Bike Tour Holiday : Terms & Booking Conditions
All holidays are provided by Lake District Bike Hire Ltd (“we”, “our” or “us”) and are sold subject to the following conditions.
Making a Booking
1. Prior to booking please read the website description, tour dossier 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.
2. To make a booking you must be 18 or over 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 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 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 confirmation of this. The date on the confirmation will be the date the contract is made.
3. We will invoice you for the remainder of the cost of your holiday, which you must pay no later than 36 days before departure. If you book less than 36 days before departure full payment must be made on booking. If the balance is not paid in time we reserve the right to cancel your holiday and apply the cancellation charges outlined below.
Cancellation by you
4. If you wish to cancel your holiday, this must be done in writing (including by email to firstname.lastname@example.org) provided that in all instances receipt can be acknowledged by the person who is the first person named on the confirmation issued to you. You will be liable for the following cancellation charges:
4.1 56 days or more before the departure date you will forfeit your deposit;
4.2 more than 28 days and less than 56 days a 50% refund of the holiday price will be made;
4.3 less than 28 days before the departure date no refund will be given; or
4.4 if we require a lesser sum than set out in 4.1, 4.2 and 4.3 above to cover its reasonable costs and losses caused by the cancellation, it may at its discretion charge you that lesser sum.
5. We shall take all reasonable steps to keep its costs and losses to a minimum.
Cancellation by Us
6. We may cancel your holiday including in the following circumstances:
6.1 where circumstances beyond our reasonable control arise, for example, war, civil or political unrest, terrorism, poor weather conditions or technical problems arise with transport; and/or
6.2 the minimum number needed to operate one of our holidays has not been met. We will advise you of this no later than 14 days prior to departure.
7. If we cancel in either of the circumstances described above, we will, if possible, offer an alternative holiday. If the replacement holiday is of a lower value we will refund the difference in price to you. If this is not acceptable to you we will refund all payments made to us in respect of your holiday, but not any insurance premium as this product is purchased from a third party and operates from the time of purchase.
8. Please refer to conditions 10 and 11 below relating to insurance. You should utilise your insurance cover for any loss you suffer before requesting or accepting a refund from us.
9. If any person is prevented from travelling, we will agree to that person’s booking being transferred to another person who satisfies all the conditions applicable to the holiday, subject to both persons accepting joint and several liability for full payment of the holiday price and our charge for confirming the transfer and any additional costs arising from the transfer. We must be given reasonable notice of the transfer request, which is considered to be at least 14 days prior to the departure date.
10. To take part in our holidays you must have adequate insurance cover for baggage, equipment (including, without limitation and where appropriate, bicycles and helmets intended for your use whether hired or otherwise) medical expenses and the cost of repatriation should you become too ill to continue with your holiday.
11. There is insurance designed for the type of holidays we offer and we recommend you purchase insurance with this type of cover. Any claims concerning matters for which you are insured must be directed to your insurers. It is your responsibility to ensure you arrive at the start of the Lake District Bike Hire Ltd itinerary within a reasonable time to commence the pre-booked tour, as we cannot refund you outside the terms of our Booking Conditions. If you have booked flights independently, you may wish to consider arranging insurance in addition to the cover granted under our standard travel insurance policy to cover the cost of cancelled itinerary if your airline cancels your flight and you cannot make it to the start of your tour.
12. Prices quoted on the website or anywhere else in our literature are a guide only and may change at any time up to the point a contract is made between us. All prices include VAT at the appropriate rate. After the contract is made between us we have the right to increase the price of the holiday where the cost to us of providing you with the holiday package increases:
12.1 due to any change in VAT or any other duties, surcharges or fees levied on your holiday package;
12.2 as a result of a rise in transportation costs; or
12.3 as a result of exchange rate fluctuations. Any such fluctuations will be calculated in comparison to a base rate of £1 = US$1.62, £1 = Euro 1.19, obtained at 19 December 2013.
13. We will not make any such increase to the basic cost of your holiday within 30 days of your holiday start date. We will also absorb all such increases where they amount to less than 2% of the total cost of your holiday. These provisions exclude insurance and cancellation charges. If we have to increase our prices you will be entitled to cancel your booking with us and receive a full refund, with the exception of any payments made for insurance.
14. Your booking is accepted on the understanding that you accept:
14.1 the risks and hazards of such a holiday, including the dangers inherent in cycling either on the road or off the road, the dangers inherent in the other activities included in our other holidays, the dangers of foreign travel, especially to countries that are less developed, are politically unstable or are subject to natural hazards, and any risks that result from (amongst other things) changes of local politics, adverse weather conditions, the poor condition of the highways, border restrictions, terrorism and disease; and
14.2 the potential for (amongst other things) delays, alterations, loss or damage to property, inconvenience and discomfort.
15. You should satisfy yourself before booking that you have researched your destination, made an informed decision to travel, and taken all necessary precautions. You can obtain travel advice from the British Foreign and Commonwealth Office.
16. There is a natural need to be flexible in a holiday of this kind. The day to day agenda and ultimate aim of the holiday is taken as an objective and not as a contractual obligation. It is a fundamental condition of booking that you accept this flexibility, and acknowledge that delays and alterations and their subsequent results, such as inconvenience, discomfort, or disappointment, are possible.
17. If after departure we are unable to provide a significant proportion of the services we had agreed to aim to provide as part of our contract with you, we will act reasonably to make suitable alternative arrangements.
18. On any of our holidays it is necessary that you abide by the authority of the leader, who represents us, and whose decision is final. Completing our booking form signifies your agreement to this, and if you commit any illegal act when on the holiday or if in the reasonable opinion of the leader your behaviour is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part.
19. We cannot guarantee the composition of the group in terms of age, nationality, gender, singles and couples.
20. Please note that flights and other products you purchase separately do not form part of your holiday package with us.
21. Travel arrangements to meet or on leaving any tour are your responsibility. Any guidance we may provide is simply that and must be checked by you.
22. Our responsibility does not commence until the appointed time at the designated meeting point. If you fail to arrive there at the appointed time for whatever reason, we will not be responsible for any additional expenses incurred by you to meet up with the group.
23. Any information given by us in regard to climate, clothing, special equipment, topography etc is done so in good faith and must be rechecked by you prior to relying on it.
24. No refund or compensation will be made or given for any unused hotel accommodation, services or features of the holiday where unused at your discretion or as a result of your action/inaction.
Medical and special requirements
25. It is your responsibility to ensure that you are sufficiently fit and healthy to complete your chosen holiday. We reserve the right to require you to produce a doctor’s certificate of fitness to participate in your chosen holiday. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the holiday, you must advise us before booking. If you do not do so, we may cancel your holiday at any time.
26. Medical vaccinations and other preliminary arrangements including passport, travellers cheques, visa procurement are your responsibility. Recommended vaccinations for each tour are detailed in the specific tour dossiers. Please check these before booking and comply with any recommendations in good time. Allow suitable time to obtain these vaccinations and consult your local GP.
27. We welcome people with restricted mobility, medical or particular care requirements or a disability, and aim to ensure that our services are as accessible as reasonably possible to all. However, in order that we may consider the possibility of making reasonable adjustments, it is important that we are fully informed of any needs, requirements and conditions before any booking is concluded. Please telephone us and we will be happy to discuss availability, suitability and potential reasonable adjustments with you, including any requirement for you or a member of your party to be accompanied by someone who is able to provide for any particular needs you or they may have, over and above any reasonable adjustments we are able to make.
28. If you have special requirements a risk assessment might be required prior to confirming a booking or allowing participation in certain activities. Please note that we rely on the information you provide to help us anticipate and satisfy your needs. We therefore require you to give us a full and frank description of your needs. You must update us with any change in your circumstances prior to and during your stay. Our guides can only provide general first aid. As such it may be necessary for you or a member of your party to be able to administer or attend to your/their own medical needs or have someone accompany you/them who can do so.
29. You should inform us immediately if, within 4 weeks prior to your arrival date or during your break, any member of your party has, or develops, an infectious or contagious medical condition. If so, we have the right to:
29.1 refuse to accept your booking;
29.2 cancel your holiday; or
29.3 ask any member of your party to leave immediately, should we, at our reasonable discretion, consider it necessary to protect the health of others.
30. Your behaviour should not be excessive, noisy or disruptive, especially at night. Your behaviour must at all times be appropriate to the culture of the country you are visiting. Offensive or illegal behaviour will not be tolerated and may result in the police being involved. We do not consider offensive or aggressive behaviour or language towards our staff to be acceptable. We may ask you and/or any member of your party to leave immediately if your conduct is considered by us to be inappropriate, likely to cause harm, or impair the enjoyment, comfort or safety of your neighbours, other members of your group, staff and the general public, or is likely, in our belief, to breach any terms of our agreement with you. No refunds or compensation will be given in these circumstances and we reserve the right not to accept any future bookings from you or any member of your party.
Our liability to you
31. Nothing in these terms seeks to limit or exclude our liability if something we do or fail to do causes death or personal injury through our negligence or if we cause damage to your property and that cause is our fault. the services not matching our description of them or our negligent performance of the services.
32. Other than this liability which we have accepted, we will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are reasonably foreseeable to both of us at the time we enter into the contract with you.
33. We shall not be held liable for any damages caused by the total, or partial failure to provide your holiday if such failure is:
33.1 attributable to you; or
33.2 unforeseeable or unavoidable and attributable to a third party unconnected with us or any of our sub-contractors; or
33.3 as a result of unusual and unforeseeable circumstances beyond our control including but not limited to strikes, war, civil or political unrest or government action; or
33.4 due to the theft of bicycles or injury as a result of cycling either on or off road and in particular injuries as a result of either inadequately maintained and serviced personal equipment or failure to wear the correct safety equipment most notably cycle helmets, unless demonstrably due to our negligence.
34. In addition, since the services are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur as a result of any breach of our agreement.
35. We will also not be liable for direct damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any travel services not provided by us, and which we could not reasonably be expected to be responsible for.
36. Except for those areas for which we do not seek to exclude liability, our total liability to you is limited to twice the basic tour price per person shown on the invoice.
37. We sell certain holiday packages that bear the name of Shepherds Walks, Traidcraft and other such organisations that we work with from time to time (the “Organisations”). Your contract for any such holiday package is exclusively with us and as such none of the Organisations have any liability to you under this contract, whether or not you decide to take this holiday as a result of any introduction from such an Organisation. Any claim you wish to make under this contract should be made to us and not the Organisation in question.
38. Any complaints regarding the holiday should be made to the tour leader and/ or local representative who will normally take the appropriate action. If at the end of the tour, you feel that your complaint was not dealt with properly and were not satisfied with the response, you must notify us of your complaint in writing within 28 days of the actual completion date of the tour. We will try to agree a settlement with you.
39. If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Ltd at Old Exchange House, Marford Road, Wheathampstead, Herts, AL4 8AY or from ABTOT, Tower 42, Old Broad Street, London EC2N 1HG. This scheme cannot however decide in cases where the sums claimed exceed £1,500 per person or £7,500 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.
40. Please note that all information given about our holidays, whether on our website or otherwise, is intended merely to present a general idea of the holiday. Information is correct to the best of our knowledge. You will be provided with an itinerary for your holiday giving details such as, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time and we will notify you of any changes that we become aware of as soon as we are reasonably able to do so. For most holidays we publish detailed Trip Dossiers which contain up-to-date definitive information about the holiday, and which will be sent on request or can be downloaded from your account area on our website. You should ensure that you are fully aware of the contents of the Trip Dossier before booking. The information and conditions relating to your holiday (and extension/ options where applicable) contained in the Trip Dossier will be deemed to be part of the contract, and you should therefore read them carefully.
Safety and Security
41. Your personal belongings are your own responsibility during your holiday with us. The police have notified us that personal cycles are particularly vulnerable to theft.
42. Activities which take place out of doors are provided subject to appropriate weather conditions prevailing at the time the activity is to take place.
43. You must ensure that any activity or facility selected by you or any members of your party is suitable for those who are taking part.
44. You are required to follow any safety advice provided to you including wearing a cycle helmet when cycling.
Points to consider before booking
45. You may not bring with you or use any shotgun, knife, firearm, air weapon, archery equipment, fireworks (including sparklers), illegal substances or similar item under any circumstances.
46. Should you wish to use one of our holidays as a gift, prize, part of a reward programme or other promotion you must contact us before making the booking. We will detail the special requirements that apply. By booking you will be deemed to have accepted our special requirements as notified to you.
47. You may not advertise, use, give or resell your holiday or any discount offer associated with it or offer to do so (for profit or otherwise) or use it in connection with a competition, promotion, business and charitable or any other similar venture without our express advance written permission.
Equipment and Accommodation
48. Each accommodation provider may have its own terms and conditions on which they accept guests, and you agree to abide by these.
49. You are expected to use the equipment and facilities provided to you with care and to keep them in a clean and tidy condition. We reserve the right to charge you for any extra cleaning, missing items or damage.
50. We reserve the right to enter your accommodation at any time for any reasonable purpose, for example, to make checks, or carry out essential inspection, maintenance work, housekeeping or repairs. Please note that your occupation is not therefore exclusive.
51. As we continually strive to improve our facilities and holidays you acknowledge and accept that you may find that:
51.1 new facilities are available;
51.2 listed facilities are temporarily closed for maintenance and/or improvement;
51.3 some facilities have been altered;
51.4 maintenance work or housekeeping tasks are undertaken; and
51.5 different equipment is provided to that described.
52. If bringing your own equipment on one of our holidays, please ensure that it is adequately maintained and insured. We will take all reasonable care when transporting equipment, however we are not responsible for any damage caused to equipment by a third party unconnected with the provision of the services contracted for, whether such damage is caused during the holiday or whilst the equipment is in transit.
Compensation payable by you
53. By booking you agree that we have the right either during or after your holiday to recover from you, either via the credit/charge or debit card used to pay for the holiday or otherwise, the costs of:
53.1 any compensation we may pay to others, including others on the tour, resulting from your acts or omissions; and/or
53.2 any property or accommodation damage; and/or
53.3 any other charges, fees or levies we may incur resulting from your action or inaction and from any breach of these conditions.
54. These booking conditions may not be waived
55. These booking conditions are governed by English law and both you and we agree to submit to the non-exclusive jurisdiction of the English courts.
56. By booking, unless you tell us otherwise, you consent to our use of any likeness or image of you secured or taken on any of our holidays without charge in all media (whether now existing or in the future) for bona fide promotional materials of any kind, such as brochures, videos and the internet.
57. We may transfer and / or assign its rights and / or its obligations under these booking conditions. This will not affect your rights under this contract. You may not transfer any of your rights or obligations under these booking conditions without our prior written consent, which we may not unreasonably withheld.
58. You are responsible for the supervision of all members of your party under the age of 18.
59. If either you or we breach this contract and the party not in breach ignores this, the party not in breach will still be entitled to use its rights and remedies at a later date.
60. If any part of these terms and conditions is unenforceable (including any provision in which our liability to you is excluded) the enforceability of any other part of these terms and conditions will not be affected.
61. A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Bike Hire Conditions
1. Advance booking is necessary to reserve equipment. Bookings are not confirmed until receipt of payment.
2. The equipment, including all accessories supplied, is let out on hire. The equipment remains our property and you will not sell, hire out or otherwise part with the possession thereof.
3. You undertake not to misuse the equipment and to return it with all accessories in the same condition as it was when received by you (ordinary wear and tear excepted). We shall be entitled to charge you for any damage caused to the equipment during the period of hire caused by your act or omission. In the event of a breakdown, other than a result of your misuse, we will use reasonable endeavours to repair or procure the repair of the equipment.
4. In the event of the equipment being stolen or lost, we reserve the right to call upon you to indemnify us for the cost of the replacement of the equipment, which will amount to not less than £250. However should the equipment subsequently be returned in a satisfactory condition, we will refund you within 14 days.
5. You must ensure that the equipment is adequately secured when not in use, not use the equipment whilst under the influence of alcohol or drugs and immediately notify us in the event of the breakdown or loss of the equipment.
Lake District Bike Hire Ltd