Your contract is with CycleWild, 42 Bush
Grove, Stanmore Middlesex. HA7 2DZand hereinafter referred to as
the company. These booking conditions form the basis of your contract.
All tours are lead and managed by a partner of the company and all
possible care is taken to see that you have a happy and successful cycling
holiday. The booking conditions below seek to explain as clearly as possible
the responsibility undertaken between us when you make, and we accept, a
booking.
1. To make a booking
Reservations can only be made directly with the company on our standard booking
form. This booking form must then be completed and signed by the person
accepting the booking conditions on behalf of all those named on the form. It
should then be posted to the company together with a deposit before we will
confirm your place(s) on the tour. The contract is effective on our written
confirmation invoice to you and is governed by English Law. Both parties agree
to submit to the jurisdiction of the English Courts. You are also subject to
the conditions of carriage of any carriers used (which may limit or exclude
liability to you), or other companies for whom we act as agents. Bookings are
accepted at the discretion of the company.
Cheques should be made payable to CycleWild.
2. Payment of balance
You must pay the balance or interim payments on the date listed in the tour
prospectus, which is usually at least ten weeks before the start of your tour.
If you book your tour within ten weeks of commencement of the tour you must pay
the full cost at the time of booking. If for any reason the final payment is
not received by this time you will be deemed to have cancelled your tour and
cancellation charges will be applied. Reminders will not be sent.
3. Our price policy
The prices given in the tour prospectus are the cost of the packages described
and will be confirmed when you make the booking. Once you have paid your
deposit and the booking has been confirmed in writing, we guarantee that we
will not increase the price of your tour.
4. If you cancel your booking:
Cancellations will only be accepted in writing from the person who signed the
booking form. We can accept no responsibility for cancellation charges arising
from correspondence delayed or lost in the post.
Cancellation fees will be levied in line with the costs that the
company will incur and these will vary from tour to tour. The scale of charges
for each tour will be listed in the tour prospectus.
Should you be prevented from travelling on the tour booked by
circumstances which do not permit a claim on a normal insurance cancellation
policy, you may transfer your booking to another person provided that person
meets all the requirements relating to the tour and your request is received by
us at least ten weeks prior to departure. Both the person taking over and the
person leaving the booking will be responsible for paying any additional costs
arising from the transfer.
5. If we cancel your booking:
Provided all monies have been paid we will not cancel your tour unless we are
forced to do so:
i) due to unusual and unforeseeable circumstances beyond our control which
could not be avoided even with all due care having been exercised, or what is
usually known as "force majeure" (see clause 18)
or
ii) because the minimum number of bookings needed to operate the tour has not
been reached. In this case participants will be notified of the cancellation no
later than ten weeks prior to the tour commencement date.
If the tour is cancelled we will, if possible, offer an
alternative tour but if this is not acceptable all monies paid will be
reimbursed without interest. We will NOT pay any compensation or be liable to
refund you any incidental expenses that you may have incurred as a result of
your booking such as visas, vaccinations, non-refundable flights, travel
insurance, etc.
6. If we change your booking:
Circumstances may require some changes to be made at any time to the
particulars of any tour (e.g. itineraries, overnight locations, meals or
routes). Any such changes will be communicated to you as soon as possible and
will be held to be of a minor nature. We will not materially change the value
of the tour, and the original theme will be retained.
7. Comprehensive Travel Insurance
Our tours operate in many and varied locations, some in remote third world
countries, high mountains, deserts and other areas where medical and rescue
services are not plentiful, and costs are high. The risks associated with
cycling in such areas can be considerable, and for these reasons we strongly recommend
that all participants be adequately insured. For tours outside the UK
we cannot accept your booking unless you are insured and complete an insurance
declaration form, which states that you have obtained adequate insurance. We
can accept no responsibility for any costs that may be incurred due to
insufficient insurance cover.
When taking out a policy you are advised to check that such policy
will also provide cover whilst cycling on or off-road and that your cycle will
be repatriated following a medical emergency. Some insurance companies require
helmets to be worn when cover is provided. In any event the wearing of a helmet
is compulsory on CycleWild events.
For tours within the UK,
obtaining a travel policy is optional for UK
residents. However non-UK residents are advised to arrange cover before leaving
their normal residence.
Non UK
residents should also ensure that any travel policy commences on the day they
leave their normal residence. It is unlikely that participants not resident in
the UK will be able to
obtain cover once they arrive in the UK
8. Before you make a booking
Participants should be aware that cycling both on and off road is a potentially
dangerous activity, and that they undertake tours at their own risk. 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.
Before making a firm booking for any event, intending participants
MUST make certain it is appropriate to their physical abilities. In addition,
pre-existing medical or mental conditions or learning or physical disabilities,
whether or not these are controlled by medication or are currently dormant,
must be declared to the leader before booking. The company shall not be
responsible if any participant is unfit for the tour. 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. 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, disease,
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
alternatives 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 local conditions, flight cancellations, 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.
It is necessary that a participant abides by the authority of, and
co-operates with, the leader. Signing the booking form signifies the participant’s
agreement to this, and we reserve the right, at the leader’s absolute
discretion, to terminate without notice the holiday arrangements of any
participant who commits an illegal act when on tour or whose behaviour is such
that it is likely, in the leader’s opinion, or that of any accommodation owner
or manager or other person in authority, to cause distress, danger, damage or
annoyance to other customers, employees, property or to any third party. 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.
10. 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:
i) attributable to the participant or any member of his or her
party,
or
ii) the fault of a third party unconnected to either the leader or the company
or
iii) 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 (see
clause 16 Force majeure)
or
iv) 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. Where the damages relate to the
provision of transport by air or hotel accommodation, any compensation payable
will be further limited by the Warsaw Convention as amended by the Hague
Protocol 1955 (Air), the Athens Convention 1974 (Sea), the Berne Convention
1961 (Rail), the Paris Convention 1962 (Hotel Accommodation) and the
International Convention for the Carriage of Passengers & Luggage by Road
1974. Transportation such as Bike Bus, ferries or rail journeys that form part
of the package are subject to the general conditions of carriage of the company
concerned. Any independent arrangements made by the participant that are not
part of the tour are entirely at his or her own risk.
11. Cycles in transit
In the event of a cycle being lost, delayed or damaged on the outward journey,
the company shall not be responsible financially or otherwise for the inability
of the participant to continue with their holiday. The leader will endeavour to
make alternative arrangements in such circumstances but this cannot be
guaranteed.
12. Joining the group
If you are joining the holiday locally our responsibility does not commence
until the appointed time at the designated meeting point. If you fail to arrive
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.
13. Should you have a complaint
In the event of problems arising during the tour, participants should try to
resolve them directly with the leader. If the problem cannot be resolved at
this time you should write to CycleWild giving full details of any complaint on
your return to the UK.
This letter must be received by the company within 7 days of your return.
Complaints will be dealt with in accordance with the procedures of
the company under which the complaint will be investigated by a partner in
timely manner. Should an amicable solution not be agreed an appeal will be
handled at Board level.
14. Special requests
Any special requests made on your booking form are noted, and though we do our
very best to comply with these, we cannot guarantee they will be provided.
15. Travel arrangements
All timings are provisional and for your guidance only. Final details will be
advised nearer the time of departure.
16. 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.
17. Data Protection Act
In order to process your booking and ensure that your travel arrangements run
smoothly, we need to use the information you provide such as name, address, any
special needs/dietary requirements etc. This information must be passed on to
the relevant suppliers of your arrangements such as hotels, transport companies
etc. The information may also be provided to public authorities if required by
them or as required by law. We take full responsibility for ensuring that
proper security measures are in place to protect your information whilst in our
hands.
Where your holiday is outside the European Economic Area controls
on data protection may not be as strong as the legal requirements in this
country. We will not, however, pass any information on to any person not responsible
for part of your travel arrangements. If we cannot pass this information to the
relevant suppliers, whether in the EEA or not, we cannot process your booking.
In making your booking you consent to this information being passed on to the
relevant persons.
18. Information and advice
When this is provided by leaders on matters such as permits, visas,
vaccinations, climate, clothing, baggage, special equipment etc. this is given
in good faith, but without responsibility on the part of the company. Participants
accept responsibility for obtaining any necessary visas and travel documents
required for the holiday.
19. Marketing
Photographs, likenesses or images of participants secured or taken on any of
our holidays may be used by the company without remuneration in all media for
bona fide promotional or marketing purposes
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