UltraSwim 33.3
Booking Conditions
A. Booking and Payment
B. Changes and Cancellations by us
C. Changes and Cancellations by you
D. Charges and Compensation
E. Limitation of our Liability to you
F. Your Responsibilities
G. If you have a complaint
H. Miscellaneous
INTRODUCTION
Your contract is with Inspire Through Sport sarl a company registered in Switzerland with Company Number CHE-159.553.874 and having its registered office at Chemin du Miroir 47, 1090 La Croix sur Lutry, Switzerland
Your contract incorporates these Booking Conditions and by making a booking with us you confirm your acceptance of them.
A. BOOKING AND PAYMENT FOR EVENT ENTRY
A1.1 In order to secure your place at an event, you are first required to pay a 500 Euro deposit (plus any bank/credit card charges) per person. You may ask for a full refund of this deposit for 30 days from the day you have executed this payment, for any reason whatsoever. Please note that your space or spaces if booking a group are not reserved until we receive your deposit payment in to our bank account. The final balance payment for your event will be payable at the latest 6 months prior event start date or within 7 days of invoice issued if the event starts in less than 6 months from your booking date. If your full Entry Payment balance is not received by the due date then we reserve the right to cancel your booking, and in this case your deposit will not be refunded.
A1.2 When you make a booking and pay your deposit or full payment (as applicable), we will reserve your entry on the basis of these Booking Conditions. Your booking will be taken as confirmed in respect of all persons named on your booking and a binding contract between us will come into existence on receipt of the payment in to our account. We reserve the right to refuse a booking without giving any reason and in such circumstances will return any monies paid at the time of booking.
A1.3 Please check the Invoice(s) together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Invoice or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out.
A1.4 All payments can be made via bank transfer to our Revolut Business bank account (preferred), or via Stripe with credit or debit card. Fees charged by Stripe or other credit card or paypal type services when offered will be chargeable in part or in full (specified on the payment link or invoice) on top of the amount owed (according to the invoices provided). If your booking includes additional hotel nights, single occupancy or F3 non-swimming partner package, or any other upgrades or extras, we will email you an additional invoice. We do not store credit card details nor do we share such details with any third parties. Any such payments are made subject to the terms and conditions of the secure payment system provider. For bank transfers please request our details from ultraswim333@gmail.com if they are not provided to you at the time.
B. CHANGES AND CANCELLATION BY US
B1. IF WE MAKE A SIGNIFICANT CHANGE TO THE EVENT BEFORE DEPARTURE THAT MEANS YOU WOULD NEED TO CHANGE YOUR TRAVEL ARRANGEMENTS TO OR FROM THE VENUE
B1.1 We hope and expect to be able to provide you with all the services we have confirmed to you. We plan arrangements a long time in advance of events commencing using independent suppliers such as hotels and transport providers etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor and, in particular, we will normally regard changes to itineraries, programmes and accommodation suppliers, to be minor changes. However, if we consider any changes to be a “Significant Change” we will endeavour to advise you as soon as reasonably possible. A Significant Change includes, purely by way of example, a change of accommodation to that of a lower category.
B1.2 In the case of a Significant Change before your departure we will provide you with two alternatives:
B1.2.1. rollover to a future event in the same or following calendar year, or
B1.2.2 cancel your trip with compensation
B2. IF WE CANCEL THE EVENT
B2.1 In the unlikely event we need to cancel your event we will tell you as soon as possible. If we have to cancel your event we will provide you with two alternatives:
B2.1.1 rollover to a future event in the same or following calendar year, or
B2.1.2 cancel your trip with compensation
In all cases B1 and B2, compensation will be paid as detailed in clause D below unless the change occurs as a result of circumstances beyond our control where clause H1 will apply.
B3. CHANGES DURING THE EVENT
By its very nature open water swimming requires a significant degree of flexibility on your part as, whether or not a swim can proceed, is largely dependent on weather conditions and currents. Changes or cancellations can be made at the last minute to one or more of the planned swims. Our Race Director will determine if a swim can proceed and you will be expected to comply with their instructions. No compensation will be provided in these cases.
C. CHANGES AND CANCELLATION BY YOU
C1 IF YOU CHANGE YOUR BOOKING
C1.1 If you want to change your arrangements in any way you must inform us in writing as soon as possible to ultraswim333@gmail.com and we will do our best to accommodate your requests. We may charge you for any additional services, facilities, or other items changed, at the price which applies on the day the change is made.
C1.2 Any booking discount you may have received at the time your original booking was made, may be altered or reduced whenever changes are made if such discount has since been altered, reduced or withdrawn.
C2 IF YOU CANCEL YOUR BOOKING
C2.1 If you wish to cancel your entry, you must email us immediately at ultraswim333@gmail.com. You may opt for one of the following actions -
C2.1.1 rollover the amount you have paid against a future event in the same or following calendar year, or
C2.1.2 cancel your trip with part cash compensation
Cancellation charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer, and are laid out in Clause D.
C2.2 Up until 2 days before the event you may opt to find a replacement for yourself if needed for any reason without additional charge on our side except in the case of a change of gender if this creates the need for an additional room (if you were sharing a room). The replacement will need to assume any commitments you made, sign the same declarations and rules, and be suitably qualified to swim the event in a safe way.D. CHARGES AND COMPENSATION
The following table summarises the sums payable to us or you in the event of Significant Changes or Cancellation. These sums are not payable where we have to make a Significant Change or cancel your event entry as a result of matters outside of our control when clause H1 shall apply.
E. LIMITATION OF OUR LIABILITY TO YOU
E1 We will not be liable where any failure in the performance of the contract is due to:
E1.1 you; or
E1.2 a third party unconnected with the provision of the trip arrangements and where the failure is unforeseeable or unavoidable; or
E1.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
E2 Our liability, except in cases involving death or personal injury, shall be limited to a maximum of 2 times the entry fee whether paid or not in full.
E3 Should you or any member of your party suffer illness, personal injury or death attributable to a third party unconnected with the provision of our services, or as a result of failures due to circumstances beyond our control, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
E4 Our liability will also be limited in accordance with and/or in an identical manner to:
E4.1 The contractual terms of the companies that provide the accommodation or other services for your event which are incorporated into and form part of your contract with us; and
E4.2 Any relevant international convention, which limits the amount of compensation that you can claim for death or injury which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in these or any other such conventions.
E5 Unless otherwise expressly indicated by us in writing, excursions, services or other tours that you may choose to book or pay for whilst you are on the event are not part of the event arrangements provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
E6 The provisions of clauses E1 to E5 inclusive are in addition to any other limitation of liability contained in these Booking Conditions
E7 Nothing in these Booking Conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause H4
F. YOUR RESPONSIBILITIES
F1. SPECIAL REQUESTS
If you have a special request, we will do our best to help, but we cannot guarantee being able to fulfill it. Please advise us of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your participation, it must be specifically agreed with us before or at the time you book.
F2. YOUR DOCUMENTATION
F2.1 You are responsible for ensuring that you and all other persons included in the booking satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. In particular many countries require that your passport is valid for at least 6 months beyond the date of travel. If you have any queries with regard to documentation and insurance requirements you must raise them with us well in advance of travel commencing.
F2.2 You are responsible for ensuring that all details passed to us for you, or all members of your group for the purposes of your booking and documentation generally are complete and accurate. If information that you supply to us is inaccurate then you may not be allowed to take part in the event and you will not be entitled to any compensation.
F2.3 We will send out details of your event a few months before the start date via three main information books - Travelbook (travel planning), Roadbook (event organisation in general) and Waterbook (the actual swimming). Please ensure that you contact us if you have not received a final itinerary and other necessary documentation 2 months before the event commences.
F3. HEALTH & FITNESS PRECAUTIONS
F3.1 All of our events require a certain degree of physical fitness and experience of open water swimming. Whilst we endeavour to give guidance as to the likely levels of fitness and experience required, it is only guidance and it is your responsibility to ensure that you have the levels of fitness and experience required for any particular event that you book. If you are in any doubt please consult your doctor. We, and those retained by us to supervise any events, have an absolute right at any time (even after an event has commenced) to prevent you from undertaking any particular part of the event or the whole event if we reasonably believe that you do not possess the necessary levels of fitness and experience. In such circumstances we shall not be liable for any losses or compensation arising.
F3.2 You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which affect your arrangements (including, in particular, any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. If in our reasonable opinion, your chosen arrangements are not suitable for the medical or physical problem or disability we have the right to refuse to accept the booking or you may not be able to participate in certain parts of a event, in which event we shall not be liable for any losses or compensation arising.
F3.3 If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to or a new medical or physical problem or disability that arises after booking, then we can also cancel the booking when we find out the full details if in our reasonable opinion the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out in clause D must be paid by the person concerned.
F3.4 We will need full details from you of any illness, medication currently being taken, known medical conditions and allergies. This information must be supplied at the time of completing the full entry information and is required purely to assist in the case of an emergency and will otherwise be kept strictly confidential.
F3.5 Whilst free emergency medical support will be provided on the racecourse, any costs incurred on land other than first aid on a finish line, including hospital visits or local charges for treatment or medicines, are your responsibility. Should the event be invoiced directly the costs will be passed on post event.
F4. INSURANCE
We consider comprehensive travel insurance to be essential and we require that you have such insurance to cover, in particular, illness, accident, emergency repatriation, cancellation, lost luggage and delays. Such insurance must cover you for open water swimming.
F5. BEHAVIOUR
You must be responsible for the behaviour of yourself and your party. In particular we require that all our customers abide by any event rules or other codes of conduct and any other regulations that we may reasonably have in force in respect of the event in question and all instructions given by those supervising any event. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your group by terminating your trip if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any our suppliers, or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your trip due to such unacceptable behaviour or any failure to follow regulations or instructions. In this situation we will then have no further responsibility for you or any other member of your party.
F6. DECLARATIONS
You will be requested to read, agree and sign the Rules and Declarations document prior to your arrival at the event. This document includes some of the elements in this Booking Conditions document, as well as further disclaimers, attestations, and the rules of the event (sporting and otherwise). No participant shall compete in the event without this signed agreement.
G. IF YOU HAVE A COMPLAINT
If you have cause for complaint whilst on our events, you must bring it to our attention immediately. We will do our best to rectify the situation. If your complaint is not resolved immediately, please follow this up within 28 days of your return home by writing to us by email ultraswim333@gmail.com giving your name and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
H. MISCELLANEOUS
H1. CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your event arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include bad weather, adverse water conditions or marine activity, pollution to waters, unavoidable technical problems with transport or accommodation, war or threat of war, civil strife, industrial disputes, natural disaster, epidemic or terrorist activity.
For the most accurate and up-to-date travel advice relating to each of the locations in which we operate, we closely monitor all travel updates and warnings issued by the Foreign and Commonwealth Office (FCO) of the UK government. A decision on whether or not we run an event in a particular location is always based on the advice of the FCO.
H2. DATA PROTECTION
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers (who may be located outside the UK/EEA) for the purpose of providing you with your transfer and hotel arrangements. Only information necessary for this purpose will be disclosed to them. Some information, for example relating to your religion or health, may be "sensitive personal data" within the meaning of the Data Protection Act 2018 of the UK. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of you or anyone else in the group. From time to time we may contact you via email with information about new events. If you do not wish to receive such information, please notify us. You have the right to ask us in writing for a data access request form to obtain a copy of the information which we hold about you. You will be charged a fee for this. Any request should be addressed to ultraswim333@gmail.com
H4. JURISDICTION/GOVERNING LAW
We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking or travel must be brought in the Courts of Switzerland.
H5. PERSONAL INFORMATION & COMMUNICATION
Generally much of our communication with you is by email and WhatsApp and this applies particularly in respect of confirmations or itineraries and changes and subsequent information that needs to be sent to you. It is your responsibility to retain copies of all communications that you receive from us electronically relating to your event and contact us if you have not received our Invoice within 2 weeks of making your booking or final swim details at least 2 weeks prior to commencement. We cannot be responsible for any losses arising from a failure by you to receive email communications on account of technical problems, traffic congestion on the Internet or on any Website, problems with or technical malfunction of any telephone network or lines, computer equipment, software, systems, servers or providers.
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Version date: 9 December 2023