1. THESE TERMS & CONDITIONS, OUR CONTRACT WITH YOU, DEFINITIONS
1.1 Please read these terms and conditions carefully before making your XCC booking. They contain important information concerning your booking, the XCC programme and our and your respective rights and obligations.
1.3 Our contract with you comes into existence when 4M issues its booking confirmation or invoice to You following your completion of the online booking process.
1.4 The following definitions are used in this document:
“Departure Date” means the date, as notified by 4M, on which all Participants are due to depart on the XCC;
“Finish Location” means the location notified by 4M to you from where the XCC will end;
"Force Majeure Event" means any situation or event beyond the reasonable control of 4M or its affiliates, including (but not limited to): an act of god; war or threat of war; riot; civil strife; industrial dispute; terrorist activity and its consequences; natural or nuclear disaster; fire; outbreak of disease or imposition of quarantine; epidemics or health risks; illness, accident or lossaffecting Your ability to participate in the XCC; closed or congested airports, ports or stations; changes imposed by re-scheduling or cancellation of transport by the transport supplier such as flights by airlines; the alteration of transport, transport schedule or transport types; adverse weather conditions (actual or threatened); extreme weather conditions including without limitation avalanche; technical failure of or problems with transport; or any circumstances where 4M or its affiliates deem the safety of a group is at risk;
“Leadership Team” means the 4M appointed leadership team managing the XCC;
“Starting Location” means the location notified by 4M to you from where the XCC will commence;
“XCC” means the extreme character challenge event that you are booking, being either an XCC 1.0, XCC 2.0 or XCC 3.0, as the case may be, as detailed on the website at the time of Your booking.
2. MAKING A BOOKING
2.1 To make a booking for an XCC, each Participant must complete the online booking process and pay the booking fee as notified on the website. By completing the online booking process, the Participant confirms that he has had the opportunity to read and has read these terms and conditions and the Key XCC Terms and agrees to them.
2.2 The information you provide to us in your booking must be complete, accurate and provided within any stated timelines and provided as requested. Your failure to disclose any information that is required may result in 4M terminating your booking and withdrawing you from the XCC.
2.3 Any changes to the information provided by you (whether as part of your booking application or otherwise) must be notified to 4M as soon as reasonably practicable.
2.4 By entering into this contract, the Participant accepts the authority of 4M and its Leadership Team to make decisions affecting the XCC or the Participant while on the XCC.
3. PRICE AND PAYMENT
3.1 You are responsible for payment of the total XCC price, as stated on the website at the time of your booking. If you are unable to pay the full amount the time of booking you may, by prior arrangement with us, pay in instalments. If you are paying in instalments, the full amount of the XCC price must have been paid no later than 30 days before the Departure Date, failing which we reserve the right to cancel your booking and withdraw you from the XCC.
3.2 The price you pay covers transportation from the Starting Location and back to the Finish Location, basic daily food and water allowance, and management and organisation of the XCC event. It does NOT include travel to the Starting Location, airfares, equipment, or any other costs or expenses, all of which will need to be paid for by you.
4. XCC PROGRAMME, EQUIPMENT
4.1 Information concerning the XCC you have booked, including dates and the suggested kit list, is set out on the 4M website at the time of your booking. We will also send you a reminder of this information together with more detailed information we send you within the four-week period before the Departure Date. You accept that the kit list provided on the website is only a guide and is provided in good faith based on the knowledge and information available to us at the time of publication, which is sometimes months prior to the Departure Date. You accept and agree that the arduous nature of XCCs requires the sensible use of appropriate kite. You take full responsibility for not bringing with you kit that we recommend. We assume the kit is of sufficient quality
4.2 You are responsible for arranging transportation that will enable you to be at the Starting Location at the required pick up time on the Departure Date, failing which you will miss the XCC and you will be treated as having cancelled your booking.
4.3 4M provides a mandatory equipment list for each XCC. It is the Participant’s responsibility to source and procure this equipment. The Participant must ensure that such equipment is of suitable quality and accompanies them on XCC.
4.4 The management of the XCC will be under the control of 4M’s Leadership Team. You agree to comply with all reasonable requests of the Leadership Team and its members with respect to matters relating to the organisation and conduct of XCC and your and other’s safety and wellbeing.
4.5 Participants must hold valid photographic identification (passport or driver’s licence) at all times.
5. CHANGES TO THE XCC
5.1 4M makes every effort to ensure the accuracy of its information. However, changes can occur and 4M reserves the right prior to the Departure Date to change any aspect of the XCC in the following circumstances:
(a) Adverse Weather or security risk: 4M may be required to change the location or programme of the XCC event or, in severe cases, abandon the event altogether as a result of being unable to guarantee the safety of the team due to an external factor such as the internal security situation or natural phenomenon such as severe weather. In this case, 4M will use its best endeavours to reschedule or make necessary changes to the event as applicable. No liability is accepted for cancelled transportation arrangements following such a change;
(b) Departure date and duration: If flight change schedule times which affect a majority of the participants on your XCC, the Departure Date and return dates may be amended to accommodate the most appropriate flights. The XCC duration will not be reduced but may be extended because of this;
6. RISK, HEALTH & SAFETY AND INSURANCE
6.1 The Participant acknowledges and understands the adventurous nature of a XCC, that there may be hazards encountered on a XCC owing to unpredictable weather and unstable terrain.
6.2 XCCs are physically and mentally challenging by their very nature. It is the sole responsibility of each Participant to ensure that they are in good mental and physical health and physically fit enough to participate in their chosen XCC. The XCC itself will be challenging and there may be risk to health from cold, fatigue or physical injury. The Participant therefore agrees and accepts that the Participant undertakes the XCC voluntarily and at their own risk.
6.3 The Participant must declare any significant medical condition or disability to 4M in good time before embarking on the XCC. If the Participant contracts or develops a medical condition or suffers an injury between the date of booking and the Departure Date which could reasonably be expected to endanger the Participant’s health and safety or his/her ability to complete the XCC, the Participant must declare the condition or injury to 4M in good time by emailing us at email@example.com.
6.4 You accept and agree to sign our medical liability waiver form before arrival at the Starting Location where it will be collected by a member of our team. We will send You this form in the four-week period prior to the Departure Date.
6.5 If 4M becomes aware of any medical conditions or disabilities that were known to the Participant but were not declared at the time of booking, 4M reserves the right to withdraw the Participant from the XCC programme. 4M reserves the right to decline a booking if, in its belief, such a medical problem or disability is likely to endanger the Participant’s health and safety and / or the health and safety of anyone else participating in the XCC. The Participant must keep 4M informed of any change in their condition.
7. WITHDRAWAL & CANCELLATION
7.1 If the Participant withdraws or is withdrawn from the XCC in accordance with these terms, the Participant will be liable to pay to 4M the cancellation charges specified below unless we and You have agreed by prior arrangement to apply the amount you have paid to a future XCC event.
Regardless of when you cancel, you will have to pay at least 25% of the XCC price.
If you cancel less than 8 weeks before the Departure Date you will be entitled to a refund equal to 50% of the XCC price where You have already paid this amount.
If you cancel less than four weeks before the Departure Date, there is no refund entitlement.
Please note that refunds will only be payable if at the time the refund is to be paid you have already paid us more than the amount of the refund.
7.2 If after 4M has used reasonable endeavours to try to resolve any issues with a Participant and failed to resolve the issue, 4M may use its discretion reasonably and sensibly to withdraw a Participant from the XCC at any time (including during the XCC) if the Leadership Team are of the opinion that the Participant is likely to prejudice the good order, discipline or safety of the XCC, fails to adhere to the Code of Conduct referred to below.
7.3 If the Participant needs for any reason to return from the XCC outside of the itinerary the Participant will be responsible for any costs incurred by 4M as a result and for making their own travel arrangements. These costs may include, but are not limited to: flights, accommodation and other transportation.
7.4 If a Participant fails for any reason to pay the full XCC price when due, or if the Participant is withdrawn under paragraph 9, 4M reserves the right to treat this as a cancellation by the Participant and the cancellation provisions of paragraph 7.1 will apply.
8. IF WE CHANGE OR CANCEL THE XCC EVENT
8.1 It is unlikely that 4M will have to cancel the XCC, however, we reserve the right to do so. 4M will not cancel the XCC less than 4 weeks before the Departure Date except for reasons of Force Majeure. If it is necessary to cancel the XCC for reasons other than Force Majeure, 4M will reimburse the Participant the amounts already paid by the Participant to 4M.
8.2 If the XCC is cancelled 4M will not be liable for any indirect or consequential loss suffered by the Participant such as, but not limited to, onward travel arrangements, subsequent tours or onward flight arrangements.
9. CODE OF CONDUCT
9.1 You understand that by undertaking a XCC you will be representing 4M. Furthermore, You owe a duty of care to anyone who is involved with Your XCC. Therefore, You agree to abide by the following Code of Conduct for the duration of your XCC and accept that should Your behaviour fail to comply with any of the conditions outlined below, the Leadership Team reserves the right to commence to withdraw you from the XCC.
9.2 The Code of Conduct is as follows:
(a) You will at all times respect the environment and not leave litter;
(b) You will not act in any way that is considered to be an anti-social manner by the Leadership Team;
(c) You will not bring alcohol with you;
(d) You will not bring any illegal substance with you nor will you consume any during the XCC. You understand that We have a zero-tolerance policy on this matter and anyone who is caught in possession of illegal substances or is suspected of using or handling them will be asked to withdraw from the XCC;
(e) You will arrive at the designated Starting Location on time and if You are delayed or prevented for reasons outside your control from arriving in good time, You will notify the Leadership Team as far in advance as is reasonably possible;
(f) You will not take any time out from the XCC itinerary;
(g) You will follow the advice and instructions of the Leadership Team at all times. Failure to do so may put You or others in danger and may lead to You being withdrawn from the XCC.
9.3 If 4M deems that the behaviour of a Participant is likely to contravene any of the above terms, 4M may at its sole discretion withdraw the Participant from the XCC and the Participant shall be responsible for all costs (including return flights and accommodation) associated with such withdrawal.
10. 4M’S LIABILITY
10.1 Nothing in this Agreement shall exclude or limit Our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by our negligence, or (iii) any other liability that cannot be excluded by law.
10.2 Subject to 10.1, in no event will We be liable under this Agreement for any damages or financial losses resulting from: (i) cancellation of flights or costs arising from missed flights or missed transportation, (ii) loss of opportunity, and/or (iii) any indirect or consequential loss. Such liability is excluded whether such damages or losses were reasonably foreseeable or actually foreseen.
10.3 Subject to 10.1, Our maximum aggregate liability to You for any cause whatsoever shall be for direct costs and damages only (this does not include flights or any other matters that are outside of our control) and will be limited to a sum equivalent to 100% of the XCC price paid and payable by You under this agreement.
10.4 We hereby exclude to the fullest extent permissible under the applicable law in all relevant jurisdictions all liability that We have not expressly accepted in this Agreement. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action.
10.5 Save as provided in Paragraph 10.6 You shall have no remedy in respect of any representation (whether written or oral) made to You upon which You relied in entering into this Agreement.
10.6 We will not accept any responsibility for any Force Majeure Event. Although such circumstances are beyond our control, We shall make every effort to provide You with assistance if You are in difficulty. Should it become necessary to abandon a XCC because of such an event, We will be entitled to retain that portion of the XCC price you have paid that is necessary for our to cover our costs.
10.8 You accept that weather conditions may prompt the cancellation of scheduled events within a XCC itinerary, and that We cannot be held responsible for such cancellations. Cancellation of events due to adverse weather conditions will be entirely at the discretion of Leadership Team.
11. COMPLAINTS AND DISPUTES
11.1 If there is a problem or complaint during the XCC, the Participant must report it to the Leadership Team immediately in order to enable prompt and effective efforts to resolve the problem. In the unlikely event that the problem cannot be resolved locally at the time, and the Participant wishes to raise a complaint, 4M must receive full written details of the complaint within 28 days of the completion of the XCC.
11.2 Where there is any dispute between the Participant and the Leadership Team or any other member of the Leadership Team, the dispute will be determined by 4M’s management, whose decision will be final.
12.2 We own the copyright and all intellectual property rights in any photographic, audio or video material produced by Our employees, contractors or agents which is produced during Your XCC (the “Material”).
If any of these terms and conditions is found by any Court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of these terms and conditions and the rest of the term or condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
14. THIRD PARTY RIGHTS
A person who is not a party to the Contract or these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
15. ENTIRE AGREEMENT
These terms and conditions together with the XCC Brief form the entire agreement between 4M and the Participant and/or Participant and supersede all prior representations, communications, negotiations and understandings, whether verbal, written
16. GOVERNING LAW AND JURISDICTION
Your contract with 4M will be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction to determine any dispute arising under it.