LEGALS
Your contract is with Your Sporting Challenge Ltd. These booking conditions apply to any booking, which you make with us, so you should read them carefully. They contain some exclusions and limitations of liability.
1. Changes in Terms and Conditions
The Company has the right to change or discontinue any aspect or feature of the Website including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. The Company has the right to change or modify the terms and conditions applicable to the user's use of the Website or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which the user obtains notice thereof. Any use of the Website by the user subsequent to such notice shall be deemed to constitute acceptance by the user of such changes, modifications or additions. Your Sporting Challenge reserves the right to revise the General Terms and Conditions at any time, and add to any contract a prevailing set of Event Specific Terms and Conditions valid and binding for a specific event.
2. Your Contract
When you make a booking you guarantee that you have the authority to accept on behalf of your party the terms and conditions. A contract will exist as soon as we issue our confirmation invoice, for Internet or email bookings a contract will exist as soon as the booking is confirmed over the web, by email or verbally by telephone. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times.
3. Your Financial Protection
We are a retail agent for ATOL holders, issued by the Civil Aviation Authority, which provides for your protection on flights and travel packages, in the event of our insolvency. Ask for details when you book.
Your Sporting Challenge also holds an International Passenger Protection bond and Public liability Insurance, in the event something should happen to you whilst using one of our services aboard.
4. Your Booking Price
When you make your booking you must pay a deposit as requested (some bookings may require further deposits prior to the balance deadline, which will be specified at the time of booking), plus any insurance premiums. The deposit requested may equal 100% of the value of the total booking. The balance of the price of your booked arrangements must be paid at least 10 weeks before your departure date. If your booking falls within this ten weeks period, full payment will be required at the time of confirmation. We hold all monies you pay to Your Sporting Challenge Ltd on your behalf until we issue our confirmation invoice. The person completing the booking (including web, telephone or email bookings) accepts responsibility for payment for all of the persons on the booking, and is responsible for informing all party members of the relevant booking details and conditions. On tickets and hospitality there maybe a premium charged above face value, to sold out events, which reflect our costs of obtaining preferred seating. This premium is based on supply and demand along with seat location. The price of your travel arrangements are subject to surcharges for increases in transportation costs where such increases are as a result of Governmental action such as an increase in VAT or any other Government imposed increases. In addition to these surcharges, airlines may deem it necessary to charge ‘fuel’ surcharges, these charges maybe added to the cost of your holiday at the discretion of Your Sporting Challenge Ltd. Where you have to pay a surcharge there will be an administration charge of £1.00 per person together with an amount to cover agents’ commission
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel/booking arrangements in anyway, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £30.00, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the airfare. Changes of this nature are subject to availability at the time of rebooking. It will not be possible to make changes within 28 days of your scheduled departure date.
6. If You Cancel Your Booking
You, or a member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges: -
70 days or more: Deposit Only
43 to 69 days: 50%
29 to 42 days: 75%
0 to 28 days: 100%
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
In some cases Your Sporting Challenge Ltd will apply alternative cancellation terms, of which you will be notified in advance (Example: Scheduled Flights, Sports Hospitality or Ticket Only) at time of booking. For these bookings you will have to pay for 100% of the value of the contract at time of booking. Cancellations on a booking of this nature, which are made after a booking has being confirmed either verbally or by confirmation invoice, will incur a 100% loss. Your Sporting Challenge will endeavour to either re-sell all or parts of your booking on your behalf, to help reduce your liability, under your instruction, but accepts no liability if this cannot be achieved.
7. If We Change Or Cancel Your Holiday or Booking
It is unlikely that we will have to make changes to your travel arrangements, but we do plan most arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached. However, we will not cancel your travel arrangements less than 8 weeks before your departure date; except for reasons of force majeure; except tours booked within the 8 week period prior to travel which operate under specific cancellation terms, notified to you at the time of booking, such as minimum numbers not being reached; or, failure by you to pay the final balance. If the deposit and/or balance are not paid in time, we shall cancel your arrangements. If the balance is not paid in time we shall retain your deposit, we also reserve the right to resell the package without informing you. If we make a major change to your travel arrangements we will inform you as soon as possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel/accommodation arrangements from us if available, or cancelling and receiving a full refund on monies paid. Please note that carriers, such as airlines, used in the brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return journey by less than 12 hours, or changes of aircraft type. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below subject to the period before scheduled departure:
70 days or more: Nil
69 days or less: £10.00
For hospitality or ticket only bookings, should an event for any reason be cancelled or rescheduled, Your Sporting Challenge will strictly only be liable for the face value of the hospitality or ticket, regardless of any premium charged.
FORCE MAJEURE: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, unavoidable technical problems with transport, closure of airports for any reason, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, or other unforeseen circumstances that may amount to force majeure.
8. Late payment
Interest at the rate of 5% above the Bank of England base rate per month will be levied on late payments over 30 days unless Your Sporting Challenge has agreed in writing special extended terms with the client. This levy will then be introduced after the extended terms expire.
9. If You Have A Complaint
If you have a problem with your flight, holiday or booking, please inform Your Sporting Challenge Ltd immediately, who will endeavour to put things right. You can either telephone the tour representative in resort (whose’ contact details will be provided prior to departure), call us on 0044 (0) 845 121 2018, or e-mail us at cservices@yoursportingchallenge.com It is unreasonable to take no action whilst on holiday, but then write a letter of complaint on return. If you do not raise your concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 1 Ogden Street, Didsbury, Manchester. M20 6DN giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. We will respond to written complaints within 28 days.
10. Special Requests
You must inform us at the time of making your booking of any special requests which you may have so that we are able to make arrangements, as far as reasonably possible, to cater for them. However, we cannot guarantee that we will be able to cater for all special requests. We may have to make a charge to meet the cost of providing them. Please note that such requests do not form part of our contractual obligations and we have no liability to you if they are not met.
11. Our Liability to You
(i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in the sales Invoice confirmation. If any parts of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your travel/booking arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of twice the cost of your travel arrangements excluding any amendment charges or insurance premiums.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law.
(iii) In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. You can ask for copies of these international conventions from our offices at 1 Ogden Street, Didsbury, Manchester M20 6DN or 0845 121 2018.
(iv) We cannot accept liability where the failure to perform the contract or improper performance of the contract is due to: -
(a) Acts and/or omissions of yourself or any member of your party.
(b) The fault of someone else, not connected with the provision services contracted for and is unforeseen or unavoidable.
(c) Any circumstances, unusual or unforeseeable, beyond our control, which could not have been avoided even if all due care had been excised.
(d) Any event, which we, or the supplier of any part of the contract, even with all due care, could not foresee or forestall.
12. Disclaimers and Limitation of Liability
i. Neither the Company, its affiliates, nor any of their respective employees, shareholders, agents, third party content providers or licensors, warrants that the Website service will be uninterrupted or error free; nor do they make any warranty as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
ii. The Website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by law and incapable of exclusion, restriction or modification under the applicable law.
iii. This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence or under any other cause of action. The user specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other user or third parties and that the risk of injury from the foregoing rests entirely with the user.
iv. In no event will the Company, or any person or entity involved in creating, producing or distributing the Website be liable for any damages, including, without limitation, direct, indirect, incidental, special consequential or punitive damages arising out of the use of or inability to use the Website. The user hereby acknowledges that the provisions of this section shall apply to all content on the Website.
v. In addition to the terms set forth above, neither, the Company, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthencity of, the information contained within the Website or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, loss of profits, punitive or consequential damages.
13. Indemnification
The user agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, shareholders, employees, agents and assigns from and against all claims and expenses, including legal fees, arising out of the user's use of the Website.
14. Remedies for users' breach of Terms
In the event of any breach of these Terms by a user, and without prejudice to any other rights, which the Company might have, the Company has the right to:
i. Warn the user by email of such breach
ii. Delete any content, which the Company considers to be in breach
iii. Discontinue the user's registration with the Company
iv. Proceed to the proper law enforcement authorities for further action
v. Pursue any further action that the Company shall deem appropriate in the circumstances
15. Personal Injury Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity, which does not form part of your travel arrangements, or an excursion arranged through us, we should at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to us. We limit the cost of our assistance to you or any member of your party to a maximum of £100.00.
16. Conditions of Carriage
The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms, which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. This information is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be less than 2 years of age on the date of its return flight.
17. Brochure & Sales Information Accuracy
We will provide facilities and services as advertised in any sales information sheet or brochure or website. If those facilities or services are withdrawn or limited for any reason, we will try to advise you, and where appropriate pay compensation. We cannot pay compensation for events that are out of the control of Your Sporting Challenge Ltd or its suppliers.
18. Travel Documentation
It is your responsibility to have valid travel documentation. We will look to recover from you any fines imposed upon your carrier or Your Sporting Challenge Ltd as a result of your holding incorrect or improper documentation.
19. Checking Inbound Flights
On flights it is your liability to confirm your flight details prior to departure, not more than 48 hours and not less than 12 hour prior to the previously notified flight time. Documentation included with your tickets will advise if this requirement is necessary and we cannot accept liability for any losses or expenses to passengers who fail to comply with this condition. The times quoted on your flight tickets are local times. It is essential for you to check in at least 2 hours before the flight departure time. If the outbound journey is not used with the inbound flight then the reservation is automatically cancelled.
20. Insurance
Adequate travel insurance cover must be taken. Should you wish to pre-book the specially negotiated Your Sporting Challenge cover, please call for more details on 0845 121 2018 or email sales@yoursportingchallenge.com
21. Passport & Visa
Please ensure that your passport and any necessary visas are valid for your complete trip and that the name on your passport matches the name on your ticket. Most countries require passengers to have at least six months validity remaining on a full 10-year passport. Visas may be required for British Citizens for entry to non EU countries Visas may also be required for longer stays over three months in certain EU countries. For up to date on immigration and visa requirements please contact the embassy, High commission or consulate of your destination.
22. Downloading of Intellectual Property
This Website contains copyrighted materials, trademarks and other proprietary information, including but not limited to, text, software, photos, videos, graphics, music, and sound, some of which is owned by the Your Sporting Challenge and some of which is owned by third parties. Furthermore, the entire contents of this Website are copyrighted as a collective work/compilation. Your Sporting Challenge owns copyright in the selection, co-ordination, arrangement, and enhancement of such content, as well as in the content original to it. The user may not modify, publish, transmit or participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The user may download copyrighted material for user's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Your Sporting Challenge (and the copyright owner if other than Your Sporting Challenge). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
23. The Website content
Third parties supply a portion of this Website. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Your Sporting Challenge. Neither Your Sporting Challenge nor any third provider guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. Your Sporting Challenge neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by any opinion, advice or statement made on the Website by anyone other than employee spokespersons of the Company while acting in their official capacities.
24. Miscellaneous
i. In the event that any of these provisions is deemed to be invalid, the validity of such provision(s) shall not affect the validity of these terms and the remainder shall remain in full force and effect.
ii. Any failure by Your Sporting Challenge to exercise or enforce any right or obligation conferred upon it shall not constitute a waiver of such a right nor bar the Company from exercising or enforcing it.
iii. Your Sporting Challenge may assign its rights and obligations under these Terms and upon such assignment, Your Sporting Challenge shall be relieved of further obligation hereunder.
iv. All users represent that they have authority and capacity to register with Your Sporting Challenge according to these Terms.
Law
This Agreement shall be construed with the laws of England and the user irrevocably submits to the exclusive jurisdiction of the courts of England.
Health & Safety
For medical advice regarding your journey, including vaccinations, please contact your GP. The Department of Health leaflet “Health Advice for Travellers” is available from the Health Literature Line on free phone 0800 555 777. The Foreign and Commonwealth Office (FCO) issues up to date information on safety issues for many countries worldwide. For details, contact the FCO Travel Advice Line on 020 7238 4503/4504 or BBC Ceefax or www.fco.gov.co.uk
