Destiny of a Child
TERMS AND CONDITIONS
The Walker agrees to raise a minimum sponsorship amount of not less than £1500, however, each Walker will be asked to raise as much as possible for Destiny of a Child. To participate as a Walker in the challenge the minimum sponsorship must be received by Destiny of a Child by 30th April 2018. Any additional sponsorship over and above the minimum must be received by Destiny of a Child as soon as reasonably possible, and in any case by the 30th June 2018. The Walker agrees not to use the challenge to raise funds for any other cause other than Destiny of a Child.
If the Walker cancels or withdraws from the challenge, all the sponsorship money collected or received must be sent directly to Destiny of a Child. This money will be retained by Destiny of a Child on the same basis as if the challenge had been completed. When fundraising, the Walker must make it absolutely clear if any of the sponsorship will be used to contribute towards the Walker’s own costs and if so how much.
The Walker’s relationship with Destiny of a Child shall be subject to these Terms and Conditions and, on registration for the challenge, the Walker also agrees to be subject to the Terms and Conditions of Follow the Camino in respect of the Walker’s agreement(s) with Follow the Camino.
2. TRAVEL ARRANGEMENTS:
The travel arrangements for the challenge will be exclusively organized by Follow the Camino, which, acting as your agent, will be responsible for booking various aspects of the Camino, with the exception of flights and lunches.
For the avoidance of doubt, Destiny of a Child shall have no responsibility for, or liability to you in respect of, travel arrangements, flights, accommodation and food or any other matters that are the subject of a booking with Follow the Camino.
Money paid to Destiny of a Child expressly for travel arrangements at any time including at the time of registration and at the time of the final payments shall be transferred automatically to Follow the Camino on your behalf and, in the absence of fraud on the part of Destiny of a Child, the Walker hereby authorises Destiny of a Child to transfer such monies to Follow the Camino and agrees to hold harmless Destiny of a Child from all liability in respect of such monies and from anything arising out of the Walker’s arrangements with Follow the Camino. The day to day organisation of the challenge falls under the terms and conditions of Follow the Camino and shall constitute a separate contract between the Walker (and other persons who are the subject of a booking) and Follow the Camino.
It is the Walker’s responsibility to ensure that they have a level of fitness appropriate to complete the challenge safely. If the Walker is unable to follow the route as designed and agreed between the registration and the final payment, including any change, cancellation or extra cost, Destiny of a Child shall not be responsible for any loss or extra cost incurred. No refund will be made.
If the Walker decides to make alternative arrangements than those booked or arranged with Destiny of a Child or Follow the Camino, Destiny of a Child should not be responsible for any cost related thereto or the refund or use of any funds separately provided or committed to Destiny of a Child. No refund will be made.
It shall be the Walker’s responsibility to disclose to Destiny of a Child any physical or mental condition which may be relevant. Destiny of a Child reserves the right to decline or provide a challenge for a disabled person where in Destiny of a Child's opinion that challenge would be inconsistent with the special needs of a disabled person.
The dates for the challenge are as set out on our website, subject to such alteration as is reasonably required from time to time. The dates of the challenge are based on flights to Biarritz and Santiago for May 2017 but Destiny of a Child reserves the right to alter the dates of the challenge if the flights in 2018 are, in Destiny of a Child’s opinion, materially different in any respect including, without limitation, as to cost, availability, number of seats and timings. Destiny of a child shall have the right to alter the dates of the challenge at any time following such changes to the flights.
5. DOCUMENTS AND COMPLIANCE:
The Walker is responsible for holding a current and valid passport (and visa or other entry permissions as required), to enable the Walker to participate in the challenge. The Walker shall indemnify Destiny of a Child for any loss or expense which Destiny of a Child may incur or suffer as a result of a breach of this clause.
We advise Walkers to take out their own personal travel insurance with, personal accident (including death and disability), medical expenses and emergency, evacuation, repatriation arrangements, personal liability and cancellation of the challenge. Destiny of a Child reserves the right to withdraw a Walker from the expedition if the Walker is unable to provide Destiny of a Child with written evidence that such a policy has been obtained by 31st March 2018. The Walker should also arrange their own insurance cover for the loss, damage or theft to the Walker's personal belongings, money and documents.
For European citizens, it is essential to have a valid E111 form.
If a Walker cancels the challenge, either at any time before or during the challenge, no refund will be made and all sponsorship monies shall be retained by Destiny of a Child. Destiny of a Child accepts no liability of any nature whatsoever in respect of any such cancellation costs, or any other costs or expenses incurred by a Walker following such cancellation.
8. USE OF IMAGES:
The Walker acknowledges and agrees that Destiny of a Child and other parties (including other walkers) may take photos during the preparation for the challenge and throughout the period of the challenge, in which the Walker appears. The Walker hereby waives any rights he may have in respect of the use of such images and irrevocably grants permission to Destiny of a Child and its licensees and assigns to use such photographs throughout the world for any commercial or non-commercial purposes in any and all media, including, without limitation, in Destiny of a Child’s printed publications, presentations, promotional materials, in the advertising of Destiny of a Child’s goods or services or on Destiny of a Child’s website. The provisions of this paragraph shall also apply in respect to any photographs or images that the Walker may provide to Destiny of a Child.
9. DATA PROTECTION:
The Walker consents to Destiny of a Child processing data relating to them for legal, administrative and management purposes and in particular to the processing of any “sensitive personal data” (as defined in the Data Protection Act 1998) relating to the Walker, including information about the Walker’s physical health or condition in order to monitor the Walker’s fitness for the expedition, information about the Walker’s special dietary requirements (if any). Destiny of a Child may make such information available to those who provide services to Destiny of a Child, to regulatory authorities and governmental or quasi-governmental organisations.
The Walker acknowledges that Destiny of a Child is a charity and has planned this challenge as part of its fundraising activities. The arrangements for the challenge have been coordinated by, and are the responsibility of, Follow the Camino. Neither Destiny of a Child or Follow the Camino is acting as an agent for the other and Destiny of a Child shall have no responsibility for any loss , damage or injury caused by Follow the Camino or any of its representatives, employees, agents or sub-contractors.
Nothing in these Terms and Conditions shall limit Destiny of a Child’s liability for death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors or for fraud or fraudulent misrepresentation. Subject to the aforesaid, Destiny of a Child and its agents shall not be liable for any injury, liability, damage or loss (direct or indirect) including, without limitation, consequential loss to any person or their possessions howsoever caused,. Destiny of a Child shall further not be held responsible for any type of claim, including damages to persons or property, loss of enjoyment, delays and illness of any nature whatsoever, including, but not limited to the following:
negligence, fault or omission on the part of any third party, including Follow the Camino (and companies under its control), or their personnel, including all persons over which Destiny of a Child has no direct or immediate authority;
acts, errors or omissions, injury, loss, accidents, delays or irregularities that could be caused by the breakdown or defect of a land vehicle or any other company transporting passengers;
theft, strike, illness, quarantine, mechanical failure, terrorist attack, war, government or police constraint, weather condition, force majeure or any other cause beyond our control, including any modification to the itinerary resulting from these events;
insolvency or suspension of activities of any carrier or other tour service supplier.
The Walker acknowledges that he or she has voluntarily applied to participate in the challenge. The Walker is voluntarily participating in the challenge with knowledge that travel to the foreign countries and/or remote areas, visited by this expedition, involves numerous risks and dangers including, but not limited to: the forces of nature; civil unrest; terrorism; roads, trails, hotels, vehicles, boats, or other means of conveyance that are not operated or maintained to standards common in the Walker’s home country; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; and physical exertion for which the Walker is not prepared.
In the unlikely event a legal dispute should arise involving any subject matter whatsoever, the Walker agrees that: (A) the dispute shall be settled by the courts of England and Wales; and (b) the dispute will be governed by English law. The Walker agrees that if any portion of these terms and conditions are found to be void or unenforceable, the remaining portions shall remain in full force and effect. The terms and conditions set out herein to contain the entire understanding between the Walker and Destiny of a Child.