TERMS AND CONDITIONS FOR EVENT ENTRY AND PARTICIPATION
1. General Information
1.1 All Events arranged by Riviera Circle (“Company”) is not a race or a competition.
1.2 By agreeing to participate in the Event you understand the risks involved with participating in this type of event.
1.3 You agree not to place any bets of any kind in relation to the Event
1.4 During the Event, you undertake and agree –
1.4.1 to drive safely in accordance with all road laws in each country and with proper courtesy to all other Participants and members of the public;
1.4.2 not to compete with other road users or Participants. Anyone found doing so will immediately be disqualified from further participation in the Event without any refund being issued; and
1.4.2 that in the event of any reckless driving witnessed by the Event Organisers (its employees, nominees or other Participants), your participation in the Event will end and you will be prohibited from taking any further part in the Event.
1.5 The Event is not a guided tour – it is a navigational road trip where you will be given a daily finish point and be expected to navigate to it with your own map/Sat Nav system. Where a Group Booking is made all persons booked under the lead name of the booking agree to the Terms & Conditions set out here.
1.6 Your participation in the Event and any payment of the Entry Fee shall be deemed to be your acceptance of these Terms and Conditions. If you have any questions regarding these Terms and Conditions or need any further clarification you should contact the Event Organisers. If you do not agree with any part of these Terms and Conditions you should not participate in the Event.
2. Age Restrictions
All participants must be 18 or older in order to participate in the Event. All drivers must be over the age of 18 and hold a valid license for the vehicle being driven
3. Licence and Passport
3.1 All drivers must hold a current, valid and unrestricted driver’s license that will be accepted in any and all countries.
3.2 All Participants must hold a current and valid passport together with the relevant visa(s) for each country visited during the various stages of an Event, where applicable.
3.3 Each Participant responsible to ensure that he/she is in possession of the correct documents which may be required for the Event.
4. Vehicle Documents
4.1 All drivers must hold a valid full UK driving licence
4.2 All drivers to ensure that they have the V5C (log book or equivalent documentation) in the vehicle which they are driving together with a valid and in date MOT certificate. As the vehicle condition may deteriorate within the period of an MOT, it is your responsibility to ensure that your vehicle is in a roadworthy condition for the Event.
4.3 You must obtain and maintain appropriate insurance to cover your participation in the Event.
4.4 You agree to check with your insurance company before you enter any Event to ensure you are covered to participate
4.5 You may be required to provide proof of insurance at registration. When participating in the Event you must ensure you carry a copy of your insurance with you.
4.6 You must provide vehicle registration plates for both the front and rear of your vehicle. Failure to do so may prevent access to a country. It is your responsibility to ensure that you and your vehicle are compliant with locally applicable laws along the route (including limit weight, width, lighting and visibility).
4.7 You cannot participate in any other vehicle than the one registered.
4.7 It is the sole responsibility of the Participants to ensure that their documents are in order. They must be valid from the beginning up to, and including, the last day of the Event. You will be required to sign to this effect at the Event launch. Failure to sign the registration form will result in disqualification from the Event without refund.
4.8 All information that the Organiser requests from you in relation to your own personal details and those of your vehicle must be accurate and complete in all material respects and you warrant to the Organiser that all information which you provide is true and accurate to the best of your knowledge.
5. Entry Fees
5.1 Entry fees must be paid by the deadlines quoted on the website, any failure to do so will result in Participants being removed from the Event.
5.2 You are responsible for paying the Entry Fee, plus any additional fees or fines which may arise and the fees for any additional co-driver in your vehicle.
5.3 Deposits and entry fees are non-refundable. The entry fee does not include any personal expenses during the Event, such as fuel, tolls, food, drink, fines, repair costs or any other expenses of any kind.
5.4 Participation in the Event is only confirmed once the Entry Fee has been received and confirmed by the Organiser. All unconfirmed spaces will be sold to those placed on a waiting list.
5.5 The Event organisers reserve the right to refuse entry to the Event.
6.1 You agree from the date your Deposit and Entry Fee is received by the Organiser, any part of the Entry Fee you have paid will be non-refundable under any circumstances.
6.2 If, for any reason, you withdraw from an Event, your fee is neither transferable nor refundable. We advise you to take out suitable insurance if you think this will be a problem.
6.3 The Organiser reserves the right to amend the advertised route at any stage without refunding any entry fees. All Entrants will be notified of any changes in this instance.
7. Administration Charges
Once you have entered the Event (deposit paid), your vehicle and member details are final. Any amendments may result in an administration fee being payable (at the discretion of the Event organisers).
8. Local Law
8.1 All Participants must drive safely and at all times obey the specific regulations for each country visited (“Applicable Laws”). This includes (but is not limited to) speed regulations, highway laws, vehicle safety laws and laws relating to the possession or use of alcohol or drugs or other prohibited substances. If you breach any Applicable Laws, the Organiser reserves the right at its sole discretion and without being subject to any appeal to prohibit you from participating further in the Event without giving any refund.
8.2 It is up to you to ensure that you are fully up to date with the driving requirements for each country you visit. Some countries require you to carry certain equipment. You may be provided with a driving guide prior to commencement of the rally which may not be an exhaustive list.
9.1 For teams of two, accommodation will be either a twin or double room; for teams of three, a triple room (double or twin with an additional single bed); for teams of four, two separate twin or double rooms will be provided.
9.2 The Event organisers will endeavour to provide the requested room type (either twin or double) but cannot guarantee this.
9.3 A credit card must be provided for each room as a security deposit when checking in. It will be charged at check out for any costs (such as food and drinks) or damages.
9.4 If you do not wish to share a room with your co-driver then it is your responsibility to ensure that you have purchased an additional room from the Event Organiser.
All Participants must conduct themselves responsibly and in an appropriate manner at all times. You must not consume alcohol whilst driving, drive whilst under the influence of alcohol (or any other intoxicating substance) or drive if your ability to do so safely is compromised by illness, lack of adequate rest, or any other condition. Any illegal behaviour will result in the cancellation of your participation in the Event without refund.
11.1 The Event organisers accept no responsibility for-
11.1.1 the consequences of you being refused entrance into or exit out of any country, city, venue or premises during the Event; or
11.1.2 any damage that may be caused to your vehicle or damage to or loss of contents in the vehicle whilst participating in an Event.
11.2 Any additional costs incurred are solely the Participants’ responsibility. If you miss a pre-arranged ferry, it is your responsibility to pay for any additional costs.
The Event organisers reserve the right to either change the Event schedule or cancel the Event at any time.
13. Image Rights
13.1 All participants consent to be photographed and to be included in any filming of the Event.
13.2 You consent to the use of your name, image, likeness, voice and biographical material in connection with any and all footage, publicity and related promotional material.
13.3 Participants are only entitled to take photographs and film footage of the Event for non-commercial purposes.
You are not permitted to use the ‘Riviera Circle’ logos or branding under any circumstance other than placing stickers on your vehicle. This includes any printed material or websites.
In general Riviera Circle operates events which do not require stickers or decals added to the bodywork of the car. However:
15.1 You agree to have the Riviera Circle and official Event sponsors’ stickers placed on your vehicle at all times during the Event. All stickers are non-permanent, are easy to remove and will not leave any damage to your vehicle. The Event Organisers shall not be responsible for any damage caused to your vehicle during the application or removal of any stickers or decals applied.
15.2 You shall not deface, cover up or otherwise obscure such stickers and shall use all reasonable endeavours to keep them visible at all times.
15.3 You shall not be entitled to use any of the Organiser’s, partners’ or sponsors’ logos, trade marks or name for any purpose whatsoever. In particular, you shall not be entitled to use the Riviera Circle logo or name on any website or in printed materials.
16. Intellectual Property Rights Including Copyright
16.1 The names, images and logos identifying Riviera Circle and all associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in these Terms and Conditions shall be construed as conferring to you any licence or right under any intellectual property right of any of the above parties unless expressly stated otherwise.
16.2 All copyright, trademarks and other intellectual property rights in the Riviera Circle Website (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Riviera Circle Website, shall remain at all times our property or the property of our licensors and is protected by intellectual property law.
17. Copying the Event
By agreeing to our Terms and Conditions you are agreeing that you will not organise, invest or fund a rally or similar driving event which attempts to replicate this Event or any of its unique features, activities and components or which seeks to benefit in any way from the Organiser’s branding or goodwill.
18. Force Majeure
The Event organisers cannot accept liability or refund monies if the Event has to be amended or cancelled due to any circumstances outside our control or that we could not foresee or avoid. Such as (but not limited to) war, threat of war, riot or civil unrest, terrorist activity, industrial disputes, natural disasters, adverse weather conditions, ferry delays or traffic delays. Neither can we be held responsible if certain attractions change their opening times or are closed.
19. Terms and Conditions Changes
The Event organisers reserve the right to change these terms and conditions at any time. Participants will be notified of the changes and will be deemed to have accepted the amended terms and conditions by participating in the Event.
You will indemnify the Event organisers, its officers, directors, employees, consultants, agents and sponsors against any and all claims, lawsuits and causes of action brought against them by any third party as a result of your action or participation in the Event, including without limitation, your violation of any laws or regulations or your breach of these Terms and Conditions of entry.
21. Limitation of Liability
21.1 Nothing in this agreement shall limit or exclude a party’s liability:
(a) for fraud or fraudulent misrepresentation;
(b) for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
21.2 Subject to Clause 21.1, under no circumstances shall a party be liable to the other for any of the following, whether in contract, tort (including negligence) or otherwise:
(a) loss of revenue or anticipated revenue;
(b) loss of savings or anticipated savings;
(c) loss of business opportunity;
(d) loss of profits or anticipated profits;
(e) wasted expenditure; or
(f) any indirect or consequential losses.
21.3 Subject to Clause 21.1, the Event Organiser’s maximum aggregate liability in contract, tort (including negligence) or otherwise, however arising, under or in connection with this agreement shall be limited to Entry Fee (the Cap) paid.
22. Violation of Terms
If any participants violate any of the above terms and conditions or refuse to follow the instructions given prior or during the Event by the Event organisers, you may be prohibited from any or further participation in the Event.
These terms and conditions and your participation in the Event are governed by the laws of England and Wales and you submit to the jurisdiction of the Courts of England and Wales.
24. Entire Agreement
24.1 These Terms and Conditions of Entry, the Release and Waiver of Responsibility and the [Entry Requirements Form] constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement reached between the parties whether in oral or written from.
24.2 Each Participant acknowledges that in entering into this agreement it does not rely on and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
24.3. Each Participant agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
24.4 Nothing in this clause shall limit or exclude any liability for fraud.
You agree to keep confidential, and not disclose to any third party, details of any incidents that occur during the Event including, without limitation any and all details of any road traffic accidents that may occur during the Event
RELEASE AND WAIVER OF RESPONSIBILITY
1. Risks Associated with Participation
I acknowledge and accept that participation in an event such as the Riviera Circle Rally (the “Event”) is potentially dangerous and that there are numerous risks associated with my participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Further, I fully understand and accept that my participation in the Event may result in serious bodily injury and/or death to myself, or others. I further realise and understand that the route of the Event will require driving on public roadways upon which the hazards of travelling are to be expected. Further, I realise that participation in the Event will require strenuous physical exertion, as participants will be required to drive for very long periods of time over several days, including the risk of driving through inclement weather.
2. Assumption of the Risks
With full knowledge and understanding of the risks associated with my participation in the Event, I enter the Event voluntarily and fully accept and assume every such risk for loss, damage, or personal injury (including death).
3. Compliance with Terms and Conditions
I agree to comply with all the Event’s terms and conditions of entry. I acknowledge and understand that the Organiser of the Event will use reasonable efforts to ensure that all other participants abide by the terms and conditions of entry, but that it cannot guarantee that the participants will abide by these terms and conditions.
4. Release of Liability
In consideration for being permitted to participate in the Event, I hereby waive, release, and forever discharge, for myself, my heirs, executors, administrators and legal representatives, any and all rights and/or claims which I have, may have, or may hereafter accrue to me against the Organiser, its officers, directors, employees, consultants, agents and event sponsors for any and all damages, personal injuries (including death), and/or claims which may be sustained by me or my vehicle directly or indirectly arising out of my participation in the Event (including the application of emergency or medical services at the Event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise (including out of the transportation of my vehicle by air arranged by the Organiser) save that nothing in these Terms and Conditions shall be construed as excluding or limiting the Organiser’s liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, I covenant not to sue the Organiser, its officers, directors, employees, consultants, agents and Event sponsors for any and all damages, personal injuries (including death), and/or claims which may be sustained by me directly or indirectly arising out of my participation in the Event. This release and discharge includes, but is not limited to, claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognisable claim arising out of my participation in the Event (including all legal costs associated with such claims).
I hereby agree to release, defend, indemnify, and hold harmless the Organiser, its officers, directors, employees, consultants, agents, Event sponsors and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of my actions or otherwise from my participation in the Event whether made or claimed during or after the Event, including all associated costs and expenses and any amounts which the Organiser may pay as a settlement or compromise of any such claims or liabilities. I have read this waiver, fully understand its terms, and understand that I have given up substantial rights by signing it. I have done so freely and without inducement, coercion, or duress. I intend this waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that, if any portion of this waiver is held to be invalid, the balance of the waiver shall continue in full force and effect. Please note that by completing the entry form and accepting these terms and conditions you are concluding a legally binding agreement with us to participate in the Event on these terms and conditions.
By making payment and booking your place, you accept and acknowledge that:
a) you have read and fully understand the Terms and Conditions contained within this Agreement;
b) you agree and abide to the Terms and Conditions contained within this Agreement;
c) you have read, fully understand and accept the terms of the Release and Waiver of Responsibility; and
d) you acknowledge and accept that you have had the opportunity to take independent legal advice prior to signing this Agreement.
We need to ensure that this document is worded so that no signature is required and that by ticking the terms and conditions box for an event (or by RSVPing or by paying)
Event Details are handed online
SIGNED BY: ____________________________________
(please print Participant’s name)
PARTICIPANT’S SIGNATURE: ____________________________________
RIVIERA CIRCLE EVENT ENTRY REQUIREMENTS FORM
Event organiser to insert details about the Event:
Entry Fee payable:
Balance of Entry Fee to be paid within fourteen days of your deposit being paid
Maximum number of cars permitted for the Event:
Your Full Name: [insert details]
Your Address: [insert details]
Your Telephone Number: [insert details]
Your Email: [insert details]
Your Vehicle’s Details: [insert details]