Below are the details of the terms and conditions of the booking agreement. Please read them carefully. When you make a booking and we accept it, a legally binding contract is made. When you sign a booking form or fill one in online, you (and any other person on whose behalf you book) agree to accept all of these conditions, you acknowledge that you have read the relevant trip information and the General Information. You also warrant that the information given by you on the booking form is complete and true.
1. Making a Booking
By making a booking you are warranting that all members of your party are competent and experienced cyclists.
Prior to booking please read the tour description, tour itinery and these booking conditions. If you have any questions please contact us for clarification. Please print these conditions and keep a copy for your records.
To make a booking you must be over 18 and send us, whether by post or by completing and transmitting a booking form to us electronically, a completed booking form and non-refundable deposit for each person. We will treat each electronic, or postal booking form submitted as an offer by you to purchase the holiday package in accordance with these terms and conditions. We will acknowledge receipt of your booking and payment by e-mail. If you notice any errors regarding your booking on this e-mail, please contact us at email@example.com to correct these. A contract will only be in place between us (all persons named on the booking form) once your deposit has cleared to us and we have issued a separate confirmation of our acceptance of you and participants booked by you, on our tour. The date on the confirmation will be the date the contract is made.
2. Deposit & booking confirmation
As soon as you have paid on-line your deposit, you will receive a confirmation email. This will act as confirmation of your booking and forms the basis of the contract between us. You will also receive an email from your card supplier.
All on-line (e-commerce) bookings are regulated by the relevant UK legislation and we conform to UK regulations.
Our website provides facilities for you to pay by credit card. Under the distance selling regulations you have a 14 day cooling off period to cancel your booking. This is also the time period we will use to review your experience and suitability for a Tour. In addition, by paying with a credit card, the consumer credit act provides you with additional protection against our default.
Money sufficient to cover every booking on a holiday has been deposited in a secure account to protect you in the event of our insolvency.
3. Paying the final balances
The balance of your invoice is due to be paid 10 weeks prior to the start of your holiday. Where a booking is made within 10 weeks of departure, the total holiday cost becomes due immediately.
4. Cancellation by You
If you wish to cancel your holiday we require written notification. This can be by letter or by email.
Where a booking has been made by a couple sharing a room then cancellation by one of the couple means that: (1) the cancelling participant loses their deposit and (2) the other participant is liable for a single supplement charge.
5. Our cancellation charges are as follows:
More than 70 days before departure: deposit only. Less than 70 days before departure the full amount is payable.
6. Cancellation by Cycling Gems
If for some reason we have to cancel a Tour, or if we have to cancel your individual booking, we will refund all monies paid by you to Cyclinggems. We will send a cheque for your monies paid together with a notice of cancellation to you. We are not liable for any other costs incurred by you. We will endeavour to notify you of any cancellation prior to any final balance being paid.
7. Our liability to you
We promise to ensure that all parts of the holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. We accept responsibility for any personal injury or death caused to you as a result of the proven negligent acts and/or omissions of our leaders, agents, suppliers and sub-contractors. The company shall not be liable for any damages caused by the total or partial failure to carry out the contract if such failure is:
- attributable to the participant or any member of his or her party, or
- the fault of a third party unconnected to either the leader or the company, or
- a result of unusual or unforeseen circumstances beyond the control of the leader, the company or the supplier of the service in question which could not have been predicted or avoided even after taking all reasonable care, or
- the fault of any person who was not carrying out work for us (generally or in particular) at the time.
Where the company is found to be liable for damages in respect of its failure to carry out the contract the maximum amount of such damages will be limited to the price paid for the tour. Any independent arrangements made by the participant that are not part of the tour are entirely at his or her own risk.
8. Your Liability to Us
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability or learning or physical disabilities, whether or not these are controlled by medication or are currently dormant, before booking. This includes condition or disability which might affect your holiday or other group members' enjoyment of the holiday. If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition, level of fitness or disability we reserve the right to refuse your booking.
The company shall not be responsible for participants’ actions or for injury, damage to property or other loss due to inadequately serviced or maintained cycle or other personal equipment or any other matter beyond their control. We regret that participants under the age of 18 years who are not accompanied by a Parent or Guardian cannot be accepted.
The company shall not be responsible if any participant is unfit for the tour.
Before making a firm booking for any tour, intending participants MUST make certain it is appropriate to their physical abilities. We are not a specialist provider of tours for the less able. In many cases the accommodation used is not equipped to cater for special needs. In addition, pre-existing medical or mental conditions must be notified to the company on the booking form or as soon as the participant is aware of the condition. Any participant suffering from diabetes or any other condition requiring medication shall ensure that the leader and at least one other responsible member of the party is aware of this. It remains the responsibility of each participant to disclose the existence of such a medical condition. The company will not be held responsible for any failure to do so.
9. Special Requests
Participants should understand that in most cases our tours are moving on tours, that is, they are changing hotel each day. Meals are provided on a half board basis and we have to take the set menu provided by the hotel or restaurant. In many places visited there is little understanding of medical or ethical diets. In particular, it may not be possible to identify, or to exclude, ingredients in sauces or stock and alternatives may be very limited. A participant’s booking is accepted on the understanding that any dietary requests accepted by us, are subject to the vagaries of the hotel or restaurant. We reserve the right to refuse a booking where we consider the dietary requirements cannot be reasonably met. In the case of the company cancelling your booking we will provide a full refund of any monies paid.
In cases where your booking has been accepted for a single room, we will make this arrangement with the accommodation provider. However, participants booking a single room should be aware that accommodation providers may not honour the booking, or may provide a single room with shared facilities. Where the company is aware of this prior to your holiday we will contact you and discuss it with you. Where it is only apparent on arrival at the accommodation and the provider does not honour the booking, participants must accept accommodation offered if reasonable alternatives cannot be found.
10. Bookings are accepted on the following understanding
The participant’s booking is accepted on the understanding that he or she realises the hazards involved in this kind of tour including injury, illness, loss of or damage to property including cycles in transit, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alter¬natives and requires a substantial degree of tour flexibility. The outline itineraries given for each tour must therefore be taken as an indication of what is to be accomplished and not as a contractual obligation. Changes in itinerary may be caused by, for example but not exclusively, hotel ceasing to trade, local political conditions, mechanical breakdown, weather, border restrictions, sickness or other unforeseen circumstances. No refund will be given for services not utilised.
It is a fundamental condition of joining the tour that a participant accepts the need for this flexibility and acknowledges that delays and alterations and their results, such as inconvenience, discomfort or disappointment, are possible.
If any participant is prevented from travelling because in the opinion of any person in authority he or she appears unfit to travel or likely to cause discomfort or disturbance to passengers, our responsibility for that participant’s holiday will then cease. In all cases we will be under no obligation whatsoever for any costs incurred, and the participant concerned shall not be entitled to any refund.
11. Tour leader authority
When you sign our booking form, you agree to abide by the authority of the leader, who represents Cycling Gems Ltd. The decision of the leader as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the leader, your behaviour or physical condition, including level of fitness is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if the leader considers your general wellbeing will be put at risk by continuing with the holiday, you may be asked to leave the tour without the right to any refund for unused services.
Due to the dangerous nature of adventure and activity holidays, you must be adequately insured for your holiday. It is a condition of your contract with us that you are fully insured in respect of the risks set out below. It shall be your responsibility to ensure that you are properly insured for the risks appropriate to adventure and activity holidays. The risks that appear below are set out for your consideration only and are not intended to be an exhaustive list:
- medical treatment and repatriation;
- cancellation and/or curtailment of holiday;
- loss or theft of personal effects;
- hospital benefits;
- personal accident;
- personal liability;
- travel delay
- emergency rescue including helicopter evacuation
- legal expenses.
You are strongly advised to seek advice from your insurance broker and/or your insurance company about your cover.
You agree to indemnify us from any claim whatsoever arising from your failure to comply with this condition.
We do not check insurance policies. We reserve the right to cancel your booking at any time before departure if we are not satisfied that adequate insurance is in place for you. All baggage and personal effects, including bikes, are at all times at your own risk. We will not be responsible for any loss, damage or accident to any luggage and property, howsoever incurred. You are advised to check the limitations of your insurance policy in this respect.
13. Force majeure
This is the term applied to unusual and unforeseeable circumstances that are beyond our control. Compensation payments do not apply to changes, cancellations or curtailment caused by reason of war, threat of war, riots, civil strife, terrorist activities, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, floods etc, technical problems of transport, closure or congestion at airports or ports, cancellation or changes of schedule by airlines or similar events. We cannot accept responsibility where the performance or prompt performance of our contract with you is prevented or affected as a result of such circumstances.
14. Promotional Images
Any likeness or image of you secured or taken on any of our trips may be used by the company without charge in all media (whether now existing or in the future invented) for bona fide promotional materials of any kind, such as brochures, website slides, video shows and the internet.
15. Passports, visas, and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
16. Flights and Travel to the Holiday
We do not arrange the flight element of your holiday or any other travel to the start of the holiday, or from the finish of the holiday. It is your responsibility to make these arrangements and to ensure that your travel arrangements coincide with your required dates of arrival and departure. We do not accept any liability for any curtailment of your holiday by reason of any delay arising from your travel arrangements. We regret that we cannot offer any assistance in the event of delay of your outward or homeward flight.