1. This agreement is between Your choice of charity (we/us/our), Skyline Promotions Limited (Skyline) and you and relates to your proposed participation in your challenge event (the event).
2. This agreement will come into force when Skyline has accepted your registration to take part in the event. Skyline will notify you of your registration by sending you a receipt for your registration and fundraising administration fee. No contract between us, Skyline and you will exist until Skyline has issued such receipt.
3. Skyline and we reserve the right not to accept your application for registration, in which case Skyline will return your registration and fundraising administration fee.
4. The purpose of this agreement is:
4.1 to enable you to take part in the event so that you can use your participation in it to raise money for your choice of charity; and
4.2 to set out your obligations in relation to the event and Skyline's and our obligations to you in relation to it.
5. The event is not organised by us or Skyline. It is organised by a tour operator and once your tour costs have been paid the tour operator will be fully responsible to you for provision of all travel, accommodation and other tour services in accordance with the information set out in the brochure for the event. Payment of the fundraising administration fee is not a payment for travel services and does not create a contract between you and the tour operator.
6. If you are selected to take part in the event (in accordance with clauses 8, 9 and 10 below) you will have a direct contract with the tour operator for the provision of its services and that contract shall be in the form of the tour operator's booking conditions set out below
7. All enquiries and requests for information before departure will be handled by Skyline whose contact details are set out in the brochure relating to the event.
8. To be eligible for the event you must:
8.1 complete and sign the registration form and return it to Skyline with a registration and fundraising administration fee payable to Skyline; and
8.2 be over 18 at the date of departure; and
8.3 raise for the charity the initial sum of 80% of the total sponsorship and send this to Skyline by cheque made payable to the charity 12 weeks before the trip departs (the due date).
9. You will only be entitled to take part in the event if:
9.1 Skyline receives from you the initial sum specified above by the due date (time being of the essence); and
9.2 you have provided Skyline with a satisfactory reply to a medical questionnaire or have provided the tour operator with a doctor's certificate indicating that you are sufficiently fit and healthy to take part in the event without serious risk to your health and safety or the health and safety of others; and
9.3 Skyline (acting reasonably) is satisfied that your participation in the event is not likely to have a detrimental effect on the morale of the participants as a whole so as to make it likely that other participants will fail to complete the event; and
9.4 you have taken out travel insurance provided by the tour operator or have provided to the tour operator a letter from your insurers in such form as the tour operator may reasonably require confirming that your travel insurance is suitable for the event; and
9.5 we have confirmed that the event will take place by paying to the tour operator the costs of your participation in the event. We will only confirm this 8 weeks before the departure date for the event.
10. As soon as you become eligible to take part in the event, the costs of your participation which we have paid to the tour operator will be protected by the tour operator's ATOL bond arranged with the Civil Aviation Authority. At this point your contract with the tour operator will come into force and you agree to abide by the tour operator's booking conditions.
11. The costs of your participation in the event do not include airport taxes, passenger ferries or border taxes and you will be required to pay these if you take part in the event. The amount of such costs will be notified to you by Skyline as soon as such costs are known.
11.1 If you choose to make personal arrangements with the tour operator for provision of services not arranged between us and the tour operator, you will pay to the tour operator the costs of those services.
12. The conditions for carriage by air of all airlines used will apply in respect of all air travel as if incorporated in this agreement.
13. You agree that you will raise for the charity the minimum sum specified in the brochure for the event and you will use all reasonable endeavours to collect and send such minimum sum (less the initial sum already paid) and all additional sponsorship pledged, to Skyline within 8 weeks after the end of the event. Such sums should be sent to Skyline by cheque made payable to the charity.
14. You agree that in carrying out all fundraising for the benefit of the charity you will comply with the following requirements:
14.1 You will abide by any fundraising guidelines issued by us from time to time;
14.2 You will only use lawful means to fundraise and must not do anything which harms or is likely to harm the charity's reputation;
14.3 You agree to comply with the following financial procedures:
14.3.1 to pay all money collected on behalf of the charity to Skyline by cheque payable to the charity;
14.3.2 to send to Skyline any money you collect within 21 days of you receiving it;
14.3.3 to use (and return to Skyline) the sponsorship form provided to you for the purposes of the event.
14.4 When asking for money from potential sponsors you will make it clear that the cost of your participation in the event will be paid out of the money raised. This cost is stated in the brochure.
14.5 When asking for money from potential sponsors, you will make it clear that their sponsorship will be paid for the benefit of the charity and will not be refundable even if the event does not take place or you do not take part in it or you do not complete it; and
14.6 You agree not to use fundraising materials other than those supplied to you by Skyline and the charity for the purposes of the event.
15. We and Skyline will use all reasonable endeavours to ensure that the event takes place so far as reasonably possible in accordance with the information provided in the brochure. However, bearing in mind the purpose of the event and the eligibility criteria, we may make such alterations to the arrangements as we may reasonably require, including (for example) changes to the anticipated departure date and return date by up to two days either side of those dates, changes to the itinerary and changes to the proposed accommodation.
15.1 Skyline reserves the right to cancel the event at any time before the departure date and in particular to cancel if fewer than 15 participants become eligible to take part.
15.2 In certain circumstances the cancellation of the event or changes in the itinerary or other arrangements could give you rights to compensation and/or refunds under the Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended). Bearing in mind the purpose of the event and that the source of funds for your participation is charity donations, you hereby irrevocably assign to the charity all rights you may now or in the future have to receive such compensation and/or refunds in relation to the event.
15.3 You may in certain circumstances have a right to make a claim to the Civil Aviation Authority for a refund in relation to travel and accommodation costs and other services to be provided by the tour operator. For the same reasons set out in clause 15.3 you hereby irrevocably assign to the charity all such rights as you may now or in the future have to any such refunds in relation to the event.
16. If you choose not to participate in the event or if the event is cancelled or if you do not become eligible to take part in the event or if Skyline prevents you from doing so, all sums collected or pledged will still be payable to the charity. However, Skyline will refund the registration and fundraising administration fee if it cancels the event or we or Skyline or the tour operator prevent you from taking part. The registration fee is not refundable in any other circumstances.
17. The tour operator will be liable to you for the provision of the tour services. The charity is only the beneficiary of your fundraising and is not involved in the event in any way. Skyline only provides administrative services and is also not responsible for the running of the event.
18. This agreement constitutes the entire agreement and understanding between us, Skyline and you relating to the event and supersedes all other prior representations, agreements, or arrangements whether written or oral, express or implied relating to the event.
19. This agreement is governed by English law and you and we irrevocably submit to the exclusive jurisdiction of the English courts.
20. By completing and signing the application form to take part in the event, you agree to be bound by these conditions and by the tour operator's terms and conditions.