RAT RACE TEST PILOT TERMS AND CONDITIONS
1. Purchasing your place in a Test Pilot event
Your place in your chosen Test Pilot event will become confirmed by our team via email from firstname.lastname@example.org after you have paid your deposit online.
The Contract between you and us will come into existence when this payment has been made and your place confirmed in writing by the Rat Race team. All payments are non-refundable (see 1.3 for exception) but can be transferred to other Test Pilot trips if a request is submitted within the outlined time frame.
Places are allocated on a first come first served process online. In the event you pay your deposit, but you miss out on a place in your chosen Test Pilot event, you will have the option for this to be refunded to you minus the booking fee or you can transfer it to another Test Pilot trip. You cannot request a refund if there is a place available for you in your chosen Test Pilot event but you no longer wish to take part, you will be offered credit in line with paragraph 5.
Rat Race event credit cannot be used against Test Pilot places.
2. Pricing and Payment
Upon confirmation and acceptance of your Test Pilot place an instalment plan will then be set up with you by our team to pay the remaining balance via our payment platform. You will receive 3 reminders from the Rat Race team if any payments are missed. If we do not here from you after the third follow up email we will deem your place unilaterally cancelled with no monies refunded or valid for transfer.
3. Hazards & Risks
You acknowledge that Test Pilot trips, by their nature, terrain and/or location, are potentially hazardous and dangerous to Participants and that participation carries a risk of serious personal injury and/or death to you and others and/or damage to equipment/kit/property. You are solely responsible for assessing on each occasion whether you should participate/continue to participate in a Test Pilot trip and this is at your own risk.
If you choose to take part in the Test Pilot trip, you commit to do so with full knowledge and understanding of the risks associated with participation. It is your sole responsibility to inform yourself of the risks involved and you are strongly advised to take every reasonable precaution to avoid such risks. It is also your responsibility to exercise reasonable care and attention whilst participating. You are expected to be able to look after yourself/other Participants included in your booking.
Test Pilot trips take place outside in varied, sometimes extreme, weather conditions (often with little or no warning). You are expected and remain responsible for preparing yourself for the weather conditions of the day accordingly. We accept no liability for any Losses incurred by you in these circumstances.
Test Pilot trips typically include different types of natural obstacles and terrain. The characteristics of these may change in varying weather conditions. They can be naturally occurring (including, but not limited to, rocks, boulders and rivers).
You are expected to use your own judgment at all times when assessing (i) the conditions applicable to the terrain at the time of your Participation.
4. Medical/Fitness Requirements
Because of the nature of the Test Pilot trips, they are not generally suitable for persons with reduced mobility. If you have a medical condition or disability that may affect your participation, you must provide us with full disclosure of this and any special requirements that you may have prior to booking with us.
Participation in the Test Pilot programme involves strenuous physical exertion and you will be required to be active for very long periods of time. You may also need to be active through extreme weather conditions (including inclement weather and/or very hot or cold weather). By booking yourself on one of these trips, you acknowledge these facts and you accept that it is your sole responsibility to ensure that you have a level of fitness and medical condition at least adequate for the trip.
If you require further information regarding a Test Pilot trip to determine if it is suitable for you/your level of fitness/any medical condition you may have, please contact Rat Race Customer Service.
We reserve the right to not accept your Test Pilot booking if, after taking into consideration your special requirements, condition, disability or fitness levels, we reasonably believe that a Test Pilot trip is not suitable/safe for you to participate in.
If you have any specific medical details which you believe may be important, we highly recommend that you write these down and carry on your person at all times during the trip to ensure that anyone coming to your aid is aware of them.
5. Changes & Cancellations Made by You
All payments made to the Test Pilot programme are non refundable. If you cancel your place in a Test Pilot more than 12 weeks out from the first contact day of the trip Rat Race will allow you to move the monies paid to date to another Test Pilot trip. This will be less a 15% admin fee which will be deducted from your credit. Credit issued cannot be used against any new or existing Rat Race event booking and may only be used against a new Test Pilot trip booking.
6. Changes & Cancellations Made by Us
Test Pilot trips are typically arranged over a year in advance. Occasionally we may have to make changes to or cancel your confirmed Test Pilot trip and we reserve the right to do so. If we reschedule your trip we will automatically move you to the new date, if you are unable to make it we will issue you credit for the total monies paid to date for you to use against any NEW Test Pilot Trip OR Rat Race event. There will be no admin fee applied to this credit .
We will have no responsibility to you for (i) any services booked independently from us, (ii) any third party costs, expenses or losses incurred by you if we cancel or make changes to your Test Pilot trip (including, but not limited to, travel costs, accommodation, insurance premiums and/or hire services) or (iii) economic and/or consequential loss suffered by you.
7. Film & Photography Rights
By booking onto a Test Pilot event you give consent to be in our promotional materials. Imagery of you taking part in the Test Pilot trip and any publicly available biographical material of you may be used by us, or our third party commercial partners, for reproduction in any publication, presentation, footage of the Test Pilot trip, sales, publicity of the Test Pilot trip, related promotional material or marketing communication (including email or any other electronic communication) without limitation, throughout the world, and without charge. This consent is imperative to our work and we cannot operate the Test Pilot trip without it. To the extent necessary, you agree to license us (on a non-exclusive basis) to use any such Imagery in whole or in part, without restriction, for any and all such or related purposes described in this entire paragraph.
Note: we will not require your consent for any photographs, videos/films, sound and/or media recordings taken of crowds where they do not identify your Imagery, since they are not considered to be personal data.
Where you have consented to our using of your Imagery, you agree that we have sole discretion to use (or refuse to use) this. You also agree that we may use or edit such Imagery at our sole discretion.
To the extent permitted by law, you expressly waive any claims against us (including our directors, officers, agents, employees, consultants, licensees and assignees) in relation to any issues concerning the invasion of privacy, defamation or any other cause of action whatsoever arising out of the production, distribution, sale, broadcast or exhibition of you Imagery for the purposes outlined whilst your consent to use your Imagery/publicly available biographical material remains valid.
If you wish to engage a third party for the purpose of commercial filming, photography and/or collecting Imagery of you at the Test Pilot trip, you must request our written consent prior to the Test Pilot trip.
You are welcome to take photographs, film footage and create imagery of your participation in the Test Pilot trip for non-commercial purposes (that is for personal and private use only). No written permission is required for the publication of personal images on social media sharing websites such as Facebook and Instagram.
You are NOT permitted to reproduce or use photographs, film footage or Imagery of the Test Pilot trip taken by you for any commercial purpose (including, but not limited to, on websites, in any printed media or matter or in any television programme) without first obtaining our prior written consent.
You agree to make all Imagery obtained by you available for us to use, without charge, for our commercial use. We shall, in our sole discretion, decide whether or not to use the Imagery for these purposes. Your right to withdraw your consent to our using your Imagery shall apply equally to Imagery obtained by you.
To the extent permitted by law, you agree to assign (by way of present assignment of future copyright) to us all rights, title and interests in the world-wide copyright and all intellectual property rights in such reproduced or used photographs or footage together with exclusive world-wide rights of exploitation where it is necessary in order for us to use your Imagery for the uses set out in this paragraph.
8. COVID-19 and Similar Contagions
Whilst efforts are being made across the world by local governments, authorities and health authorities to minimise the spread of COVID-19, there remains a risk that you, or any member of your booking, may be exposed to and/or contract this virus (or similar contagion) at any time before, during or after your participation in an Test Pilot trip if you come into contact with an infected person(s). We are working with our suppliers to ensure that they have implemented systems to follow local guidance/measures and have response strategies in place to offer the best available protection for our customers. The level of measures in place may differ by country/area and may not necessarily be as strict as those in place in the UK. Irrespective of measures being taken, due to the nature of this virus (and contagions of a similar nature) it is not possible to completely eradicate the risk of contracting it.
It is important that you are aware of these risks before you book with us, so that you can proactively decide whether a particular Test Pilot trip /location is suitable for you/your party. We recommend that you consider the FCDO’s latest travel advice https://www.gov.uk/foreign-travel-advice and the infection rates at your intended destination(s) before making your booking (particularly if your Test Pilot trip is outside of the United Kingdom). We also recommend that you discuss any health concerns/conditions that you or any member of your party may have with your GPs before booking with us.
If you chose to accept the risks outlined in this entire paragraph, please ensure that your insurance policy also covers the costs of your medical treatment, Test Pilot trip curtailment, repatriation and associated costs, each to the extent required for your chosen Test Pilot trip, should you contract COVID-19 (or similar contagion).
We will not be responsible if you contract COVID-19 (or similar contagion) when participating in an Test Pilot trip and you are unable to prove that this was contracted due to our negligence.
You must also follow the health guidance in place at that time, which may include a requirement for you and anyone you have been in contact with to self-isolate. If you are unable to travel to/participate in an Test Pilot trip due to restrictions or other controls in place and have to cancel, we regret that you will be subject to our standard cancellation policy.
It is a further condition of your Contract with us that you declare without undue delay during your participation of an Test Pilot trip if you start to display symptoms of COVID-19 (or similar contagion). You will also be required to confirm details of anyone that you have been in contact with during your participation without undue delay.
You agree to adhere to any reasonable requests in respect of hygiene and to comply with all quarantine and other measures (including, but not limited to, wearing protective masks) that are in place at all times. You, and anyone you have been in contact with, may be required to self-isolate.
Where any of the above in this paragraph 19 occurs whilst you are participating in an Test Pilot trip, we will not be responsible for any associated costs that you may incur, including (but not limited to) those relating to additional accommodation, curtailment and missed transport/carriage.
You agree to indemnify us for any costs, expenses (including legal costs and expenses), damages and compensation that we become liable to pay as a result of you (or any member of your party):
intentionally travelling with symptoms of, or a confirmed case of, COVID-19 (or similar contagion);
ignoring any restrictions in place against travel when you have been exposed to someone with symptoms of, or with a confirmed case of, COVID-19 (or similar contagion);
withholding your symptoms, or a confirmed case of, COVID-19 (or similar contagion) whilst on holiday;
failing to disclose the details of anyone you have been in contact with during your holiday if you become unwell;
omitting to tell us that you have been contacted by the UK’s Trace and Trace system (or equivalent) and have been identified as a person that needs to self-isolate;
not following any measures/restrictions/quarantine requirements that are in place; and/or
contracting COVID-19 (or similar contagion) (except where this is due to our negligence).
Changes to Facilities/Itineraries
The effects of COVID-19 (or other similar contagion or associated restrictions, events and government/public authority actions) may mean that travel to/from your Test Pilot trip location, as well as certain services and facilities at destination or included in your Test Pilot trip, may be affected and/or different to those normally expected, sometimes with little or no advanced notice. Examples of this include, but are not limited to:
quarantine restrictions introduced in the UK/your home country or abroad;
requirements to wear protective clothing such as face masks;
disruption of travel, such as inability to board carriage due to you presenting symptoms of illness, changes to facilities at airports/ports/terminals, short notice change of carriers/flights and changes/adjustments to transfers that you may have arranged;
restriction or closure of accommodation facilities and services including, but not limited to, where this is due to an outbreak of COVID-19 (or similar contagion), social distancing requirements or similar (e.g. closure of buffet functions, gyms and other communal areas, restricted numbers for events/classes made available by your accommodation provider), lower levels of staff present, changes to menus/products usually made available due to a shortage of suppliers/the non-availability of products and the introduction of having to book meals and other services in advance;
restriction or closure of local facilities; and
being required to adhere to social distancing requirements and limiting contact to participants within your booking.
It therefore may be necessary for us to make changes to your Test Pilot trip either before its start date or during your participation with little or no notice in these circumstances. We reserve the right to deviate from your original Test Pilot trip course/itinerary or to make changes to the same where it is necessary to do so to ensure your safety. We will not have any liability to you in these circumstances.
9. Law & Jurisdiction
Your contract with Rat Race Events is governed by United Kingdom legislation and law.
The Organiser’s correspondence address is:
Rat Race (Events) Limited, Rat Race Adventure Sports, F3, First Floor, Hurstwood Business Centre, York Road, Thirsk, YO7 3BX
The Organiser’s registered office (not to be used for correspondence) is:
272 BATH STREET, GLASGOW, G2 4JR, SCOTLAND. Company registration no SC259949.
© Copyright Rat Race (Events) Limited