BOOKING CONDITIONS & HOLIDAY FINANCIAL INFORMATION (Terms & Conditions)
All holidays operated by CycleActive Limited (“the Company”) are sold to the signatories above (“the Clients” or “you”) subject to the following conditions:
YOUR HOLIDAY FINANCIAL PROTECTION
All moneys paid by the Client under this contract, are held in a Trust Account, controlled by a trustee acting on your behalf. These moneys are not released to the Company until your holiday has been completed or, in the event of a cancellation, the contract has been completed in accordance with the booking conditions. This fully complies with UK law, as defined in The Package Travel, Package Holidays and Package Tour Regulations 1992, and is for the protection of you, the consumer. All flights are booked through an ATOL bonded agent (Onyx International Travel Services Limited, licence no. 3306) and you will have a separate contract directly with them for your flight.
Trust Account Trustee: Mr Jon Gunn (Trustee)
Bank: Barclays Bank
This is a trust account as specified in the 1992 Package Travel regulations and Mr Gunn is a Chartered Accountant acting as trustee. All funds are held in this account until the holiday or services comprising the holiday are completed, for the financial protection of the consumer.
1. Booking. To book send in a completed form and the Company will invoice you for the total cost less deposit paid. The booking is not accepted until the date on this invoice. Final payment must be made no later than 8 weeks before departure. The Company reserves the right to cancel your booking should payment be received late.
2. Flights. We can organise your flight through an ATOL bonded travel agent and you will have a separate contract with them for the flight only. We reserve the right to alter tour and flight dates as a result of any airline schedule changes, and accept no responsibility for any costs incurred by clients who book flights themselves in changing their flights to meet with any revised dates.
3. Your contract with us. Details of exactly what is and is not included in your contract with the Company are shown in the current tour itinerary. You should be familiar with the details of this before booking.
4. Cancellation by you. On receiving written notice of your cancellation you will be charged the following part of your tour cost (including bike rental fees, single supplements and any additional payments), as a cancellation fee:
Days before departure charge made
more than 120 deposit lost only
90 - 120 greater of deposit or 50%
60 - 90 greater of deposit or 75%
less than 60 100%
For any tour where the full payment is made on booking the charge made for cancellation more than 90 days prior to the tour is 50%. To transfer to another tour you must notify us at least 90 days prior to departure, pay a £75 fee, plus any increase in tour cost. The Company reserves the right to refuse any request to transfer to another tour.
5. Cancellation by us. The Company will only cancel your tour if a) it is forced to do so by unusual or unforeseeable circumstances, such as war, unrest or b) it is forced to do so as a result of flight cancellations or c) the minimum number of bookings required to operate the tour has not been reached (see clause 6).
6. Minimum numbers. (Tour group size / Course Group size.) If the minimum number of clients for a holiday tour, as shown on our website, is not reached by 4 weeks before departure we reserve the right to cancel the tour and/or make significant modifications to the tour. If the minimum number of clients for a course, as shown on our website, is not reached by 2 weeks before course date we reserve the right to cancel the course and/or make significant modifications to the course.
7. Other Activities. The Company acts as agent only in respect of all activities, whether or not included in the tour price, which are organised and operated by any other company. Your contract will be directly with the activity provider and subject to their booking conditions.
8. Cancellation by the Company. If the Company cancels your tour you will be offered an alternative. If this is not acceptable the Company will refund monies received in respect of the cost of the tour. We will not be liable for any other expenses which you have incurred as a result of your booking.
9. Surcharges. (This has never happen yet - updated 06.12.16) We reserve the right to impose surcharges up to 4 weeks prior to departure due to unfavourable exchange rate movements, increased transport costs or as a result of any government action. You will only be charged the amount above 2% of the basic tour cost, and if the charge exceeds 10% of the basic tour cost you may cancel your booking by providing the Company with written notification within 7 days of your being notified of the level of the surcharge. This cancellation will be governed by the same alternative tour and refund terms as clause 8 above.
10. Tour changes. This type of adventure holiday will always be subject to changes in itinerary and it is a fundamental condition of your booking that you accept this. You must accept that the web site dossiers are to give you a guide as to what to expect from your holiday but that there will still be considerable flexibility when on the tour. You will not be refunded for any services not utilised.
11. Tour leaders. You must abide by the authority of your tour leaders. If they believe that your behaviour presents any risk to the safety of the group you may be asked to leave the group. You will not be entitled to any refund.
12. Complaints. If you have a complaint about your tour you should communicate it to the leader so that remedial action can be taken if possible. In any event you must notify the Company of any complaint, in writing, within 14 days of the tour finish. Email Rich Barnard
13. Insurance. Before coming on a tour you must have adequate holiday/medical insurance. If you have your own policy, full details of this must be supplied to the Company with or before final payment, and a full copy of the policy given to CycleActive. We also recommend UK clients to have you and your valuables insurance for all UK holidays and courses. See section 17.
14. Company responsibilities. The Company accepts no responsibility for any damage or loss arising from a failure to carry out the contract, or in the process of carrying out the contract, as a result of a) actions by the Client or b) unusual and unforeseeable circumstances beyond the control of the Company or c) any event which the Company, even with all due care, could not foresee or forestall or d) the theft of or damage to bicycles or other equipment or injury to the Client which occur as result of cycling on or off a road, or while in transit in any vehicle, or at any other time during the holiday. Where the Company is found to be liable for any damages, howsoever arising, these damages shall be limited to the price paid for the tour.
15. Provision of Information. Any information provided by the Company or it’s representatives is done so in good faith but without any liability on the part of the Company or it’s representatives. The Client remains responsible for finding out any information necessary, such as vaccinations, visa requirements, baggage allowances, etc.
16. Cycle Hire.a) All hired cycles remain the property of the Company and shall not be sold, hired or loaned out by the Client.b) The Client acknowledges that the cycle hired is in good condition and undertakes to return the cycle and any accessories in that same condition, or to make a payment to the Company, immediately on demand, sufficient to return the cycle to that condition.c) The Company shall not be liable for any damage or loss arising from the Clients use of the equipment. The Client shall indemnify the Company against any claim howsoever arising as a result of the Client’s use of the cycle during the period of hire.d) In the event that the cycle and/or any accessories are lost or stolen the Client shall indemnify the Company for the costs of replacing those items. Should the equipment subsequently be returned in a satisfactory condition these moneys will be repaid.e) The Client will ensure that the cycle is adequately secured when not in use and will immediately notify the Company or one of it’s representatives in the event of any theft, loss, breakdown or other occurrence relating to the cycle or associated accessories.f) All moneys due in relation to the hire of cycles will be added to the tour cost and will be payable in accordance with the Company’s booking conditions. g) The client making payment for the cycle rentals is responsible for the adherence to these terms and conditions, and for payment of any associated additional charges, for all bikes covered by their rental payments, whoever within their group rides those cycles. h) If at any time you are unsure about how to operate your bike you should approach CycleActive for immediate assistance.
Taking Care of the Bike - You are fully responsible for the bike you rent for the duration of the rental period. If your bike is damaged on return you will be asked to pay for the damage.
Wear and Tear - People often ask what constitutes normal wear and tear on a bike. For our rental purposes the following items are all part of normal wear and tear:
• Brake pad wear and replacement;
• Tyre wear and replacement resulting from worn out tread;
• Punctures which can be fixed;
• Chain, chainring, cassette and jockey wheel wear;
• Equipment failure that is covered under a manufacturer’s warranty.
The following list is not a complete indication of what items are not considered to be wear and tear, but it covers some of the main things. In case of this kind of damage you would be responsible for the costs of repair and asked to pay for these costs within seven days of the completion of the rental period:
• Tyres torn, punctured, ripped or otherwise damaged during a ride
• Dent or cracks to frame or forks, other than minor scratches from trail debris
• Bent, snapped or otherwise damaged wheels, stem, bars, seatpost
• Bent chainrings, cassette, deraillier or chain
• Whole bike stolen or lost (in this case you would need to pay for the full cost of the bike).
• Torn, bent or broken saddle
• Punctured inner tube (one damaged tube is allowed, but all subsequent tubes that are punctured must be replaced and the cost covered by the Client)
It is very rare that we need to keep any money from any of our clients. If there is damage to be paid for we’ll talk it through with you first, and find the cheapest possible way of getting things fixed.
18. Gift Vouchers. CycleActive Ltd gift vouchers are non-refundable and expire 2 years after the date of purchase. Gift vouchers purchased before 1st December 2012 expired on the 1st December 2015. CycleActive Ltd gift vouchers and e-vouchers cannot be re-sold without the prior written permission of CycleActive Ltd .
19. Client Concent. As the client you hereby consent to taking part in the cycling course / holiday. You have read all the website information and understand the fitness and skills grading which relates to the booking. You understand cycling has real danger associated to the sport and you are responsible for your own actions while cycling. You are responsible for your own safety and you can stop your course or holiday and get off your bike at any point if you feel the course or holiday is above your skill or fitness ability (This is not a clause for a refund). The following isn’t a definitive list but highlights some of the dangers the sport of cycling has associate with it:
fractures, amputations, paralysation, permanent loss of sight or reduction in sight, crush injury, damage to the brain or internal organs, damage to the eyes, respiratory system or other vital organs including heart attack, scalping, loss of consciousness caused by head injury, death.