Terms & Conditions
Every competitor must agree to the following Terms and Conditions prior to being allowed to start any of the Beyond The Ultimate races.
YOUR ATTENTION IS DRAWN TO THE DISCLAIMER AT CLAUSE 6, RULES AT CLAUSE 7 AND CANCELLATION BY YOU AT CLAUSE 12.
1. About us
We are Beyond The Ultimate Limited, a company registered in England and Wales under company number: 08287831. Our registered office is at: 68 West Street Worsbrough, Barnsley, Yorkshire, United Kingdom, S70 5DJ.
You can contact us by sending an email to team@beyondtheultimate.co.uk or calling us on +44 (0) 1226 982773.
3. These terms
3.1 These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
3.2 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Beyond the Ultimate Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
3.3 You must be at least 18 years old to place an order on our site.
3.4 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.5 Please print out or save a copy of these terms and any emails from us for your records. These terms are only available in English.
4. Orders
4.1 Please check your order carefully and correct any errors before you submit it to us. We reserve the right to cancel your order if any of the information you have provided to us is incorrect. We shall not be liable for any damage or losses incurred as a result of you providing incorrect information, including any medical information.
4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to book a place on the Race in accordance with these terms.
4.3 In our acknowledgment email, we will invite you to provide further information. We will not accept your order until you have provided us with all the required information. You agree to provide us with the requested information within 120 days of the date of your event. If you fail to provide the requested information, we may cancel your order and offer the place on the Race to another customer.
4.4 Acceptance of your order by us takes place after you have provided all required information and when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
4.5 If we do not accept your order, for example because we are unable to take payment, what you’ve ordered is unavailable, you fail to provide the required information, you are under 18 or there has been a mistake regarding the pricing or description of the Race, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason. If we have already taken payment we will provide you with a refund.
4.6 Participation in the Race is personal to you, you are not permitted to sell or transfer your place in a Race to any other person.
4.7 All orders are subject to availability. If your preferred race is unavailable you will be able to put yourself on our waiting list. We make no guarantee that a place on your preferred race will become available.
4.8 If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
5.1 By making an order, you are agreeing to enter into the Race and pay the Fees, participate in the Race on the Departure Date, abide by these conditions and any instructions given to you by us or any Race officials.
5.2 You will be required to carry a kit for the duration of the Race. The kit may be provided by us or you may be required to obtain the equipment in advance at your own cost and in accordance with a kit list provided by us. You acknowledge that you have considered this requirement when assessing your fitness and suitability for the Race. You agree to use the kit and its contents for its intended purposes and in accordance with instructions.
5.4 Where the kit is provided by us, you agree to use all equipment with reasonable care and skill and, where the equipment is required to be returned to us, to return it promptly at the end of the Race in substantially the same condition as it was when it was provided to you.
5.5 You may be provided with a GPS tracker to track your location during the Race. You agree to use the GPS tracker in accordance with instructions and to return it to us at the end of the Race. If you do not return the GPS tracker within 30 days of the end of the Race, we reserve the right to charge you for the replacement.
5.6 You acknowledge that we carry out tests on the GPS trackers before each Race. We are not responsible for any fault in the GPS tracker.
6.1 The Race is physically challenging and carries with it risks that we cannot entirely eliminate. These include the risk of personal injury, such as dehydration, hyponatremia, altitude sickness, sun or heat stroke, exhaustion, frostbite, frozen limbs, hyperthermia, injury caused by wild or dangerous animals, mental trauma and death.
6.2 In the absence of any negligence or other breach of duty by us, participation in the Race is entirely at your risk.
7.1 You must act responsibly and sensibly at all times.
7.2 You must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs.
7.3 You should not participate if you feel unwell, unfit or that you may not be able to safely take part in the Race for any reason.
7.4 You must follow any safety warnings or instructions displayed or given to you by a member of staff.
7.5 We are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating.
7.6 You are responsible for assessing your fitness and medical condition ahead of the Race and ensuring that you are sufficiently fit and healthy to participate in the Race unaided. In making this assessment, you will consider the location, distance and all the conditions of the Race and the impact this will have on your ability to compete.
7.7 We work with third party private medical practitioners to provide medical support to competitors during the Race. You agree to cooperate with such third party organisations so that they may provide any necessary medical care and treatment. If you get lost on a Race, we may wait up to 24 hours before informing your emergency contact in order to investigate.
7.8 You acknowledge that you may be required to use outdoor survival skills such as using the equipment provided, basic navigation and compass reading.
7.9 You acknowledge that local hospitals, transport and other facilities may be limited and that emergency evacuation may be seriously delayed or in some cases not available. If you finish the Race early or are unable to complete the Race, transport may not be immediately available. In these circumstances, you are responsible for any accommodation costs relating to this period.
7.10 You are responsible for obtaining any inoculations, medications, visas, or other requirements necessary to travel to the location of the Race.
7.11 You agree to obtain adequate insurance to cover your participation in the Race which is applicable for the location at which the Race takes place.
7.12 We reserve the right to require you to refrain from or cease participating in the Race if:
7.12.1 we reasonably believe that your participation in the Race:
7.12.1.1 may cause injury to you or another contestant;
7.12.1.2 may damage or harm the environment;
7.12.1.3 otherwise causes a risk or potential risk to health and safety;
7.12.2 you are unfit to participate in the Race for any reason;
7.12.3 you fail to follow instructions;
7.12.4 you fail to provide requested information within a reasonable time or provide information which is incomplete, inaccurate or incorrect;
7.12.5 you fail to arrive at the departure point at the specified time;
7.12.6 you are unable to make sufficient progress in the Race within the indicated timelines;
7.12.7 any other circumstances arise due to which we consider that the Race cannot safely take place.
8. Descriptions
8.1 Descriptions of the Race are set out on our site, on the Runner Portal and in the Race Pack. Please read the descriptions carefully. It is your responsibility to familiarise yourself with the details of the Race and confirm that you are sufficiently fit and healthy to take part.
8.2 Any pictures and images provided on the site are for illustration purposes only. The circumstances of the Race you purchase may vary slightly from those pictures or images.
8.3 You agree to read and familiarise yourself with any documentation provided to you by us prior to the Departure Date, including the Race Pack and all information located on the Runner Portal.
9.1 The Race will take place at the time on the Departure Date and at the location specified in your order.
9.2 We will do all that we reasonably can to provide the Race at the time and on the Departure Date stated. If there might be a delay before we can start or restart the Race, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
9.3 Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the Race as soon as the issue causing the delay has been resolved. If the Departure Date is required to be changed, we will email you to let you know and offer you the option to (i) proceed with the Race on the new Departure Date, (ii) transfer your order to another race (subject to availability) or (iii) cancel your order. If your order in cancelled in these circumstances, clause 15 shall apply.
9.4 We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to provide us with any requested information or you provide information which is incomplete, inaccurate or incorrect.
9.5 We are not liable to you if we fail to comply with these terms or the Race does not take place because of circumstances beyond our reasonable control.
10.1 Prices for our Races are set out on our site. All prices are in pounds sterling (£)(GBP) but exclude international travel. Unless stated otherwise in the Race Pack, you will be responsible for arranging and meeting the costs of travel to the departure point and any accommodation before or after the Race.
10.2 Prices for our Races may change at any time. Except as set out in clause 10.3 below, such changes will not affect existing orders.
10.3 If there has been an error on the site regarding the pricing of any of our Races and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
You agree to pay the Fees in accordance with Schedule 1 and the terms set out in the Runner Portal.
12. CANCELLATION BY YOU
12.2 To cancel your order, please contact us via the Runner Portal.
12.3 If you cancel your order, up to 120 before the scheduled start of the race we will use reasonable endeavours to offer you a place on an alternative race of your choice (subject to availability and any difference in price). We may charge a reasonable administrative fee to change your order.
13.1 We are under no obligation to hold the Race and may cancel the Race for any reason including, but not limited to:
13.1.1 if the minimum number of contestants has not been reached at least 120 days prior to the departure date; and
13.1.2 if the Race cannot go ahead due to extreme weather, travel restrictions or any other reason outside our control.
13.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to cancel the Race. If this happens and it affects your order, we will notify you by email and cancel your order. In these circumstances we will use reasonable endeavours to offer you a place on an alternative race of your choice (subject to availability and any difference in price).
14 REFUNDS IF WE CANCEL YOUR ORDER
14.1 In the event of cancellation of the Race or your place in the Race for any reason, we will not be liable for any costs incurred as a result of cancellation including, but not limited to, any travel or accommodation costs.
14.2 In the event of cancellation of the Race or your place in the Race by us for any reason, and should we opt to provide you with a full or partial refund, this shall only relate to any Fees actually paid by you to us.
15 Faulty services
15.1 Any services that we provide to you must be provided with reasonable care and skill.
15.2 We are under a legal duty to supply services that are in conformity with our contract with you.
15.3 If the Race is not carried out with reasonable care and skill, you can ask to compete in another race (subject to availability and reasonable administrative costs and any difference in price), or request a refund if we cannot offer an alternative race.
15.4 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 12 and 13 above. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
15.5 If there is a problem with anything you have purchased from us, please contact us as soon as reasonably possible.
16 Our liability to consumers
16.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
16.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
16.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
No one other than us or you has any right to enforce any of these terms.
19.1 If you are unhappy with us or the goods, services or digital content we have provided to you, please contact us at team@beyondtheultimate.co.uk
19.2 Our Complaint Handling Policy is available on our website.
20 Governing law and jurisdiction
20.1 English law applies to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the English courts.
21.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
21.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
21.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
SCHEDULE 1 – PAYMENT TERMS
1. We accept all major credit cards and debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer.
2. Any services you buy from us must be paid for in advance. We will authorise payment at the time you place your order, however we may not take payment from your card until you have provided us with all the required information and we are able to accept your order.
3. The payment schedule for the Race will be set out in the Runner Portal. If there is any conflict between the payment terms set out in the Runner Portal and this Schedule 1, the Runner Portal shall prevail.
4. Unless otherwise stated in the Runner Portal or on our site in relation to the Race, payment for the Jungle Ultra, Ice Ultra, Desert Ultra, Mountain Ultra and For Rangers Ultra Race will be due as follows:
a. 25% of the total Fees when you place your order;
b. 25% of the Fees at least 270 days prior to the Departure Date
c. 25% of the Fees at least 180 days prior to the Departure Date and;
d. the remaining 25% of the total Fees at least 90 days prior to the Departure Date for that Race.
5. Unless otherwise stated in the Runner Portal or on our site in relation to the Race, payment for the Highland Ultra will be due as follows:
a. 50% of the total Fees when you place your order;
b. 50% of the Fees at least 90 days prior to the Departure Date
6. If you make your order within 180 days but more than 90 days prior to the Departure Date, 50% of the Fees shall be payable immediately. If you make your order within 90 days of the Departure Date, 100% of the Fees shall be payable immediately.
8. If we are unable to take payment from your card, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
9. If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 4% percentage points per year above Barclays Bank plc’s base rate.