legal
General
Our registered company name is Challenges (Un)limited, and registered company number 3786692. Our registered office is at 22-23 Arcadia Avenue, London, N3 2JU, UK. We trade as Charity Challenge.
Compliance
All of our contracts are written in plain English and comply with the Package Travel, Package Holidays and Package Tours Regulations 1992, 1995 and 1998, the Civil Aviation Authority (Air Travel Organisers' Licence) Regulations 2012, and the requirements of the Charities Acts insofar as they relate to this type of fundraising adventure.
Legal Guidance
We provide legal guidance with each authorisation form sent through, which is intended to assist the charity in complying with the legal requirements that it undertakes in entering into the arrangements with Challenges (Un) Limited.
Agency
For each booking, we confirm in writing that the Charity is acting as an agent for Challenges (Un) Limited and that Challenges (Un)Limited trading as Charity Challenge are the "principle".
ATOL
Challenges (Un) Limited are ATOL bonded and our ATOL number is 6546. ATOL is a protection scheme for flights and air holidays, managed by the Civil Aviation Authority (CAA). Most firms who sell air travel in the UK are required by law to hold an ATOL licence. ATOL protects clients from losing money or being stranded abroad if the tour operator goes out of business. We lodge bonds with the CAA so that if we were to go out of business, the CAA would give refunds to people who can't travel and arrange for people abroad to finish their holidays and fly home. For further information visit the ATOL website at www.atol.org.uk. This protection only covers holidays that originate in the U.K.
IPP
In accordance with The Package Travel, Package Holidays and Package Tours Regulations 1992 all passengers booking with Charity Challenge for events that do not include flights or where the passenger organises their own flights, our clients are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of their travel arrangements due to the insolvency of Charity Challenge. There is no requirement for Financial Protection of day trips, and none is provided. This Insurance has been arranged by International Passenger Protection Limited and underwritten by Insurers who are members of the Association of British Insurers.
Legal Parties
There are three parties as far as the law is concerned with Charity Challenges:
- The person (your supporter) who participates in the challenge.
- The UK or Irish registered charity (you)
- Challenges (Un)Limited, trading as Charity Challenge (us)
Legal Relationships
- There are three relationships that require a legal contract:
- The participant and Challenges (Un)Limited
- The charity and Challenges (Un)Limited
- The charity and the participant/their supporter
Contracts
To view the relationships in chart format, click here.
The contracts are as follows:
The participant and Challenges (Un)Limited (The Booking Form)
When a participant completes a booking form, either manually or online, they are asked to sign or tick to indicate their agreement to our terms and conditions.
The charity and Challenges (Un)Limited (The Authorisation Form)
As the majority of our clients participate under the minimum sponsorship option, they raise funds for your cause, and we require the charity to pay the balance of the challenge costs 8 weeks before departure (as long as the participant has raised the minimum amount of sponsorship as agreed on the authorisation form). There are two sets of terms and conditions, depending whether the participant is funding the challenge as a self funder or through the minimum sponsorship or flexi route.
In addition, as a matter of formality and to avoid any risk to the charity in advertising or in receiving donations for a specific Charity Challenge event, the charity will receive a letter from CUL to enable the charity to comply with the ATOL Regulations, requiring anyone accepting payment for air seats or air based packages (as the Charity Challenges are) to be either an ATOL holder or their agent. The charity does not need to do anything with this letter, and it places no specific obligations upon the charity, but we do recommend that you keep a copy on file.
The charity and their supporter (Professional Fundraising Agreement)
The legal relationship in place by the time we accept someone to participate in a Charity Challenge are between (1) the Participant and Challenges (Un)Limited (the Booking Form) and between (2) the Charity and Challenges (Un)Limited (the Authorisation Form). The Participant has no formal agreement with the charity and as such, we would recommend that you send out a professional fundraiser agreement on charity letterhead to the participant, which they should sign and return to you. In addition, participants whose personal benefits exceed £500 in any year become a Professional Fundraiser under the terms of the Charities Act 1992 and therefore must have a formal agreement with the charity confirming certain minimum terms. In the case of a Charity Challenge, the personal benefit received is the amount paid by the Charity towards the participant's challenge costs (which in most cases under the minimum sponsorship or flexi options does exceed £500). We will provide you with a database driven professional fundraiser agreement each time we send you an authorisation form for someone who is raising the minimum sponsorship and therefore not covering all of the costs themselves. This agreement will enable your charity to comply with the Charities Act 1992. We recommend cutting and pasting this text onto your charity letterhead and sending it out to all participants who are not themselves covering the full costs of the event (i.e. any minimum sponsorship or flexi participants).
