1
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Definitions
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1.1
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‘the Activity’ means a guided trail riding tour provided by In-4 Tracks & Trails.
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1.2
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‘In-4 Tracks and Trails’ means TrailWorld Limited trading as In-4 Tracks and Trails.
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1.3
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‘the Customer’ means the person who takes part in the activity.
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1.4
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‘the Conditions’ means the terms and conditions set out in this document and any special terms and conditions agreed in writing by IN-4 Tracks & Trails.
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1.5
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‘the Contract’ means each and every contract for the provision of services between In-4 Tracks & Trails and the Customer.
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2
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Terms and Conditions applicable:
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2.1
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The Conditions apply to the Contract to the exclusion of all other terms and conditions.
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2.2
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Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by In-4 Tracks & Trails.
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2.3
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The Contract shall be formed at the time of acceptance by In-4 Tracks and Trails of a booking of an Activity by a Customer and payment of the deposit by that Customer.
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2.4
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All customers must hold a full and valid motorcycle licence for the type of motorbike that will be used in the Activity and must be able to present it upon request.
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2.5
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All Customers must be aged 25 or over to participate in an Activity. (not applicable on our private land)
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2.6
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Each Customer shall pay to TrailWorld Limited a £50 non-refundable deposit in order to secure participation in the Activity.
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2.7
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The balance of the amount due will be paid by the Customer by cheque or Credit Card to TrailWorld Limited 14 days prior to participating in the Activity.
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2.8
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All cheques to be made payable to “TrailWorld Limited”.
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2.9
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In the event that any property owned by In-4 Track and Trails is damaged or lost whilst in the customers possession, the cost of the item will be paid by the Customer. Damage to the motorcycles caused by negligence will be charged at cost.
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2.20
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In-4 Tracks and Trails reserves the right to change the track locations due to weather conditions and the standard of ability of the Customer and will inform the Customer of any changes prior to the commencement of the Activity.
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2.11
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None of the provisions of the Conditions are intended to or will operate to confer any benefit on a person who is not made a party to the Contract.
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3
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Force Majeure
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Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, or other event beyond the reasonable control of either party.
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4
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Customers Disclaimer and acknowledgment of Conditions
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By signing these Conditions the Customer confirms that he has read and understands these Conditions and acknowledges that:-
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a
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He understands that the activity may be hazardous and freely agrees to voluntarily expose himself to risk of injury damage or loss
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b
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Competitive riding and racing is not permitted
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c
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In-4 Tracks and Trails is not a training organisation and tour guides are on hand to give guidance on the route only
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d
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He is responsible for the way in which he uses the motorcycle and rides it during the activity
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e
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He will wear a helmet and the appropriate protective clothing during the Activity
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f
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He has disclosed to In-4 Tracks and Trails any medical condition or medication being taken and confirms that he is physically fit and does not suffer from any medical condition which may adversely affect his ability to control a motorcycle
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g
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He will not participate in the Activity whilst under the influence of alcohol or drugs
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h
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He acknowledges that In-4 Tracks and Trails shall not be liable for the death of or injury to the Customer or any loss or damage to the Customers property unless due to negligence or other failure of In-4 Tracks and Trails to perform its obligations under this Contract or the general law. In the event of any breach of the Contract by In-4 Tracks and Trails the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of In-4 Tracks and Trails exceed the price of the Activity provided that nothing in these Conditions shall restrict or exclude liability for the death of or injury to the customer
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5
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Law and Jurisdiction
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The Conditions and the Contract shall be governed by English Law and the Customer consents to the exclusive jurisdictions of the English Courts in all matters.
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6
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Miscellaneous
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6.1
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All headings are for ease of reference only and shall not effect the construction of the Conditions.
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6.2
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Any provision contained in the Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not effect any other provisions of the Conditions.
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