T&C's | Evoke

Evoke Tours Terms and Conditions

Definitions

Tour - means the specialist car rallies organised by the organiser

Website - The Website of the organiser www.evoketours.com

Organiser - Evoke Sports and Classic Car Tours of St Keverne, Northam, Bideford EX39 1EY

Participants - people or person taking part in the tour

Reservation/Booking Forms - The online form to reserve/book your place on the tour that you have selected.

Deposit - A £250 per person is required (unless stated otherwise) and is payable to Evoke Tours in order hold your reservation.

Full Payment - The total amount which is payable to Evoke Tours by the participant(s) in order to participate in the tour.

Tour 1.1 - The tour is NOT a guided tour and is NOT a race. There is NO competition to any element of driving. Details of the route will be given to all participants and all participants are encouraged to drive together.
The cost of repair, modifications and/or enhancements is at the discretion of the participant(s)
All participants will ensure that they are aware of and comply with ALL applicable laws and rules and regulations of the countries that they are touring through. All participants must drive safely and with courtesy to all other road users and other participants.

By Making a Booking

the first named person on the booking (the lead name) agrees on behalf of all persons detailed on the booking that:

he/she has read these Terms and Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

The Vehicle

The vehicle must be road legal and have a valid MOT (if required) or equivalent if the vehicle is not UK registered, Road Tax (if required) and insurance.
Any modifications must not compromise the safety of the vehicle or its legality. It is recommended these are declared with the insurers otherwise policies may be void.
If the organiser believes that the vehicle is illegal or unsafe, entry to the tour will be refused and a refund will not be issued.
Highly recommended that the appropriate insurance cover is purchased for the vehicle and the participants are responsible for doing so.

Eligibility

The driver of the vehicle must be 18 years of age or older.
As some of our tours involve travelling outside of the UK it will be the sole responsibility for the individual participants to ensure they have a valid passport as well as a visa if required.
Any holder of a valid drivers licence recognised by the countries on the rout of the tour whose licence is valid for the entire duration of the tour shall be eligible to participate.
Drivers licenses of all persons intending to drive shall be inspected prior to commencement of the tour.
The organiser recommends the purchase of holiday insurance for the duration of the tour
The organiser reserves the right to cancel a booking at any time if theses eligibility conditions are not met.

Payment

All payments must be payed in full 8 weeks minimum (unless stated otherwise) before the start date of the tour to Evoke Tours.
A deposit of no less than £250 (unless stated otherwise) and is to be paid upon completing the reservation form.
All cheques are to be made payable to Evoke Tours. Bank transfers are to be made to Evoke Tours, Sort: 20-68-15, Account: 33502376

Cancellation

Refunds of deposit apply to a 14 day period from payment/booking, after such time the deposit is deemed non-refundable.
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Period before departure in which you notify us Cancellation Charge:
More than 56 days Loss of Deposit only

56 - 43 days 50% of holiday price

42 - 29 days 60% of holiday price

28 - 15 days 75% of holiday price
14 - 8 days 90% of holiday price

Less than 8 days 100% of holiday price

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

We will deduct the cancellation charge(s) from any monies you have already paid to us.

In the event of unforeseen circumstances which force the Evoke to cancel the tour, all participants will be refunded. This refund will be limited to the amount of money paid to the organisers and will not include any costs or expenses incurred elsewhere

If we Change or Cancel

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes:

If we make an insignificant change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return ferry/Eurotunnel crossings by less than 12 hours, change of accommodation to another of the same or higher standard.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
(a) A change of accommodation area for the whole or a significant part of your time away. (b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

Cancellation:

We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i. (for significant changes) accepting the changed arrangements; or
ii. having a refund of all monies paid; or
iii. accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or

iv. if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Force Majeure

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected.

However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

Communication

All registered participants will be notified of any significant changes by telephone, email, letter or otherwise.

Insurance

All participants particularly drivers must ensure they posses the correct and relevant insurance for the entire duration of the tour and will provide evidence of this insurance at the commencement of the tour and is valid in all countries on the tour route
The organiser strongly recommends that the participants carry registration documents of the vehicle at all times during the tour.
The organiser recommends that personal holiday/travel insurance and European breakdown insurance is purchased for the entire duration of the tour.
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

Vehicle Decals/Plates

You agree to have the Evoke Tours decals/plates on your vehicle at all times during the tour.
Evoke takes no responsibility for any claims of damage to your vehicle as a result of applying or removing the decals/plates

Miscellaneous

All participants acknowledge that their driving and conduct will have an impact on the reputation of the organisers, the tour and the participants them selves. The organiser reserves the right to disqualify any participant(s) at any time without notice during the tour, for behaviour that causes or is likely to cause danger, upset, distress to any third party or damage to property. Such disqualification will be treated as a cancellation and will be subject to a forfeiture of the full payment. Evoke Tours will not be responsible or liable for any extra expenses incurred by the participant as a result of disqualification.

Limitation of Liability

In all cases the liability of the organiser will be limited to the amount actually paid by the participant to the organiser.
The organiser will not accept liability for any events outside of its control
The organiser will not be responsible or liable for ensuring that participants meet the eligibility criteria. By accepting these terms and conditions all participants confirm that they understand that it will be their sole responsibility to ensure that they hold a valid passport and visas where required, a valid drivers licence and all other eligibility criteria as set out on these terms and condition.
The organiser will not be liable for arranging insurance or any breakdown or other cover on behalf of the participant. Provisions of compulsory insurance cover shall remain the sole responsibility of the participant.
The organiser will not be liable for ensuring that participants are aware of driving regulation in all countries on the route. This shall remain the sole responsibility of the participant/driver.
The organiser will not be liable should any participant be refused entry/exit or passage within any Country/State/Principality visited on route and in particular the organiser will not be liable for any additional expenses incurred as a result
The organiser will not be liable should any participant be unable to complete the tour due to breakdown or for some other reason, and in particular the organiser will not be liable for any additional expenses incurred as a result.
Many of the services during the tour are provided by independent third party suppliers, who provide such services on their own terms and conditions. The organiser bears no responsibility for these terms and conditions and the participants terms acknowledge that they will avail of the services from independent third party suppliers without any liability to the organiser. Copies of such terms and conditions can be made available to the organiser on request.
It will be the sole responsibility of the participant to ensure that their car complies with legal requirements of all countries on the route
By participating on the tour you concentrate to be photographed and to be included in any filming documenting the tour. You hereby waive any and all rights to publicity or privacy and grant the organiser complete permission to utilise and exploit your appearance in the tour in 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 sole discretion. You concentrate to the use of your name, image, voice and biographical material about you in connection with any and all footage, publicity and related promotional material and for any and all publicity promotional purposes. You expressly release the organiser 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 material.
All participants acknowledge and understand that they may be exposed to a variety of risks, foreseen and unforeseen which may or may not be inherent to the tour and that these risks may include, but are not limited to property damage or loss, serious personal injury, or death from exposure to the risk. Participants will be personally responsible for all costs and/or risks associated with the tour and the organiser will not be liable in any way whatsoever for the same.
Notwithstanding anything to the contrary herein, to the fullest of extent allowed by law, the participant(s) agree to waive and discharge all claims, release the organiser from all liability and indemnify and hold harmless the organiser and other partners and employees from any and all liability on account of or in any way resulting from injuries and damages in any way connected with the tour. Participants agree and understand that this assumption of risk and release is binding upon them and their heirs and executors and includes any accompanying minors.

Terms and Conditions Changes

The tour organisers reserve the right to change these terms and conditions at any time. Participants will be notified of the changes and will be deemed to have accepted the amended terms and conditions by participating on the tour.

Governing Law

All disputes arising out of or in connection with these terms and conditions or the contract between the organiser or the participant(s) shall be subject to English law and the jurisdiction of English courts.