Paris Dakar Challenge – Terms and Conditions (1/7/25)

Tour Member Agreement

DEFINITIONS

• “Applicant”: Person submitting a booking form to join the Paris Dakar Challenge (PDC).
• “Participant” / “Tour Member”: Individual accepted onto the Tour.
• “Tour”: Any overland challenge operated by Paris Dakar Challenge Ltd.
• “Tour Organiser”: Paris Dakar Challenge Ltd, registered in England & Wales.
• “Fee”: Full price payable by the Participant for the Tour.
• “Deposit”: Non-refundable sum to confirm a Participant’s place.
• “Tour Leader” / “Tour Staff”: Persons appointed to support and manage the Tour.
• “Contract”: These Terms and Conditions, the Booking Form, the Participant Information Pack, and any other documents referenced within them.

A. TOUR ARRANGEMENT

1. In return for the Fee, the Tour Organiser agrees to manage and deliver the Tour in accordance with this Agreement.
2. The Tour is a challenge-based, adventurous undertaking and is not a leisure holiday. Participants should expect uncertainty, discomfort, and risk.
3. Minimum group size applies. If, in the sole judgment of the Tour Organiser, the number of Participants is insufficient to justify running the Tour, the Tour may be cancelled or postponed.

B. APPLICATION AND PAYMENT

1. Submitting an application does not constitute a booking.
2. A place is only secured upon acceptance by the Tour Organiser and receipt of the Deposit.
3. The balance of the Fee must be paid in accordance with the published schedule provided by the Tour Organiser.
4. The Deposit is non-refundable under any circumstances.
5. Failure to make payment in line with the schedule may result in cancellation of the booking and forfeiture of any amounts paid.
6. Prices may be subject to change due to external factors such as exchange rates, supplier changes, or taxes. Any increases beyond 2% of the advertised price may be passed on to the Participant.
7. While the Tour is not a leisure package holiday in the conventional sense, it is operated in accordance with applicable UK Travel Package Regulations for financial protection purposes.

C. ACCEPTANCE AND PARTICIPATION

1. The Tour Organiser reserves the right to refuse or cancel any application without explanation.
2. Tour Members must:
   • Hold a valid full motorcycle licence.
   • Comply with insurance and legal requirements.
   • Be confident and capable of managing whichever motorcycle they are using for the Tour, whether their own or one supplied by the Tour Organiser.
   • Adhere to all instructions issued by the Tour Leader or Staff.
   • Confirm they are medically and physically fit to participate.
   • Be capable of maintaining their own vehicle during the Tour.
3. The Tour Organiser may expel a Participant at any time due to safety concerns, disruptive conduct, visa issues, non-compliance with instructions, or any behaviour deemed incompatible with the Tour. No refund will be given in such cases.

D. TOUR CONDITIONS, RISK AND SAFETY

1. The Tour is conducted in remote, international environments with varying and often limited infrastructure.
2. The route, itinerary, services and accommodations are subject to change at any time due to border issues, political instability, safety, weather, or logistical needs.
3. Participation involves inherent risks, including but not limited to:
   • Injury, illness, or death from accidents, falls, collisions, or medical emergencies.
   • Exposure to wildlife, traffic hazards, or environmental dangers.
   • Mechanical failure or loss of use of motorcycle or equipment.
   • Delays, detours, or total abandonment of sections of the route.
4. Participants agree and accept that such risks are a core part of the adventure and waive any right to claim for compensation on this basis.
5. The Participant is solely responsible for their own health and safety throughout the Tour.
6. Any deviation from the advised route or refusal to follow Tour Leader instructions is at the Participant’s own risk.

E. INSURANCE AND MEDICAL

1. Participants are responsible for obtaining comprehensive medical and travel insurance, including:
   • Emergency evacuation and repatriation
   • Motorcycle riding (on and off-road)
   • Personal liability
2. Participants must provide proof of medical insurance at least one week before departure. Failure to do so may result in cancellation without refund.
3. It is also strongly recommended that Participants obtain personal travel insurance for theft, loss or damage to personal belongings.
4. The Tour Organiser may, in the case of serious illness or injury, authorise emergency medical treatment on behalf of the Participant, who agrees to reimburse any related costs.

F. VEHICLE USE AND RESPONSIBILITY

1. Participants using their own motorcycles are responsible for:
   • Roadworthiness, legal registration, and compliance with local laws.
   • All maintenance, breakdown recovery, and replacement costs.
   • Third party liability insurance covering all countries on the route.
   • Personally arranging or purchasing any shipping insurance they require for return freight of their vehicle. The Tour Organiser does not provide insurance for loss or damage during shipping.
   • Remaining in The Gambia for a minimum of one full working day after the Tour concludes to personally oversee handover of their motorcycle to the shipping agent and complete all required customs documentation. Failure to do so may result in delays, additional charges, or refusal of shipment.
   • Acknowledging that, in the event of a breakdown rendering their motorcycle unrideable, the Tour may need to proceed without them. No replacement bike is guaranteed and no refund will be issued.
2. Participants using motorcycles supplied by the Tour Organiser accept responsibility for any damage beyond normal wear and tear. The Tour Organiser may charge for repairs or replacement in such cases.
3. In the event of vehicle loss, breakdown or damage rendering the Participant’s motorcycle unusable or unable to continue with the scheduled itinerary, the Participant acknowledges that no replacement vehicle is guaranteed. Participants using their own motorcycles accept full responsibility for mechanical issues, and no refunds will be issued should the trip need to proceed without them due to unrideable or unrepairable conditions. However, for Participants using a motorcycle supplied by the Tour Organiser, if continuation of the trip becomes impossible due to the complete and simultaneous failure of both the Participant’s assigned bike and the designated spare motorcycle (typically the leader’s), the Tour Organiser may, at its sole discretion, offer a prorated refund for the unused portion of the Tour. This does not apply in cases of rider neglect, abuse or deliberate misuse.
4. Participants using motorcycles provided by the Tour Organiser agree to perform daily safety checks (as specified in pre-trip briefings) and acknowledge responsibility for identifying and reporting any issues. Bikes will be handed over in roadworthy condition and confirmed via a signed checklist at the start of the Tour.

G. CONDUCT AND OBLIGATIONS

1. Participants must not:
   • Ride under the influence of drugs or alcohol
   • Act in a way that endangers themselves or others
   • Harass, abuse, or behave aggressively towards staff or other participants
2. Participants agree to respect local customs and laws.
3. Tour Members are required to maintain a current email address for all pre-trip communications.
4. Participants must comply with all visa, driving permit and health requirements for the countries visited. Failure to do so is the sole responsibility of the Participant.
5. The Tour Organiser has the right to allocate or reallocate participants to different vehicles or groups before or during the Tour.

H. CANCELLATION AND WITHDRAWAL

1. Deposits are non-refundable.
2. Further payment refunds:
   • Up to 8 weeks before departure: 50% refund (excluding deposit)
   • Less than 8 weeks: No refund
3. Participants withdrawing mid-Tour are responsible for their own repatriation and costs from that point forward. No partial refund will be given.
4. If the Tour Organiser cancels the Tour in full, a 100% refund of payments will be offered.
5. The Tour Organiser reserves the right to cancel or reschedule the Tour due to logistical, safety, or business considerations, and shall not be liable for any expenses incurred by the Participant beyond payments received.

I. FORCE MAJEURE

1. The Tour Organiser accepts no liability for disruptions caused by events outside its control, including:
   • Natural disasters
   • Political unrest
   • Border closures
   • Pandemics or health outbreaks
2. In such cases, reasonable efforts will be made to continue, modify, or reschedule the Tour, but no compensation is owed beyond any applicable refund.

J. LIABILITY WAIVER

1. The Participant releases the Tour Organiser, its employees, subcontractors, and agents from any liability for loss, injury, or damage sustained during the Tour, except where caused by gross negligence.
2. Participants agree not to pursue claims arising from risks accepted under this Agreement.
3. This waiver does not affect statutory rights under English law where they apply.

K. IMAGE RIGHTS AND INTELLECTUAL PROPERTY

1. The Participant agrees that images or video taken during the Tour that include their likeness may be used by the Tour Organiser for marketing or promotional purposes.
2. Participants may share personal images and video content on social media or for private use, but commercial use or monetisation of content (e.g. YouTube monetisation, published articles) requires prior written permission from the Tour Organiser.
3. All official Tour materials, images, branding and media remain the exclusive property of the Tour Organiser.

L. DATA PROTECTION

1. The Tour Organiser will retain and use Participant information solely for Tour management, safety, and administrative purposes.
2. Personal data will not be shared with third parties without consent, except where required by law or necessary for Tour delivery.
3. Participants consent to the processing and, if necessary, international transfer of personal data for the purpose of administering the Tour.

M. COMPLAINTS AND DISPUTES

1. Any complaint should be submitted in writing to the Tour Organiser within 28 days of the end of the Tour.
2. Participants agree to engage in good faith communication before initiating legal action.

N. VARIATION AND TERMINATION

1. The Tour Organiser reserves the right to reasonably amend these Terms and Conditions at any time.
2. Participants will be informed in writing of any material changes.
3. The Tour Organiser reserves the right to terminate a Participant’s contract before or during the Tour for non-compliance with these Terms.

O. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

P. ACKNOWLEDGEMENT

By signing this Agreement, the Participant confirms that they: – Have read and understood all Terms; – Accept the risks and responsibilities outlined herein; – Are physically and mentally prepared for the nature of the Tour.

Paris Dakar Challenge Ltd
Company No: 16481563
Registered in England and Wales
Registered Office: R71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ