- Lifecycle Week
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Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Cape Town Cycle Tour. It is your responsibility to read the clauses referred to:
• By entering the Cape Town Cycle Tour you consent to your name and/or number being publicly displayed and publicised (including on the internet) in the event you are disqualified or another sanction imposed on you (clause 3.1).
• You may be disqualified summarily or another penalty (being a monetary fine up to R1 000.00 or a time penalty) may be summarily imposed without a hearing (clause 3.2).
• Please see the Cape Town Cycle Tour Refund Policy (clause 4).
• You agree to indemnify the service providers of the Cape Town Cycle Tour from and against, any loss, damage, injury, disability, death, expense, cost or liability (clause 6.1).
• You give Cape Town Cycle Tour permission to use certain of your personal information (clause 7.1).
1. Cape Town Cycle Tour Entry Requirements
1.1. To compete in the Cycle Tour, riders must in the year of the event turn:
1.1.1. 13 (thirteen) years old; or
1.1.2. 11 (eleven) years old if riding on the back of a tandem with an adult.
1.2. Entrants will be required to be in possession of a valid credit card to be able to register for an entry on the Cape Town Cycle Tour website.
1.3. Communication on Cycle Tour related matters will be done by e-mail or SMS. It is each entrant’s responsibility to keep their contact details up to date by contacting the organisers on firstname.lastname@example.org or by updating their details at https://online.entries.co.za/entries/findperson.aspx?eid=855.
2. Cape Town Cycle Tour Rules
2.1. Every rider may only ride a human powered vehicle to complete the course.
2.2. Every rider must ride carefully and with due regard to the safety of other cyclists and other road users.
2.3. Every rider must wear a bicycle helmet with the strap securely fastened under his/her chin.
2.4. Every rider must immediately comply with the instructions of a Cycle Tour marshal and/or a traffic officer.
2.5. Every rider must provide information requested by any Cycle Tour marshal immediately.
2.6. Every rider must keep as far to the left of the road surface as is safe having regard to the circumstances and conditions.
2.7. Every rider must at all times display his/her race number legibly and ensure it is pinned on to the back of his/her shirt.
2.8. Every rider must identify him/herself and give his/her address on request to a Cycle Tour marshal and to any other rider requesting such information after a collision or race incident.
2.9. A rider may not ride a bicycle fitted with triathlon, time trial or “Spinachi”-type bars and the organisers reserve the right to disallow the use of certain types of bladed wheels that are considered unsafe.
2.10. Every rider must ride the full Cycle Tour course or retire. If a rider does not complete the full Cycle Tour course, he or she must not pass the finish or timing mats at the finish.
2.11. Riders are required to complete the Cycle Tour course within 7 (seven) hours to be awarded a result and finishing certificate unless the race organisers determine otherwise. This time is calculated from the time the rider’s group crosses the start line. For riders’ safety and in line with the requirements of the City of Cape Town a number of cut-off points have been established along the route. Times and locations of these cut-off points will be available on www.capetowncycletour.com prior to the event date. If riders reach a cut-off point at the specified time, they may not be permitted to continue on the route and the rider and his/her bicycle will be removed from the course and transported back to the finish venue. The Cape Town Cycle Tour Trust have been granted exclusive rights to utilise the course road space for the duration of the event by the City of Cape Town and until such time that the roads have been reopened by the City of Cape Town’s Traffic department, the Cape Town Cycle Tour Trust will have full control of the Cycle Tour route.
2.12. A rider may not use a personal music system, e.g. iPod, or a radio communication device, including a cellular phone, whilst riding, except that members of professional teams may use a radio communication device if in accordance with UCI rules and regulations which can be found at www.cyclingsa.com.
2.13. A rider must participate with a RaceTec/Winning Time timing chip and shall not ride with another rider’s number or RaceTec/Winning Time timing chip.
2.14. A person who has entered must not give his/her number and/or RaceTec/Winning Time timing chip to another person to use.
2.15. A rider may not use foul or offensive language or make offensive, indecent or inappropriate gestures.
2.16. A rider must wear clothing appropriate for a family event at all times.
2.17. A rider may not dispose of any litter along the Cycle Tour course except in refuse bins.
2.18. A rider may not smoke anywhere on the route during the Cycle Tour.
2.19. A rider may not start or attempt to start before his/her designated start group. Any rider who does so may be disqualified.
2.20. A rider must complete the Cycle Tour course with his/her own effort and may not receive any assistance in this regard other than drafting behind another rider or riders participating in the Cycle Tour. The Trust or its designee has the discretion to allow minor assistance by pushing but not towing. Towing is only allowed in the case of special entries for disabled riders.
2.21. A rider may not ride in reverse direction on the route, even after finishing.
2.22. A rider may not ride the Cycle Tour course a second time after finishing unless he/she has obtained the permission of the organiser and complied with all requirements for such permission.
2.23. A rider must provide reasonable assistance to any other rider involved in an accident while participating in the Cycle Tour.
2.24. A rider will be responsible to other riders for the proper control of his/her bicycle.
2.25. Elite Men, Ladies and Veteran group riders must, in addition, comply with all applicable UCI rules and regulations which can be found at www.cyclingsa.com.
2.26. All entrants competing for podium positions and prize money should note that the regulations of Cycling South Africa and the UCI will apply for the Cape Town Cycle Tour. If you are in any doubt on any aspect of these regulations, please contact either Cycling South Africa or your provincial cycling body.
2.27. A rider may not participate whilst under the influence of alcohol or any drug or medication that prevents or might prevent a rider from properly controlling his/her bicycle.
2.28. Any rider who has been suspended or banned from participating in the current Cycle Tour for any reason may not participate in the Cycle Tour.
2.29. Elite Men and Ladies riders may not use performance enhancing drugs. A rider, other than a licensed rider, is not subject to anti-doping testing, except that any rider may be tested for alcohol or drugs after an accident.
2.30. A rider may not display on his/her bicycle, clothing and cycling equipment any writing, logo or item that is offensive or that may bring the Cycle Tour into disrepute, as determined by the Cape Town Cycle Tour Trust.
2.31. A rider who is informed by a Cycle Tour marshal that his/her conduct may lead to him/her being disqualified shall immediately slow down and cease to ride the course.
2.32. Any reasonable medical or emergency evacuation costs incurred on behalf of a rider by the Cycle Tour will be for the cost of the rider.
3. Sanction for Contravention of the Rules
3.1. EVERY RIDER ENTERING THE CYCLE TOUR HEREBY IRREVOCABLY CONSENTS TO HIS/HER NAME AND/OR NUMBER BEING PUBLICLY DISPLAYED AND PUBLICISED (INCLUDING ON THE INTERNET) IN THE EVENT THAT HE/SHE IS DISQUALIFIED OR ANOTHER SANCTION IMPOSED.
3.2. A RIDER MAY BE DISQUALIFIED SUMMARILY OR ANOTHER PENALTY (BEING A MONETARY FINE UP TO R1000.00 (ONE THOUSAND RAND) OR A TIME PENALTY) MAY BE SUMMARILY IMPOSED WITHOUT A HEARING BY ANY ONE OR MORE OF THE FOLLOWING PERSONS:
3.2.1. A trustee of the Cape Town Cycle Tour Trust;
3.2.2. Any other person authorised by the Cape Town Cycle Tour Trust.
3.3. Such summary disqualification or imposition of other penalty may be done at any time.
3.4. In the event that a rider is aggrieved by a summary disqualification he/she may request in writing to the Cape Town Cycle Tour Trust within 3 (three) days of being informed of the summary disqualification to be reinstated. Such rider may supplement such a request for reinstatement in the event of him/her receiving further information at a later time. The tribunal appointed may extend this time on good cause shown.
3.5. In the case of a penalty other than disqualification, after considering any representation that a rider may make in this regard, a trustee shall decide whether the matter should be referred to a hearing or that the penalty remains. Such decision shall be final.
3.6. A rider requesting reinstatement and a rider notified of a hearing shall provide all information and assistance reasonably requested of him or her for the purpose of investigating the request or circumstances leading to the disqualification or possible disqualification. In the event that a rider does not provide all information and assistance so requested, the tribunal may dismiss the request or disqualify the rider or impose another penalty without a hearing.
3.7. Any such request for reinstatement shall be considered by a tribunal consisting of one or more people appointed for that purpose who may:
3.7.1. Take no action;
3.7.2. Reinstate the person;
3.7.3. Order that further information be obtained.
3.7.4. Impose additional penalties including a fine of up to R1 000.00 (one thousand rand) and/or recommend to the Cape Town Cycle Tour Trust that the person shall not be eligible to compete in the Cycle Tour in future.
3.8. In addition, whether or not a rider has been summarily disqualified, the tribunal appointed for the purpose may, on notice to a rider by e-mail or other means of communication, call a hearing to determine whether a rider should be disqualified or another penalty imposed for a breach of the rules.
3.9. In the event of a disqualification, whether summary or after a hearing, a rider shall forthwith return any prize previously awarded to the rider and comply with any sanctions imposed.
3.10. The chairperson of the tribunal shall determine the procedure to be followed at any hearing, including whether a hearing shall be conducted on written evidence and representations only or also an oral hearing, and the nature of evidence (including hearsay) to be allowed. Unless special circumstances exist, formal evidence relating to information from timing mats, video footage and photographs may be presented by a written statement of an employee of the Trust or the provider of timing services for the Cycle Tour. Photographic evidence from the official photographer may be presented by a written statement of an employee of the Trust that he or she obtained the photograph from the official photographer or the website of the official photographer. Other documentary evidence may be admitted by the tribunal on production at the discretion of the tribunal, taking into account the location of the person making the statement and the cost and/or inconvenience of requiring a person to give oral evidence. The tribunal may order that a witness may give evidence by telephone or video link.
3.11. A rider will not be entitled to legal representation at such a hearing, except with the permission of the chairperson of the tribunal.
3.12. The tribunal will only disqualify or impose another penalty on a rider if a breach of the rules has been proven to the comfortable satisfaction of the tribunal bearing in mind the seriousness of the alleged conduct and the consequences of the conduct and penalty.
3.13. An appeal to the Trustees of the Cape Town Cycle Tour Trust (the “Trustees”) may be made in writing within 3 (three) days after the tribunal has delivered its decision. The Chairperson of the Trustees shall determine the procedure to be followed for such appeal and whether the person appealing shall be afforded an oral hearing or whether the appeal will be decided on documents.
4. Refund Policy
4.1. The entry fee will be refunded if the rider is unable to participate in the Cape Town Cycle Tour due to death or hospitalisation.
4.2. Should an entrant cancel his/her entry before the closing date of the Cape Town Cycle Tour, he/she will be entitled to a refund of the entry fee subject to deduction of a reasonable cancellation fee, having regard to the length of notice of cancellation given by the entrant and the potential of the organisers to find an alternative entrant before the entry closing date.
4.3. If riders are unable to take part in the event and wish to have their entry substituted, they may ask the substitute rider to reimburse them but, they may not ask for more than what they originally paid for their entry. The substitute rider must pay an additional entry fee. Riders must ensure that the substitute rider follows the correct substitution procedure which is found on the website. If the correct procedure is not adhered to and the substitute rider is found riding illegally, both parties could be sanctioned.
4.4. The Cape Town Cycle Tour will take place regardless of bad weather and will only be cancelled, re-routed or stopped for reasons of safety. In this event, entry fees are not refundable.
4.5. The organiser reserves the right to refuse any person’s entry, or cancel any person’s entry up to the day before the Cape Town Cycle Tour. In that event the person’s entry fee will be refunded.
5. Limitation of Liability
5.1. THIS EVENT AND A RIDER’S PARTICIPATION AND/OR ATTENDANCE IS SUBJECT TO THE RIDER’S ACCEPTANCE OF THE CAPE TOWN CYCLE TOUR STANDARD LIMITATION OF LIABILITY AND INDEMNITY TERMS WHICH FORMS PART OF THE USER ACCOUNTS TERMS AVAILABLE <HERE>.
6. Third Party Indemnity
6.1. In addition to the indemnities in the General Terms, all entrants to this event agree to indemnify the following service providers or third parties from and against any loss, damage, injury, disability, death, expense, cost or liability of whatsoever nature suffered by him/her, his/her estate and/or his/her dependents which in any manner, in whole or in part, arise directly or indirectly from his/her participation in or attendance at the event or any of the activities associated therewith or incidental thereto, use of facilities and/or amenities.
6.2. The third parties being indemnified herein:
6.2.1. Provincial Government of the Western Cape
6.2.2. Department of Transport and Public Works
6.2.3. The City of Cape Town
6.2.4. Entilini Concession (Pty) Ltd
6.2.5. Entilini Operations (Pty) Ltd
6.2.6. Martin & East Holdings (Pty) Ltd
7. Personal Information
8.1. If one or more of these terms are found to be unenforceable, such term shall be deemed to be severable from the remainder of the terms and the remaining terms shall in all other respects remain in full force and effect.