the Sponsor's intellectual property rights and materials including trademarks without the prior written consent of the Event Organiser. For the avoidance of doubt this includes all trade names, the official logo for Drive Horizons Limited (DriveHorizons.Com) and other marketing indicia.
O. PERSONAL SPONSORSHIP
- The Event Member may seek personal sponsorship for the Event, subject to their prior written approval of the Event Organiser. The Event Member may not offer his/her personal sponsors any use of vehicles belonging to or hired by Drive Horizons Limited or any display of logos without prior written permission of the Event Organiser.
P. MEDICAL INSURANCE
- At least one week prior to the date arranged for the commencement of participation in the Event, the Event Member shall provide evidence of medical expenses insurance. This shall cover him/her for all medical expenses relating to any illness or mishap which may befall him/her during the Event and for the costs of return to his/her home country or the U.K;
- Failure to provide evidence of medical insurance shall preclude the Event Member from taking part in the Event and the Event Organiser shall not be liable to the Event Member to refund any monies already paid;
- It is highly recommended that Event Members maintain personal travel insurance for the duration of the Event to cover loss or theft or damage to personal belongs.
Q. INHERENT RISK ASSUMED BY THE APPLICANT
- The Event Member acknowledges and agrees that riding an ATV, Motorcycle or Snowmobile and driving are dangerous activities..The Event Member further acknowledges that areas of the Event may be populated by dangerous animals and that the majority of the Event route will be conducted off road and sealed surfaces and may be classed as hazardous, consisting of sand, mud, rock, snow (depending on season/event) swamp and other difficult and potentially dangerous surfaces. The Event Member undertakes training and the Event at his/her own risk. [The Event Organiser is only responsible for the death or personal injury caused by the negligent acts or omissions of the Event Organiser and nothing in this Agreement shall restrict or exclude such liability]. The Tour Organiser and any person in its employ and any sponsor shall not be liable for any other death, injury, loss or damage including but not limited to emotional distress, mental suffering, psychological injury or any financial loss directly or indirectly suffered or incurred by the Event Member.
R. CANCELLATION OF EVENT
- The Event Organiser reserves the right to cancel the Event or to alter or reduce the route including the starting and finishing point, including the time during which the Event may be underway, for any reason.
- The organisers reserve the right to cancel an Event if the minimum number of Event members is not met. In such cases an applicant will be offered an alternative Event or a refund of all monies paid. Notification will be given at least 15 days prior to departure.
- The sole decision as to the cancellation, alteration or curtailment shall reside with the Event Organiser and in no circumstances shall the Event Member have any claim arising from such cancellation, alteration or curtailment under this clause.
- The Event Organiser may consider claims that are made in writing within 28 days of the last day of the Event in respect of such claims that are not excluded by this Contract.
S. FORCE MAJEURE
- In the event of:
- the Event failing to start or, having started, being abandoned before its conclusion,
- by reason of force majeure, which shall include (but not by way of limitation) outbreak of hostilities, political unrest, civil commotion, riot, riotous assembly, storms, hurricane tempest or other acts of God and other supervening impossibilities not capable of avoidance by the Event Organiser,
T. REFUND POLICY
- All deposits are non-refundable. Of remaining payments, the refund policy after full payment has been made is as follows: Less than 30 days but more than 15 days prior to start of Event (arrival day) then payment will be refunded less a deduction of 50 % less the deposit. : Less than 15 days prior to the start of Event then no refund will be made due to the significant expenses incurred organising vehicles, equipment, support and accommodation. You can secure your payments by purchasing adequate travel insurance and so please ensure that your policy will cover you in the event that you have to drop out of your chosen Event.
U. GOVERNING LAW
- The law of England applies to this Contract and the parties submit to the exclusive jurisdiction of the English courts.
- Issue 2, December 2016, Drive Horizons Limited.