1. Definitions

 

1.1. “You” or “Participant” refers to the person registered on the Event and fundraising on behalf of Dig Deep (Africa).

 

1.2. The “Charity” or “Dig Deep (Africa)” refers to Dig Deep (Africa), registered charity number 1148745, or any other partner Charity specified during registration.

 

1.3. “Deferral” refers to a Participant delaying participation in an Event until a later year, dependent upon them meeting their pre-agreed fundraising target and paying an additional registration fee.

 

1.4. “Event” means a Challenge Event, provided by the Event Organiser and a named third party operator, and undertaken by the Participant.

 

1.5. The “Event Organiser” refers to Dig Deep Challenges Ltd, company number 8591740, a trading subsidiary of Dig Deep (Africa).

 

1.6. “Registration Fee” means the fee paid when registering for an event.

2. Registration

 

2.1. Official registration with the Event Organiser is only completed once the Registration Form has been completed and the relevant Registration Fee submitted. The following terms and conditions are agreed on the presumption that both of these have been fulfilled.

 

2.2. The Participant must be aged 18 or over at the moment of registration for their chosen Event to participate.

 

2.3. Due to the immigration restrictions which differ from country to country, the Participant accepts that the Event Organiser cannot take responsibility for the potential denial of any visa applications/entry to a particular country during an international fundraising event.

 

2.4. The Participant accepts that part of the Registration Fee will be used to cover administrative costs incurred by the Event Organiser as part of arranging the Event and is non-refundable with the exception of the circumstances outlined in clauses 2.5.4, 3.1, 3.9 & 5.2.

 

2.5. For Events where a departure window is given in place of an exact departure date, Participants agree to the following:

 

2.5.1. The Event Organiser will provide the Participant with the exact date of departure by the date specified during, and agreed to by the Participant, during the registration process.

 

2.5.2. The Event Organiser will endeavour to place the Participant on a trip departing during the chosen departure window.

 

2.5.3. Where this is not possible, the Participant will be offered a trip departing on an alternative date.

 

2.5.4. If no suitable date can be found outside of the chosen departure window, the Participant will be eligible to receive a refund of the Registration Fee.

 

2.6. All Participants must complete a pre-departure form, to be submitted no later than 5 weeks prior to departure. The Participant’s place on the trip is dependent upon this form being completed. Neither the Charity nor the Event Organiser will be liable for costs incurred as a result of the late submission of this form.

 

3. Cancellation and deferral

 

3.1. The Participant has the right to cancel their registration and receive a refund of the Registration Fee up to 14 working days from the date of registration. Requests to cancel registration should be made in writing to the Event Organiser.

 

3.2. Should the Participant, for whatever reason, not take part in their chosen event, all monies collected should be forwarded to the Event Organiser, or returned to donors. Any money already submitted to the Event Organiser prior to the decision is not refundable and is considered to be a gift made to the Charity, unless it was specified as a contribution towards the costs of the trip when the payment was made.

 

3.3. In the event of the Participant withdrawing from an Event the Event Organiser will endeavour, where possible, to offer an alternative event, and to carry over funds raised with any costs incurred deducted. This is not a contractual obligation.

 

3.4. In some circumstances, such as bereavement or illness, you can defer your participation in an Event. Any request to defer is subject to the Event Organiser’s discretion and will be judged on an individual basis. In the case of deferral all fundraising monies raised can be carried to another fundraising event. Participants accept that an alternative deadline for fundraising monies to be submitted will be imposed.

 

3.5. Participants who defer their participation in an Event accept that they may be asked to pay an additional amount to cover increased costs, which are beyond the Event Organiser’s control, or any non- refundable charges. This policy is designed to ensure that the Event Organiser obtains full cost recovery on Event management thereby maximizing available funds to our charitable activities.

 

3.6. The Participant agrees that if they withdraw from an Event, deferring their participation to the following year, any costs incurred will be deducted from their total fundraising carried over.

 

3.7. Participants who defer after their final fundraising deadline accept that they will be asked to cover the cost of their flight and tour. This amount cannot be fundraised. The Event Organiser will assist, where appropriate, with any travel insurance claims. Deferral places cannot be confirmed until this amount is recovered.

 

3.8. When signing up to a new event, deferred Participants will pay a Registration Fee, which will be used to cover administrative costs incurred by the charity as part of arranging the event. This fee is non-refundable with the exception of the circumstances outlined in clauses 3.1, 3.9 & 5.2.

 

3.9. In cases where the minimum group size is not met for a trip, the Event Organiser will endeavour to offer an alternative departure date on another trip. If no suitable date or trip is found, the Participant can defer to a trip the following year, or will be entitled to a refund of their Registration Fee.

 

3.10. If the Event Organiser cancels the Event for reasons not covered in clause 9.1, no funds raised can be refunded to the Participant, but the Registration Fee can be returned upon request.

 

4. Liability

 

4.1. The Event Organiser is not liable for refunding any sums as a result of withdrawal from the Event due to ill health. The Participant should insure themselves against this risk by taking out a suitable Insurance Policy after registration.

 

4.2. The Event Organiser frequently performs appraisals of our tour operators and performs risk assessments of all Challenge Events. Partaking in a fundraising Event organised by the Event Organiser may involve an element of personal risk/potential hazard. We cannot be responsible for damage, illness or injury sustained during or resulting from participation in this event.

 

4.3. The Event Organiser offers challenges that involve inherent risks related to trekking in high altitude environments. There is a significant risk of altitude sickness which can lead to sickness, serious injury and in some cases death. The Participant accepts these risks are more likely during a shorter climb duration, such as the Event Organiser offers.

 

4.4. In addition, the Participant certifies that they will have insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance and helicopter evacuation, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Participant. In the case of Mt Kenya challenge events this must include helicopter evacuation from an altitude of up to 5,000m. In the case of Mt Kilimanjaro challenge events this must include helicopter evacuation from an altitude of up to 6,000m. The Event Organiser will, as standard, recommend that the Participant takes out specific policies for which the Event Organiser has negotiated favourable discounts on behalf of the Participant; however, the participant is under no obligation to follow these recommendations and, if the Participant does follow these recommendations, it is the individual’s responsibility to ensure this policy covers all activities detailed in this clause. In certain circumstances the Event Organiser may insist that Participants take out a policy relating to their Event and it is the Participant’s responsibility to ensure their policy covers all activities detailed in this clause.

 

4,5. The Event Organiser reserves the right to deny any Participant their place on a fundraising Event if they fail to provide a policy reference number and the name of the insurer prior to departure. The Event Organiser cannot be held liable for the failure of a Participant to insure themselves adequately.

 

4.6. Any costs incurred by the Event Organiser as a result of inadequate insurance for rescue or medical treatment must be repaid within 28 days.

 

5. Disclosure

 

5.1. The Participant is obliged to discuss any pre-existing medical conditions with their doctor and it is the Participant’s responsibility to determine if they are in suitable physical and mental health to undertake the Event.

 

5.2. The Participant will be eligible for a refund of their Registration Fee if they are unable to participate on medical grounds, due to a pre-existing medical condition, by producing a letter from their doctor within 30 days of registration.

 

5.3. If a Participant does not return a letter from their doctor to the Event Organiser within 30 days of registration, they will not be eligible to have their Registration Fee returned should they be unable to participate on medical grounds.

 

5.4. Details of any pre-existing medical conditions will be requested prior to the Event. Participation is at the discretion of the Event Organiser, and their decision is final. You may be asked to provide more information at the request of the Event Organiser, with regards to any medical condition declared on the medical section of the Pre-Departure Form.

 

5.5. Should a Participant’s medical condition change after registration, it is their responsibility to inform the Event Organiser and there will be no recourse for refund from the Event Organiser. The participant should claim on their insurance.

 

5.6. The Participant accepts that the information they give is complete, correct and true to the best of their knowledge.

 

5.7. The Event Organiser and any contracted tour operator cannot accept responsibility for any issues arising from a medical issue which the Participant has failed to disclose.

 

6. Health and safety

 

6.1. The Participant accepts that for Events taking place in remote areas, emergency medical care may be several hours travel from the Event location. The Event Organiser will endeavour to ensure appropriate steps are taken to minimize risk, and ensure that qualified first aid personnel are on-hand whenever possible.

 

6.2 The Participant accepts that the standard of medical care available for challenges taking place overseas my not be comparable to that of the UK.

 

6.3. The Participant accepts that it is their responsibility to request medical treatment from the Event Organiser’s representatives if this is required, except in the event of the Participant being incapacitated or not being of sound mind, in which case the Participant accepts that the Event Organiser or their representatives will seek treatment for them.

 

6.4. For the safety of the Event and all Participants, the Event Organiser and representative third parties reserve the right to prevent or curtail a Participant’s involvement in an Event.

7. Participant conduct

 

7.1. Whilst taking part in an Event, the Participant accepts that they will be perceived as representatives of the Charity and/or the Event Organiser and agree to adhere to all local laws and regulations regarding behaviour.

 

7.2. The Event Organiser will not be involved with or associated with unlawful or immoral behaviour. Any Participant found to be engaging in unlawful or immoral behaviour may be removed from a fundraising Event without recourse.

 

7.3. All Participants agree that they must work within UK laws and regulations of fundraising and that any breach of these laws may result in dismissal from their fundraising event. All donors must be informed if their donation is to be used, in any part, towards the costs of the challenge if the Participant chooses not to self fund the 50% of the fundraising total that forms the approximate cost of the challenge.

 

7.4. Neither the Charity nor the Event Organiser will accept or be associated with unlawful fundraising activities. If a Participant is found to be involved in fraudulent or illegal activities whilst fundraising for the Charity, the relevant legal and statutory bodies will be informed. The Participant will be removed from the Event and sent home at their own cost. The Charity’s Fundraising Code of Conduct is are available at the following link  and by entering in to this agreement the Participant accepts they will adhere to the Code of Conduct -  https://www.climbforcleanwater.org/code-of-conduct

 

7.5. The Event Organiser reserves the right to refuse the Participant, or remove the Participant, at the Participant’s own risk and expense and without recourse to any refund, if the Event Organiser or our representatives judge the Participant to be incapable of meeting the physical rigors and requirements of participating in the Trip, or if the Event Organiser determines the Participant’s mental health is, or may pose a risk to the Participant or others by the Participant continuing. We may also remove the Participant from the Trip if the Participant is determined to be detracting from the enjoyment of the trip by others, or if the Participant’s action is likely to endanger other Participants or bring the Event Organiser or any related party into disrepute, either before or during the Trip. The Participant agrees to follow all written and verbal rules of safety or otherwise presented to them by the Event Organiser and representative third parties.

 

8. Fundraising and promotion

 

8.1. Participants agree that their place on the Event is dependent upon them raising the amount agreed with the Event Organiser prior to registration, and their place on the Event is not guaranteed until this target is met by the stated deadlines specified during, and agreed to by the Participant, during the registration process.

 

8.2. The Event Organiser will not offer expenses reimbursement for any charitable collection or fundraising activities.

 

8.3. Fundraising support will be offered by the Event Organiser and in some instances, a designated voluntary team leader. These leaders are volunteers for the Charity and any support received from them represents the views and opinions of the individual and not the Charity or the Event Organiser as organisations.

 

8.4. Participants must be aware that the Charity is bound by UK charity law to safeguard funds once donated to the charity. All donations in relation to fundraising targets are therefore ineligible for refunds even if the fundraiser does not participate in the Event.

 

8.5. All Participants agree to make donors aware that they are making an irrevocable gift to the Charity when soliciting donations.

 

8.6. Should a donation be made in disputed circumstances, the donor has recourse to write to the board of trustees of the Charity, who, if in agreement with the dispute, can make representations to the Attorney General via the Charity Commission. For more information on this process please view the Charity Commission website (https://www.gov.uk/government/organisations/charity-commission).

 

8.7. Participants agree that Gift Aid will not be counted towards their fundraising total.

 

8.8. By registering as a Participant for an Event, individuals agree where possible to promote the Charity and its mission.

 

8.9. The Charity will not accept any responsibility or association with information released by a Participant to members of the public that has not been approved by the Charity’s or the Event Organiser’s communications team prior to publishing. Failure to comply with this clause may result in the Participant’s removal from the event.

 

8.10. You agree that in some circumstances the Event Organiser may, for recognition and security reasons, request that you wear clothing which identifies you as a Participant in the Event.

 

8.11. Participants accept that following an Event they may still be viewed as ambassadors of the Charity or the Event Organiser. Behaviour should be moderated accordingly.

 

9. Force Majeure

 

9.1. Neither the Event Organiser or any engaged third party related to your Event can be held responsible for any loss, cancellation, curtailment, damage or injury arising as a consequence of: Acts of God, fire, natural disasters, weather conditions, computer or systems failure, acts of war (declared or otherwise), terrorism, civil unrest, military or usurped power, confiscation by or under the order of any government or public local authority, or for any other reasons beyond our control. We are not liable for refunds for loss or costs incurred following actions such as cancelling or prematurely ending this Event as a result of advice from governmental or official bodies.

 

10. Flights and tours

 

10.1 The Participant accepts that they are responsible for arranging and purchasing any flights required for them to take part in the Event. The Participant accepts that they are responsible for ensuring they they arrive at the date, time and location specified as the start of the Event itinerary during the registration process. The Event Organiser may recommend that the Participant arranges specific flight dates and times, or uses specific flight agents and airlines, however the participant is under no obligation to follow these recommendations.   

 

10.2. The total sum raised, excluding the Registration Fee, will contribute to the target to be raised to be eligible to take part in the trip. Upon reaching the fundraising target the Participant will receive confirmation of their place on the trip.

  

10.3. Participants will also receive, from the Event Organiser, a final balance confirmation showing the total funds they have raised.

 

10.4. The Participant accepts that airlines occasionally make changes to scheduled flights and departure times. Neither the Charity nor the Event Organiser will be liable for any costs incurred as a result of these changes.

 

10.5. If flights are delayed the Event Organiser is not liable for costs or compensation. The Participant should seek compensation from the airline concerned. This may include additional costs to get back on to the itinerary the Event Organiser provided prior to the Event such as food, accommodation or alternative flights.

 

10.6. The Event Organiser will ensure that UK citizens are eligible to travel to countries where events are held. It is the responsibility of the Participant to ensure that they are eligible to travel to the destination country and any points of transfer.

 

10.7. The Participants must ensure that their passport is free from any endorsements or notices which would prevent travel to the destination country or any points of transfer.

 

10.8. The Participant accepts that the logistics and management of an Event may be executed by an employed third party.

 

10.9. The Participant accepts that part of the money paid to the Charity or the Event Organiser will be used to cover travel and other items incurred by the Event Organiser

 

11. Delivery and return

 

11.1. There are no goods to deliver or return included as part of these terms and conditions.

 

12. Privacy and Data Protection

 

12.1. Participants consent to the Charity and the Event Organiser contacting them for any matter relating to their Event participation and relevant information or offers from the Charity. The Event Organiser collects personal information for the purposes of Event administration for the period from sign up until completion of the event. The Event Organiser and the Charity will contact you infrequently post Event to inform you of future events or updates related to the Charity that are relevant to you. To opt out of all further contact from the Charity post event you should contact the Event Organiser or Charity in writing.

 

12.2. Participants who submit a medical information form through the online secure system understand that this is a requirement of our operators. If Participants do not submit their medical form or other medical information through the secure system then neither the Charity nor the Event Organiser can be responsible for the security of the transmission of the data. Access to the secure system data will be restricted to the Charity, logistics staff and the Event Organiser. As soon as this information is no longer required - for example at the end of an Event - the information will be securely erased.

 

12.3. Participants understand that personal information, including medical information, may be transferred to the Event Organiser suppliers and contractors exclusively for the purpose of Event administration. This information may also be provided to medical professionals in the event of treatment being required and statutory bodies such as border control if required for the purpose of running an Event or as required by law.

 

12.4. Countries outside of the EEA (European Economic Area) may have less stringent data protection rules and you understand that personal data relating to your participation, including but not limited to: name, dietary information, medical information, insurance details and emergency contact details will need to be transferred to our suppliers/partners within the destination country for the purposes of running the Event.

 

12.5. Any documents sent to the Event Organiser by the Participant will be used in relation to a Participant’s Event. Information collected will be protected by the Event Organiser and passed on to employed third parties for the relevance of an Event only. All feedback information on the Event Organiser’s services will be used for evaluation purposes only and be released only to the Event Organiser’s and the Charity’s staff, trustees and employed partners.

 

12.6. Any media captured by Participants and provided to the Event Organiser or the Charity may be used for any purpose by the Event Organiser and the Charity without payment of royalties.

 

12.7. Participants agree that both the Event Organiser and the Charity may use any media for promotional, marketing and other charitable purposes. Any individual wishing not to appear in any of these materials must express this in writing to the Event Organiser.

 

12.8 The Organiser may use next of kin information provided to them by the Participant to take any steps required to ensure the safety of the Participant during their trip. This may include but is not limited to: corroborating medical history and insurance issues. The Participant also agrees that the Organiser may provide the next of kin of the Participant has designated with information and updates on their progress, if the Organiser receives such enquiries

 

13. Declaration

 

13.1. By agreeing to these terms and conditions, Participants are hereby declaring that:

 

13.1.1. all information is complete and true;

 

13.1.2. no information has been withheld;

 

13.1.3. that they are in good health;

 

13.1.4. they are of sound mind and have understood all stipulations within these terms & conditions.

 

13.2. If at any point during your time as a fundraiser with the Event Organiser your status relating to any of the questions on this form change, Participants will be required to announce this change to the Event Organiser. Failure to do so may be viewed as deliberate attempt to conceal information from the Event Organiser and Participants will be liable as such. The Event Organiser cannot be held responsible for inaccurate data entry by a Participant and individuals accept that the Event Organiser will use any submitted information in good faith as correct and true.

 

14. Notices

 

14.1. All notices given by the Participant to the Event Organiser must be given in writing, either via e-mail or by post, fax, or via our online portal. Such notices will be deemed to have been received two days (excluding weekends and bank holidays in England and Wales) from sending.

 

14.2. The Event Organiser may give notice to the Participant either at the postal address or e-mail address specified on the registration form. Such notices will be deemed to have been received two days (excluding weekends and bank holidays in England and Wales) from sending.

 

14.3. All requests to change details of participation, such as trip dates, must be submitted directly to the Event Organiser. The Event Organiser cannot be held responsible for requests which are submitted to any other agent that are not acted upon. All costs incurred through failure to follow this procedure will be the responsibility of the Participant.

 

14.4. In proving the service of any notice, it will be sufficient to prove:

 

14.4.1. In the case of a letter, that such letter was properly addressed, stamped and placed in the post

 

14.4.2. In the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee

 

14.4.3. In the case of a fax, that such fax was sent to the specified fax number of the addressee.

 

15. Waiver

 

15.1. If the Event Organiser fails, at any time between registration and your return from the Event, to insist upon strict performance of any of your obligations under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with these terms and conditions.

 

15.2. A waiver by the Event Organiser of any default shall not constitute a waiver of any subsequent default.

 

15.3. No waiver by the Event Organiser of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

 

16. Law and jurisdiction

 

16.1. The Event Organiser is a limited company registered in England and Wales and the Charity is a registered charity within the United Kingdom. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of England and Wales.

 

16.2. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

 

17. Changes to terms and conditions

 

17.1. The Event Organiser reserves the right to change these terms and conditions to reflect market and global conditions affecting its operations.

 

17.2. The Participant is subject to the terms and conditions in force at the time of their registration, unless:

 

17.2.1. any change to these terms and conditions is required to be made by law or governmental authority, in which case the change will apply to all prior registrations; or

 

17.2.2. the Event Organiser notifies You of the change to these terms and conditions before we send you the booking acceptance, unless You notify the Event Organiser that you do not accept the changed terms within seven working days of receipt by You of the booking acceptance, in which case the Event Organiser may decide whether or not to permit You to take part in the Event subject to the terms without that change.

 

18. Complaints

 

18.1. If the Participant has a complaint prior to the Event they should follow the Complaints Policy detailed on the Event Organiser’s website.

 

18.2 If the Participant has a complaint whilst on the trip they should notify our representatives or ground agents as soon as possible. The Event Organiser is not able to fix problems that they have not been informed of. Unresolved complaints should be sent in writing to the Event Organiser no later than 14 days after completion of the Event so they can be promptly investigated. Complaints received after 14 days may not be able to be investigated due to the passage of time and movements of the ground staff involved.