Terms and Conditions
This document (together with any other documents referred to in it) lays out the terms and conditions (the “Terms”) on which Your entry is accepted, via website or otherwise, for the event known as the Cape Classic 380 (the “Event”) which we Cape Cycle Tours (Pty) Ltd organise.
Please read these Terms carefully and ensure You understand them before placing Your entry. You should understand that by submitting Your entry form You, on behalf of yourself and each person registered on the entry form agree to be bound by these Terms. If, for whatever reason, You do not submit an entry form but still take part in the Event, Your participation will be deemed agreement to these Terms that relate to Your participation.
If You are entering more than one person, You confirm that You are authorised to do so and are responsible for ensuring that each such person is aware of these Terms and complies with them.
In these Terms:
The Event: is the event known as the Cape Classic 380 which You are entering via website or otherwise.
Entry Fee : is the fee payable and/or paid in relation to entry to the Event
Event Organiser: is Cape Cycle Tours (Pty) Ltd and includes any person or agent delegated to take responsibility for any element of the Event.
Event Rules: are those rules published on the Event website www.capeclassic.info
You, Your or I: the person completing the Entry Form and/or participating in the Event
Cycling Equipment: means any equipment You may use during the Event, including bicycles, helmet, clothing and any other safety devices.
- I understand that participation in the event is physically strenuous and demanding. I am aware of the nature of the event and associated medical and physical risks involved. I further certify that I am physically and capable of participating in the Event and am capable of completing the Event. I will only participate in the Event if I am fit enough to do so.
- I understand and agree that I participate in the Event entirely at my own risk, that I must rely on my own ability in dealing with any hazards and that I must conduct myself in a manner that is safe for myself and all others throughout the duration of the Event.
- During my participation in the Event, I will cycle with due care and attention and will abide by the Event Rules, South African Traffic regulations and any other rules stipulated by the Event organiser.
- I accept that it is my responsibility to provide and use suitable Cycling Equipment and that I will wear a safety approved cycling helmet at all times when riding during the Event.
- I accept full liability and responsibility for any medical expense or any related fees or costs incurred as a result of participating in the Event including police, air ambulance or other rescue or ambulance service. If I am not capable of making a decision to call any emergency service, I agree that a member of the Event Organiser’s team, Event medics or a member of the public may do so and I will accept any resultant fees or costs.
- If I have any medical conditions, including allergies, which the Event Organiser or Event medics might need to be aware of, I will undertake to inform them.
- Whilst the Event Organiser will take due care with staging the Event, I accept that I must take all reasonable precautions for the safeguarding of my person and property at my participation in the event. I acknowledge that personal accident and personal effects insurance is my responsibility.
- I accept that the Event Organiser reserves the right to amend the Event format, change the route or even cancel the Event at any time, due to health and safety or other reasons beyond its reasonable control (including but not limited to, storm, rain, wind or other inclement weather or act of nature, fire, industrial action, riot, threat of terrorist attack (hereinafter defined as “Force Majeure Events”). I accept that regardless of the date of any cancellation or amendments made, my Entry Fee shall be non-refundable in respect of the occurrence of any Force Majeure event, save for the cancellation of the Event by the Event Organiser (determined in its discretion) due to the outbreak, or existence of any epidemic or pandemic disease directly affecting South Africa, in which event a full refund of any Entry Fee paid will be made by the Event Organiser, as soon as reasonably possible after its notice of such cancellation. Save for the aforementioned refund, the Event Organiser will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is occasioned by events, circumstances or factors that are outside of its reasonable control.
- I understand that the Event will be run under the Event Rules. I agree to comply with these rules and other rules stipulated by the Event Organiser, including these Terms, and will at all times act in a professional and cautious manner and may be excluded if I do not, in which case, I will not be entitled to a refund of my Entry Fee.
- You give Your irrevocable consent to Your appearance in any media format in relation to the publicity of the Event and in any future publicity of the Event of future advertising of the Event Organiser. You also agree to assign and grant the right and permission for the Event Organiser to use and publish any photographs, film, video, electronic representation and/or sound recordings of You on the Event. You hereby release the Event Organiser from any and all liability from such use or promotion. You specifically waive any right to any compensation for appearing in any of the aforementioned formats.
- You consent to Your personal details, which may include but are not limited to name, address, contact details, age, gender, finishing position, being stored electronically by the Event Organiser.
Liability – Your particular attention is drawn to this section of the Terms
- Neither the Event Organiser nor any other person involved in the organisation of the Event will be liable for (i) any injury that You may suffer, whether fatal or otherwise as a result of Your participation in the Event or Your failure to comply with these Terms during or subsequent to the Event; or (ii) any consequential loss of whatever nature arising from Your participation in the Event.
- You agree to indemnify the Event Organiser and any other person involved in the organisation of the Event in respect of any cost or expense (including legal and professional fees) incurred or payable by the Event Organiser or such other person (including any insurer) in connection with any accident, loss, damage or injury arising out of Your participation in the Event, save where the Event Organiser or any other such person would be liable under said paragraph below.
- Nothing in these Terms excludes or limits the liability of the Event Organiser or any other person involved in the organisation of the Event for (i) death or personal injury caused by its or their negligence; (ii) fraud or fraudulent misrepresentation; (iii) any deliberate breaches of these Terms that would entitle You to terminate the Terms; or (iv) any other matter for which it would be illegal for them to exclude or attempt to exclude their liability.
Cancellations and refunds
- On any cancellation by You in writing to the Event Organiser, refunds will be payable as follows:
● 90% of Entry Fee ≥ 30 days before the Event
● 70% of Entry Fee ≥ 15 days, ≤ 29 days before the Event
● 0% of Entry Fee ≤ 14 days before the Event
- All decisions and rulings by the Event Organiser, its employees and its agents are considered final.
- The Event Organiser reserves the right to vary these Terms effective immediately upon posting on the website relating to the Event.
- These Terms (and the documents referred to herein) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. You acknowledge and agree that in submitting an entry You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person ( whether party to this agreement or not) other than expressly set out in these Terms.
- To the extent permitted by law, all provisions of these Terms shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision.
- These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa. The parties irrevocably agree that the courts of South Africa shall have exclusive jurisdiction.
Cape Classic 380 is an event run by Cape Cycle Tours (Pty) Ltd