UK ULTRA LIMITED TERMS (Winter Ultra/Hibernal Hills dates in brackets)
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you. Our Services are events, which you can sign up to participate through our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Rights as a consumer? Under these terms and conditions, you are a consumer which means:
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are UK Ultra Limited registered in England and Wales. Our company registration number is 12676991 and our registered office is at 1st Floor, Cromwell House, 14 Fulwood Place LONDON WC1V 6HZ
2.2 How to contact us. You can contact us by e-mailing neil@ukultra.co.uk
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your booking. Our acceptance of your booking will take place when we email you to confirm your place at an event, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your booking. If we are unable to accept your booking for an event, we will inform you of this in writing and will not charge you for the service. This might be because the event is fully booked, or we have had to withdraw the event.
3.3 The Competitor Responsibility Statement and the Liability Waiver form part of our contract with you.
4. OUR SERVICES
4.1 Services may vary slightly from their description or previous photos. The services we provide are the promotion of events, which you agree to participate in in accordance with these terms and conditions, event details stated on the website and any other written information we may provide to you. The images of the events on our website are for illustrative purposes only. The routes or details of the events may change from the description on the website
5. YOUR RIGHTS TO MAKE CHANGES
5.1 We understand that your circumstances can and do change after you have entered an event. We have a flexible policy when receiving requests to withdraw from an event, but for clarity, here is our policy for withdrawals:
If you wish to withdraw from the event and we are notified up to 28 days before the date of the race, we are happy to offer you the opportunity to transfer your entry to a friend/colleague, if we have their full details 28 days in advance of the race. Please note that transferring your entry to somebody else without notifying us is irresponsible and dangerous, particularly in a medical emergency. Doing so can also lead to disqualification from future races. You will also be able to defer your place to the following years event.
6. OUR RIGHTS TO VARY, POSTPONE OR CANCEL AN EVENT
6.1 We may vary, postpone, or cancel any event:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement adjustments and/or improvements, which may include but is not limited to amending a route, timing or date of an event or any other aspect of an event to address:
6.2 If an event has to be postponed or cancelled, then we shall use our reasonable endeavours to find an alternative date or event. It is acknowledged by both parties that a postponement of any event for up to 18 months is a considered a reasonable time due to the restrictions and planning requirements for such events. You will also allowed to transfer your place to any of our other events if the new date does not fit.
7 REFUNDS
7.1 Anytime up until March 30th (October 5th/December 7th) you are entitled to a 70% refund and 50% after until April 28th (November 9th/January 4th). After this time no refunds will be given. The only exception to this is pregnancy in which case you will be entitled to a full refund at any time. You will be able to defer your entry to the following year up until two weeks before the race. You can transfer your place to another person up until two weeks before the race. This person must also meet the qualifying criteria and must give us their full details. Full refunds will not be granted for any circumstances other than those above and those set out in clause 9.1.
7.2 How we will refund you. If the circumstances set out in clause 7.1 or 9.1 apply, we will refund you the relevant amount via bank transfer. However, we may make reasonable deductions from the price.
7.3 When your refund will be made. We will make any refunds due to you as soon as possible, but in any event your refund will be made within 7 days of your telling us you have changed your mind or us agreeing a refund is due.
8. PROVIDING THE SERVICES
8.1 When we will provide the services. SAVE FOR the circumstances set out in clause 6 and 8.2 the events will take place on the dates set out on the website.
8.2 We are not responsible for delays outside our control. If the event is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If events beyond our control result in us having to cancel or postpone the event, then clause 6.2 shall apply.
8.3 What will happen if you do not give required information to us. We may need certain information from you so that you can participate in an event, including but not limited to the medical waiver form set out on our website. If so, this will have been stated on our website or requested by e-mail from us to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract and no refund will be provided.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Ending the contract due to our negligence. You have a legal right to end the contract if we are negligent, the contract will end immediately, and we will refund you in full.
10. HOW TO END THE CONTRACT WITH US
10.1 Tell us you want to end the contract. To end the contract in accordance with these terms and conditions, please let us know by emailing us at neil@ukultra.co.uk.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, as set in clause 8.3
12. IF THERE IS A PROBLEM WITH THE EVENT
12.1 How to tell us about problems. If you have any questions or complaints about the event or service received from us, please contact us at neil@ukultra.co.uk.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE SERVICES IF YOU ARE A CONSUMER
13.1 If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the services will be the price indicated on our website when you placed your order. We take all reasonable care that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services may be incorrectly priced. If we accept and process your order, we may end the contract, refund you any sums you have paid.
14.4 When you must pay and how you must pay. We accept payment as set out on our website. The full price of the event must be made at the time of booking.
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
15.2 Limitation on our other liabilities to you All other liabilities howsoever arising in either contract or tort shall be limited to the price you paid for the of the event.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
16.2 You hereby grant us permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant us full unrestricted rights to the use of your photograph, voice, and likeness in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
17.7 Dispute Resolution. In the event of any dispute relating to these terms and conditions or any event organised by us, both parties agree to attempt to resolve the matter through mediation prior to issuing legal proceedings. Mediation is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. In the event of a dispute both parties shall agree an independent mediator.