TERMS AND CONDITIONS
“Rally” means the specialist car Rallies organised by the Organiser as set out in clause 1.
“Website” means the website of the Organiser at www.funballrally.com
“Organiser” means ‘The Funball Rally’ of 19 Northbrook Road, Hadfield, Glossop, Derbyshire, SK13 2EZ.
“Participant” means any person participating in a Rally as a driver or passenger.
“Participating Team” means a team of Participants participating as a team in one car in the Rally.
“Registration Form” means the registration form on the Website to be completed by a Participant or Participating Team when signing up for a Rally.
“Full Payment” means the total amount payable by a Participant or a Participating Team to the Organiser for participating in the Rally.
1.1 The Rally is a tour and NOT a race, and there is NO competition to the driving element.
1.2 The cost of repairs, modifications and/or enhancements is at the discretion of the Participant or Participating Team.
1.3 Participants and Participating Teams will ensure that they’re aware of, and comply with ALL applicable laws, rules and regulations of the countries the Rally travels through. Participants and Participating Teams must drive safely and with courtesy to all other Participants in the Rally and to members of the Public.
1.4 All Rules as published on the Rules page of the website must be obeyed and failure to do so may result in Participating Teams being disqualified.
2.1 The vehicle must be road legal and have a valid MOT (or equivalent if the vehicle is not a UK registered vehicle), Road Tax and Insurance to cover the duration of the Rally.
2.2 Any modifications must not compromise the safety or legality of the vehicle. It is recommended these should be declared with insurers otherwise policies may be void.
2.3 If the Organiser believes that the vehicle is illegal and/or unsafe, entry into the Rally may be refused and a refund will not be issued.
2.4 The Organiser recommends the purchase of European breakdown cover.
3.1 All Participants must be 18 years of age on the first day of the Rally.
3.2 As the Rally involves travel outside the UK, it will be the sole responsibility of individual Participants to ensure that they possess a valid passport, as well as visas if required.
3.3 Any holder of a valid driver’s licence recognised by the countries on the route of the Rally and whose licence is valid for the entire duration of the Rally shall be eligible to participate.
3.4 Driver’s licenses of all persons intending to drive in a Participating Team shall be inspected prior to commencement of the Rally.
3.5 Non driving passengers are eligible providing at least two members of their Participating Team hold a licence as set out in clause 3.3 above.
3.6 The Organiser recommends the purchase of Travel Insurance for the duration of the Rally.
3.7 The Organiser reserves the right to cancel a booking at any time if these eligibility conditions are not met.
4.1 A Participant will complete and submit a Registration Form, including the names of all members of the Participating Team, on the website when signing up.
4.2 The Participant or a member of the Participating Team, on behalf of all other members, in completing the registration process confirms that they have read, fully understand and accept these terms and conditions.
4.3 Each member of the Participating Team is jointly and severally liable for the actions of the Team.
4.4 Upon completion of the registration process which includes paying the registration fee, a binding contract is created between the Participant or Participating Team and the Organiser.
4.5 One Participant of the Participating Team should be authorised by the other Participants of that team, including any substituted Participants, to accept these terms and conditions on their behalf. The Organiser shall bear no responsibility to communicate with each Participant of a Participating Team separately.
4.6 The name of the Participant or the Participating Team shall appear on the Website shortly after registration.
4.7 The Organiser reserves the right to reject any Registration Form at its sole discretion.
5.1 Full Payment will be paid by the Participant or Participating Team at the time of registration.
5.2 Full Payment covers the cost of entry ONLY and no other associated costs of the Rally which will be the sole responsibility of the Participant or the Participating Team
6.1 If, for any reason, you decide to withdraw either before or during the Rally, your registration fee is neither transferable nor refundable. If you have booked the Petrolhead Package you will also lose your Eurotunnel booking. We advise you to take out suitable insurance if you think this will be a problem.
6.2 In the event of unforeseen circumstances which force the Organiser to cancel the Rally, a full refund shall be made to all Participants and Participating Teams. This refund will be limited to the amount of money paid to the Organiser and will not include any costs or expenses incurred elsewhere.
6.3 We reserve the right to cancel the Rally at any time if there are insufficient numbers to make it commercially viable. In this case all registered teams will be notified and a full refund will be issued. We are not liable for any other costs you may incur other than payments made to The Funball Rally.
6.4 The Organiser will refund the relevant amount within 14 days of cancellation.
6.5 It may be necessary to make changes to the itinerary of the Rally due to unforeseen circumstances beyond our control.
7.1 Registered teams will be notified of any major changes by e-mail.
8.1 Participants and Participating Teams must ensure that they possess comprehensive car insurance for all drivers for the entire duration of the Rally and valid in all countries on the route of the Rally.
8.2 Participants and Participating Teams are required to provide evidence of this insurance at the commencement of the Rally.
8.3 The Organiser strongly recommends that Participants and Participating Teams carry registration documents of the car at all times during the Rally.
8.4 The Organiser further recommends the purchase of personal travel insurance and European breakdown insurance.
9. Disposal of Cars
9.1 All Participants and Participating Teams will ensure that cars which are disposed of at the end of the Rally are disposed legally and responsibly.
9.2 The Participant and/or the Participating Team agree to indemnify the Organiser against any and all losses, expenses and liability incurred on account of the Participant or Participating Team’s improper disposal of their car.
10. Vehicle Decals
10.1 You agree to have the Funball Rally stickers placed on your vehicle at all times during the Rally. All stickers are non-permanent, are easy to remove and will not leave any damage to your vehicle. The Rally organisers are therefore not responsible for any claims of damage to your vehicle as a result of applying or removing such stickers.
11.1 The Organiser will award cash prizes to the Participant or Participating Team for –
11.1.1 Best Car
11.1.2 Best Team Spirit
11.2 The cash prizes under the above regulations will be per Participating Team, regardless of the number of members.
12.1 Participating Teams acknowledge that their driving and conduct will have an impact on the reputation of the Rally, on the Organisers, and on the Participating Team itself. The Organiser reserves the right to disqualify a Participant or member(s) of a Participating Team at any time without notice during a Rally, for behaviour that causes or is likely to cause danger, upset or distress to any third party or damage to property. Such disqualification will be treated as a cancellation and will be subject to a forfeiture of the Full Payment. The Organiser shall not be liable for any extra expenses incurred by the Participant or member of a Participating Team as a result of disqualification.
13. Limitation of Liability
13.1 In all cases, the liability of the Organiser will be limited to the amount actually paid by the Participant or the Participating team to the Organiser.
13.2 The Organiser will not accept liability for events that are outside its control.
13.3 The Organiser will not be responsible or liable for ensuring that Participants of Participating Teams meet the eligibility criteria set out in Regulation 3. By accepting these terms and conditions, all Participants and Participating Teams confirm that they understand that it will be their sole responsibility to ensure that they hold a valid passport (and visas where required), a valid driver’s license, and all other eligibility criteria set out in Regulation 3 above.
13.4 The Organiser will not be liable for arranging insurances or any breakdown or other cover on behalf of the Participants or Participating Teams. Provision of compulsory insurance cover shall remain the sole liability of the Participants or Participating Teams.
13.5 The Organiser will not be liable for ensuring that Participants or Participating Teams are aware of driving regulations in all countries on the route. This shall remain the sole responsibility of the Participant or the drivers of a Participating Team.
13.6 The Organiser will not be liable should any Participant or Participating Team be refused entry/exit or passage within any Country/State/Principality visited on route, and in particular the Organiser will not be liable for any additional expenses incurred as a result.
13.7 The Organiser will not be liable should any Participant or Participating Team be unable to complete the rally due to breakdown or for some other reason, and in particular the Organiser will not be liable for any additional expenses incurred as a result.
13.8 Many of the services during the Rally are provided by independent third party suppliers, who provide such services on their own terms and conditions. The Organiser bears no responsibility for these terms and conditions and the Participants and Participating Teams acknowledge that they will avail of the services from independent third party suppliers without any liability to the Organiser. Copies of such terms and conditions will be made available to the Organiser on request.
13.9 It will be the sole responsibility of the Participants and Participating Teams to ensure that decorations to cars comply with legal requirements of all countries on route of the Rally.
13.10 By participating in the Rally you consent to be photographed and to be included in any filming documenting the Rally. You hereby waive any and all rights of publicity or privacy and grant the Organiser complete permission to utilise and exploit your appearance in the rally in any and all manner and media. You further agree that the Organiser has the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if the Organiser does use such photographs or footage, it may be edited at the Organiser’s sole discretion. You consent to the use of your name, image, voice and biographical material about you in connection with any and all footage, publicity and related promotional material, and for any and all publicity and promotional purposes. You expressly release the Organiser from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials.
13.11 The Participants and all members of a Participating Team acknowledge that they understand they may be exposed to a variety of risks, foreseen and unforeseen, which may or may not be inherent to the Rally and that these risks may include, but are not limited to, property damage or loss, serious personal injury, or death from exposure to the risks. Participants and Participating Teams will be personally responsible for all costs and/or risks associated with the Rally and the Organiser will not be liable in any way whatsoever for the same.
13.12 Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, the Participant and Participating Teams agree to waive and discharge all claims, release the Organiser from all liability and indemnify and hold harmless the Organiser and other partners and employees from any and all liability on account of, or in any way resulting from, injuries and damages in any way connected with the Rally. Participants and Participating Teams agree and understand that this assumption of risk and release is binding upon them and their heirs and executors, and includes any accompanying minors.
14. Terms and Conditions Changes
14.1 The Rally organisers reserve the right to change these terms and conditions at any time. Participants will be notified of the changes and will be deemed to have accepted the amended terms and conditions by participating in the Rally.
15. Governing law and jurisdiction
15.1 All disputes arising out of or in connection with these terms and conditions, or the contract between the Organiser or the Participants or Participating Team, shall be subject to English law and the jurisdiction of English courts.