Montane Summer Spine 2023
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 Ultra Endurance Series Limited, a company registered in England and Wales under company number: 07725580. Our registered office is at: 68 West Street, Worsbrough, Barnsley, S70 5DJ Our VAT number is: 240720248.
2. How to Contact Us
- You can contact us by sending an email to info@thespinerace
Defined terms used in this document have the meaning set out in the order form.
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 Ultra Endurance Series 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 21 years old at the time of the start of your race 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.
4.1 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 100 days of the race start. If you fail to provide the requested information, we may cancel your request 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 21 at the time of the race start 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.
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.
5.3 Where you are required to obtain the equipment, you are responsible for ensuring that all equipment is suitable and that you have obtained every item on the kit list. You acknowledge that we may, at our discretion, apply time penalties or even withdraw you from the race should you fail to comply with this clause.
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 extra rental and/or a 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 but are not limited to 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 If you stop on the course for a substantial length of time (over 1 hour) find an area with mobile signal and contact the race HQ via SMS or phone call.
7.6 You must always remain on the Pennine Way during the race unless we divert you to a checkpoint. The Pennine Way in some areas has several routes and where appropriate you will be updated of any amendments to the route. This is usually during the pre-race brief.
7.7 If you become lost or make a significant navigation error and gain a competitive advantage, you may be penalised with a time penalty.
7.8 Littering (which includes dropping/ disposing of equipment) on the trail is not permitted at any time during the race. Any individual found intentionally littering will be immediately disqualified from the race with no exceptions. Respect the environment!
7.9 In the event of adverse or extreme weather you may be held in certain areas on the course or at a checkpoint. This is when course conditions are a danger to your wellbeing. In this scenario we cannot be held responsible for any additional time this adds to your race and you will be released as soon as possible, and when possible, in order. However, cut-off times may be amended to allow for delays. We are not in charge of the weather.
7.10 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.
7.11 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.
7.12 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.
7.13 You acknowledge that you may be required to use outdoor survival skills such as using the equipment provided, basic navigation and map and compass reading.
7.14 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 and travel costs relating to this period.
7.15 You are responsible for obtaining any inoculations, medications, visas, or other requirements necessary to travel to the location of the Race.
7.16 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.
7.17 The race directors have complete autonomy throughout the duration of the race and their decision is final on all rulings.
7.18 The race organisers reserve the right to amend or update the rules or terms of entry at any time
7.19 We reserve the right to require you to refrain from or cease participating in the Race if:
7.19.1 We reasonably believe that your participation in the Race:
18.104.22.168 may cause injury to you or another contestant;
22.214.171.124 may damage or harm the environment;
126.96.36.199 otherwise causes a risk or potential risk to health and safety;
7.19.2 you are unfit to participate in the Race for any reason;
7.19.3 you fail to follow instructions;
7.19.4 you fail to provide requested information within a reasonable time or provide information which is incomplete, inaccurate or incorrect;
7.19.5 you fail to arrive at the departure point at the specified time;
7.19.6 you are unable to make sufficient progress in the Race within the indicated timelines;
7.19.7 You are found not have a vital part of the kit list
7.19.8 any other circumstances arise due to which we consider that the Race cannot safely take place.
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. Providing Services
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) and include VAT at the applicable rate, 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
12.1 If you wish to cancel your order because you change your mind or because you have sustained an injury or are not of sufficient fitness to participate in the Race, you will be entitled to a partial refund of any of the instalments paid over and above the non-refundable deposit as at the date you decide to cancel, so long as we receive your cancellation more than 100 days form the race start. This is because we have set aside a place for you on the Race and incurred administrative and management fees.
12.2 We do not offer the opportunity to defer to a different race or to another year
12.3 To cancel your order, please contact us via the Runner Portal.
13. CANCELLATION BY US
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
14.1In 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.
15.1 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 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.
17. Your Information
18. No Third Party Rights
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 email@example.com.
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. General Terms
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 been approved by the race director 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.
The total entry fee for The Montane Summer Spine 2023 is £825. This contains a £350 non-refundable deposit.
A competitor may pay in two instalments.
- The non-refundable deposit of £350 is payable as the first instalment to secure race entry.
- The remaining balance of £475 must be paid by 17:00 hours 100 days before race start (10th March).
If a competitor chooses to withdraw, they can do so up to 17:00 hours 100 days before race start (10th March 2023) and will be entitled to a refund of any fees paid minus the deposit. After this time, there will be no refund made. All stated times are GMT.
4. You acknowledge that the Fees reserve your place in a Race. Failure to make payment of any part of the Fees when due may result in your place in the Race being cancelled and offered to another competitor. We can guarantee that a partial refund of the Fees will be made, if applicable in the event of cancellation of your order by yourself and if you cancel within 100 days of the race start, due to management and administrative expenses incurred by us.
5. 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.
6. 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.