TERMS & CONDITIONS DJANGO RALLY
I. General Information
The Django Rally (the “Event”) is not a race or a competition.
You must not compete in any manner with other Participants. You must not place any bets of any kind in relation to the You must drive safely in accordance with all road laws in each country and with proper courtesy to all other Participants and members of the public. In particular, you must not drive recklessly. If you are seen driving recklessly or otherwise not in compliance with all Applicable Laws (see section 12 below) by the Organiser, its employees, nominees or other Participants you will be removed and prohibited from taking any further part in the Event.
Your participation in the Event and any payment of the Entry Fee shall be deemed to be your acceptance of these Terms and Conditions. If you have any questions regarding these Terms and Conditions or need any further clarification you should contact the Event Organisers. If you do not agree with any part of these Terms and Conditions you should not participate in the Event.
II. Age
You must be 18 or above on the first day of the event in order to participate.
III. Driver license and Passport
You must hold a current, valid and unrestricted driver’s license that will be accepted in any and all countries and a current and valid passport together with the relevant visa(s) for each country visited on the Event during the route. It is your own responsibility to ensure you are in possession of the correct documents you may require for the Event.
IV. Insurance
1. You must obtain and maintain appropriate insurance to cover your participation in the Event and shall provide proof of such insurance in advance of Registration Day, in a form satisfactory to the Organiser. Compulsory insurance includes, without limitation:
a- Third party motor liability insurance
b- Travel insurance (which includes medical expenses and personal liability)
2. In all cases you must disclose to the insurers that you are participating in the Event. The Organiser will require a signed / stamped letter from your insurance broker or insurance company as proof of insurance. A draft letter will be supplied by the Organiser.
3. The Organiser has a recommended Insurance Broker to whom you will be introduced when your place is confirmed on the Event. They can supply you a quotation for the Event, pending their standard criteria and suitability checks.
4. If you do not have your own insurance cover you are required to take out the compulsory cover arranged by the Organiser’s recommended Insurance Broker which will cover you for the entire route pending regular criteria and suitability. You may at your own cost and discretion choose to take out an optional Auto Physical Damage and Transit Insurance for the whole Event, arranged by the Organiser’s recommended Insurance Broker. This will be based on the value of your vehicle and that will be individually underwritten based on your age and experience. The Organiser is not involved in arranging any insurance and is not regulated for that purpose.
5. During the Event, the Organiser may at certain times take control and possession of your vehicle including without limitation for the purpose of applying decals to your vehicle, transporting or storing your vehicle, public displays, pre-Event preparation and in between day ‘stages’ of the Event.
V. Registration fees
1. The “Registration fee” for the Event is available upon request.
2. You are responsible for paying the registration fee, as well as any additional fees or fines that may arise and charges for any additional co-drivers in your vehicle.
3. Participation in the Event is only confirmed once the registration fee has been received and confirmed by the Organiser. Until that time, no spots or team numbers are confirmed and all billed and unconfirmed spaces can and will be sold to the waitlist.
VI. Refunds
1. If you have to withdraw from the event for any reason, you should notify the Organiser immediately.
2. You agree from the date the Organiser receives your Deposit and registration fee any or part of the registration fee you have paid will be non-refundable. Refer to specific Rally Event terms and conditions for a breakdown of payment and refund dates.
3. The Organiser reserves the right to amend the advertised route at any stage. All Entrants will be notified of any changes in writing in this instance.
VII. Transferal of registration fee
1. Once the registration fee has been paid, this fee is not transferable to other future events or as part payment of any future event organized by the organizer.
2. If you wish to give up your place to another person, you must inform the Organizer in writing no later than two weeks before the Event. The Organizer reserves the right to approve the proposed transferee
VIII. Unauthorised Participants
1. To participate in the event, you must pay the registration fee.
2. Unauthorized Participants are natural persons who have not paid the Entry Fee and are therefore neither the named driver nor co-driver and therefore are not recognized or accredited Participants of the Event.
3. Any unauthorized person and/or Unauthorized Participant, without exception, seen to participate in the Event in any way will be immediately charged for their participation by the Organizers. If you introduced an unauthorized participant, the costs will be borne by you.
4. For the avoidance of doubt, a Participant may not invite a person to participate in the Event unless he or she is the pilot or co-pilot specifically recognized by the Organiser.
5. For the avoidance of doubt, participation in the Event includes, but is not limited to: being a passenger or driving a participating car for any part or stage of the Event when you are not registered as a driver or co-driver on the Event; be inside the pits of the cars without accreditation provided by the Organiser; attending lunches, dinners or events inside the Django Rally hotels or at any other place where a lunch, dinner or a Django Rally event is held; attend Django Rally checkpoints; attend Django Rally parties where they are not named on the guest list; attend driver briefing, driver check-in or any other occasion held during the event.
IX. Personal Acquisitions
The registration fee into the Event does not include personal acquisitions and / or disbursements including without limitation, petrol, telephone bills or other expenses and disbursements incurred while staying in any of the hotels or venues (including courier/postal charges relating to sending luggage and room service charges), fines of any sort, or damage caused at any venue visited.
X. Assistance cars
1. Support Cars are determined to be a car that gives assistance to participating cars and participants on the rally.
2. Support Cars are not in any way affiliated with the Event and as such must not have any branding pertaining to the Event, the route, Sponsors, personal sponsors team names or team numbers.
3. They will not be permitted in any of the car displays or checkpoints and individuals driving the Support Cars will not be recognised as participants of the Events. If they are seen to be participating in the Event in any way then they will be recognised as Unauthorised Participants and charged by the Organisers for their participation.
4. During the Event, Django Rally will sometimes charter flights for Participants and vehicles of Participants which is included within the Entry Fee. Support cars and Passengers of Support cars will not be permitted on board these flights.
XI. Hotel Rooms
1. Included in your Entry Fee you will receive one hotel room at each overnight hotel location (“Django Hotels”) on the Event.
2. All hotel rooms will consist of either a double bed or twin beds for you and your co-driver to share. If you do not wish to share a room with your co-driver then you may purchase an additional room from the hotel directly via a private booking at such time when the Organiser releases the hotel list.
XII. Compliance
1. You must comply with all applicable laws and regulations of the country and/or states in which you are travelling ("Applicable Laws"), including without limitation all speed regulations, laws of the road, laws relating to the safety of your vehicle and laws relating to the possession or use of alcohol, drugs or other prohibited substances. If you breach any Applicable Laws, the Organiser reserves the right at its sole discretion and without being subject to any appeal to prohibit you from participating further in the Event without giving any refund.
2. You must participate in the Event in the vehicle you stated when completing the Entry Form. You will only be able to participate in another vehicle subject to the Organiser's consent (which it is entitled to withhold in its absolute discretion). If the Organiser does not consent to you participating in a vehicle other than the one stated in the entry form, you shall be refused access to further participating in the Event (and you shall not be entitled to a refund of your Entry Fee).
3. The person(s) entering the Event and named on the Entry Form must participate in the Event. If for whatever reason you are unable to participate, your entry place is not transferable but you may transfer your place to another individual as outlined in Clause 7.
XIII. Responsibility
1. The Organiser accepts no responsibility or liability for (a) the consequences of you being refused passage and/or entry/exit to or from any country visited en route or (b) any damage that may be caused to your vehicle or damage to or loss of contents in the vehicle when taking temporary control of it.
2. Any additional costs incurred on the Event are your own responsibility and the Organiser reserves the right to recover any fees incurred arising out of your actions.
3. You must provide vehicle registration plates for both the front and rear of your vehicle. Failure to do so may prevent access to a country. It is your responsibility to ensure that you and your vehicle are compliant with locally applicable laws along the route (including limit weight, width, lighting and visibility). All drivers must carry their full driving license, vehicle registration documents which are relevant to the country of registration, proof of vehicle tax and insurance and any necessary certificates and/or consents for use of the vehicle on public roads within the country of registration (where relevant). All information that the Organiser requests from you in relation to your own personal details and those of your vehicle must be accurate and complete in all material respects and you warrant to the Organiser that all information which you provide is true and accurate to the best of your knowledge.
XIV. Conduct
1. You must conduct yourself appropriately at all times and abide by all the rules of the hotels and other venues used during the Event.
2. When ‘checking in’ to all hotels a credit card must be provided as a security guarantee against any and all incidental charges and any damage to the hotel property. Any such costs incurred must be paid for by you before ‘checking out’ or such costs may be automatically debited from your credit card in accordance with the individual hotels policies.
XV. Intoxicating Substances
1. You must not consume alcohol while driving.
2. You must not drive under the influence of alcohol or any other intoxicating substance at any time.
3. If the Organiser finds you to be under the influence of alcohol or any other intoxicating substances whilst driving or attempting to drive the Organiser reserves the right to prohibit you from participating further in the Event.
4. There will be routine breathalyser checks on participants. The Organiser reserves the right to prohibit you from participating further in the Event if you refuse a breathalyser check.
XVI. Security
You must not drive if your ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, or any other condition.
XVII. Indemnity
It is a condition of your entry to the Event that you agree to indemnify the Organiser, its directors, officers, employees, agents and consultants against any and all claims, lawsuits and causes of action whatsoever or howsoever arising and brought against the Organiser by any third party as a result of your action or participation in the Event, including without limitation, your violation of any Applicable Laws or laws or regulations or your breach of these Terms and Conditions.
XVIII. Force Majeure
1. The Organiser, its directors, employees, sponsors, advisors, agents and consultants are not responsible if they cannot fulfill their obligations resulting from this contract (including without limit the holding of the Event or any part of it) in cases of fire, earthquake, epidemic diseases announced by the World Health Organisation, cyclone, flood, aridity, strike, lightning, war in the country, revolution, civil war, terrorist activities and similar troubles, blockade, embargo, confiscation and expropriation, and in other cases defined as Force Majeure by any applicable laws and / or Applicable Laws and regulations.
2. The Organiser cannot be held responsible if it is not possible for it to fulfill any one of its obligations or if a delay occurs in fulfilling its obligations due to any reason or situation beyond its will power and control, including but not limited to incidents arising from the operations of law enforcement in any territory, the general instructions of any relevant official institution, provisions of law, regulation and statute, instructions given by authorised officials such as police and government officials, extraordinary situations, and other force majeure events. For the avoidance of doubt, if the Organiser acting reasonably decides to call off the Event either before the Event or during the Event due to an incident (such as a death or serious injury in connection with the Event, or an event that otherwise naturally detracts from the Event), such event will be considered to be a force majeure event in accordance with this clause and the Organiser will have no liability, in particular and without limitation, to refund the Entry fee or any part of it to any Participant.
XIX. Logos
1. You agree to have the official decal pack applied to your vehicle by Organiser's nominees and to maintain them on your vehicle during the entire Event. This consists of the Django Rally logo and all official partners and sponsors names and logos as well as your allocated team number.
2. You shall not deface, cover up or otherwise obscure such stickers and shall use all reasonable endeavours to keep them visible at all times. Stickers are not permanent and easily removable without damaging vehicle finishes. The Organiser will therefore not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.
3. You shall not be entitled to use any of the Organiser's, partners’ or sponsors’ logos, trademarks or name for any purpose whatsoever. In particular, you shall not be entitled to use the Django Rally logo or name on any website or in printed materials.
4. The Organiser shall not be responsible for any damage caused to your vehicle during the application or removal of the official decal pack. Any issues should be discussed directly with the company responsible for the application or removal.
XX. Personal Sponsoring
1. Personal sponsorship for your vehicle is only permitted if you obtain the Organiser’s prior written consent t least two weeks before the start of the Event.
2. Subject to obtaining the Organiser’s prior written consent as to the identity of your personal sponsor(s) (up to a maximum of two (2) personal sponsors), you will be entitled to place your own sponsors/sponsors names, marks and/or logos in two (2) designated positions only on your vehicle provided that your sponsor/sponsors does not / do not, in the Organiser's opinion and at its sole discretion, compete or conflict with the Event’s Official sponsors.
3. The Organiser will determine the location and size of your sponsor / sponsors names, marks and / or logos on your vehicle and this will be communicated to you in advance of the Event. If you wish to place your own sponsors / sponsors names, marks and/or logos on your vehicle you should submit a written request (to the Organiser) for permission to do so. Personal logos are to be produced at the cost of the Participant and applied in the designated areas only after the official decal pack has been applied.
XXI. Unauthorised Sponsorship
1. If you arrive at or attempt to participate in the Event with your vehicle, support vehicle displaying the branding of a sponsor that has not been authorised by the Organiser, you will be required at your own cost to remove such branding from your vehicle, failing which you shall be refused access to and participation in the Event (and you shall not be entitled to a refund of your Entry Fee).
2. All unapproved branding will be removed immediately by the Organiser without question or notification.
XXII. Copying the Event
By signing below, you are agreeing that you will not organise, invest in or fund a rally or similar event which attempts to replicate the Event or any of its unique features, activities and components or which seeks to benefit in any way from the Organiser’s branding or goodwill. Doing so will result in legal action by the Organiser and you hereby agree to remain liable for any and all costs incurred by the Organiser on a full indemnity basis.
XXIII. Violation of Terms
If you violate any of the above terms and conditions or refuse to follow the instructions given to you during the Event by the Organiser or any of its employees or nominees, you may be prohibited from further participation in the Event.
XXIV. Refusal
1. The Organiser reserves the right to refuse your entry or participation prior to and during the Event at any time and for any reason whatsoever (without being obliged to disclose the reason).
2. In case of the cancellation of the Event or the refusal to allow you to participate further, no refund of the Entry fee will be made.
XXV. Image Rights
1. By participating in the Event, you consent to be photographed and to be included in the filming of footage documenting the Event.
2. You hereby waive any and all rights of publicity or privacy and grant the Organiser a royalty-free license to utilise and exploit your appearance in the Event in any and all manner and media throughout the world in perpetuity.
3. 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.
4. You consent to the use of your name, image, likeness, 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.
5. You expressly release the Organiser, its directors, officers, agents, employees, consultants, licensees and assignees 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.
XXVI. Personal Filming
1. You are entitled to take photographs and film footage of your participation in the Event for non-commercial purposes only (that is for personal and private use only).
2. You are not entitled to reproduce or use photographs or footage of the Event on any website for a commercial purpose, in any printed media or matter or in any television programme without first obtaining the prior written consent of the Organiser.
3. In all circumstances (both commercial and non-commercial) you agree not to photograph, record, reproduce, publicise digitally or in printed media any road traffic accidents, which may occur during the Event.
XXVII. Media Appearances
1. You shall not be entitled to arrange or conduct any media appearances or make statements to the press relating to your participation in the Event without obtaining the prior written consent of the Organiser.
2. In the event that any press statements or media appearances are issued or required in any way in connection with your participation in the Event, you will cooperate fully with the Organiser in such activities.
XXVIII. Modification of the conditions
1. The Organizer reserves the right to modify these terms and conditions from time to time subject to notifying you of the changes.
2. You will be deemed to have accepted the amended terms and conditions by entering the Event and/or signing above.
XXIX. Applicable right
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Benin, and you hereby irrevocably consent to submit to the non-exclusive jurisdiction of the courts of the Republic of Benin any claim, dispute or question present herewith.
XXX. Entire Agreement
These Listing Terms and Conditions, Waiver and Listing Requirements Form constitute the entire agreement between the parties and supersede any prior arrangement, understanding or understanding between the parties, whether oral or writing.
XXXI. Privacy
You agree to keep confidential and not to disclose to any third party the details of any incident occurring during the event, including, without limitation, all details of any traffic accident that may occur during the event.
Discharge of responsibility
I- Risks associated with participation
I acknowledge and agree that participation in an event such as the Django Rally (the “Event”) is potentially dangerous and that there are numerous risks associated with my participation. These risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers and/or fixed or moving objects, and the negligence of other drivers. Further, I fully understand and accept that my participation in the Event may result in serious bodily injury and/or death to myself or others. I further realize and understand that the event itinerary will require driving on public roads on which the risk of travel is to be expected. Furthermore.
II- Risk management
With full knowledge and understanding of the risks associated with my participation in the Event, I voluntarily and fully register for the Event and accept and assume all risk of loss, damage or injury (including death).
III- Compliance with Terms and Conditions
I undertake to respect all the conditions of registration for the Event. I acknowledge and understand that the event organizer will use reasonable efforts to ensure that all other participants comply with the terms and conditions of entry, but cannot guarantee that participants will comply with these terms and conditions.
IV- Disclaimer
Personal injury (including death) and/or claims are caused by the negligence of the persons listed above or otherwise (including out of the transportation of my vehicle by air arranged by the Organiser) except that nothing in these Terms and Conditions shall shall be construed as excluding or limiting Sponsor's liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, I agree not to sue the organizer, its officers, directors, employees, consultants, agents and sponsors of the event for all damages, injuries (including death) and/or claims that I may suffer directly or indirectly out of my participation in the Event. This release includes, but is not limited to.
V- Indemnity
I hereby agree to release, defend, indemnify and hold harmless the Organizer, its officers, directors, employees, consultants, agents, event sponsors and licensees and assigns from and against all claims, demands, damages, suits, liabilities or actions arising directly or indirectly from my actions or otherwise from my participation in the Event, whether made or claimed during or after the Event, including all associated costs and expenses and all amounts Sponsor may pay in settlement or compromise of such claims or Liabilities. I have read this waiver, fully understand its terms, and understand that I have waived substantial rights by signing it. I did so freely and without inducement, coercion or compulsion. I intend this disclaimer to be a full and unconditional discharge of all liability to the fullest extent permitted by law. I agree that if any part of this waiver is found to be invalid, the remainder of the waiver will remain in full force and effect. Please note that by completing the registration form and agreeing to these terms and conditions, you are entering into a legally binding agreement with us to participate in the event under these terms and conditions. if any part of this waiver is held invalid, the remainder of the waiver shall remain in full force and effect. Please note that by completing the registration form and agreeing to these terms and conditions, you are entering into a legally binding agreement with us to participate in the event under these terms and conditions. if any part of this waiver is held invalid, the remainder of the waiver shall remain in full force and effect. Please note that by completing the registration form and agreeing to these terms and conditions, you are entering into a legally binding agreement with us to participate in the event under these terms and conditions.
By making payment and reserving your place, you agree and acknowledge that:
You have read and fully understand the Terms and Conditions contained in this Agreement;
1. You agree to and abide by the Terms and Conditions contained in this Agreement;
2. You have read, understood and accepted the terms of the waiver;
3. You acknowledge and agree that you have had the opportunity to seek independent legal advice.