1. Booking Conditions
- 1.1 These terms and conditions, together with the information contained on our website, provided in our brochures and any information we send to you throughout the booking process, sets out the contractual terms for any Cycling Holiday supplied by Cycology Travel Ltd (“Cycology Travel”, “we” or “us”) to you, the customer (“you”) through our website, over the telephone or through a travel agent.
- 1.2 Please read these terms carefully to ensure you understand them. By booking a Cycling Holiday with us, you are agreeing to these terms. The terms may be amended from time to time by publishing amended terms on our website. The terms which will apply to your Cycling Holiday will be those terms applicable at the time your booking is confirmed.
- 1.3 Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland (as appropriate), can deal with any disputes.
- 1.4 When we refer to your ‘Cycling Holiday’ in these terms we mean the accommodation, transport (excluding flights which you must arrange yourself), cycling tours, cycling equipment, excursions, spas and any other holiday services described by us in our website or in our brochure that you book in the UK with us. Any additional services that you book independently of us, do not form part of our contractual terms.
2. Booking your Cycling Holiday
- 2.1 Initial enquiries should be made by telephone, email or by completing our enquiry form. A member of our team will be in touch to discuss your requirements and provide you with a quotation for your Cycling Holiday.
- 2.2 We will send you a booking form which outlines the details of your chosen Cycling Holiday. To secure your booking, you must complete the booking form and pay a deposit of 50% of the total price (if your departure date is more than 60 days from the date of booking). If your departure date is less than 60 days from the date of submitting your booking form, you must pay the full price to secure your booking.
- 2.3 Once we have received your booking form and deposit (or full payment if appropriate) we will send you a booking confirmation with a breakdown of the total price and details of your chosen Cycling Holiday. The contract between us will only exist when we send you this booking confirmation.
- 2.4 It is important to check the details on your booking confirmation when you receive it. If you have any questions or any of the information is inaccurate please contact us or your travel agent immediately.
- 2.5 If you secured your booking by paying a deposit, the balance will be payable 60 days prior to your departure date. We will specify the date your balance is due on your booking confirmation. If we do not receive this payment on time, we may cancel your Cycling Holiday and retain your deposit.
- 2.6 The person who completes the booking form is the ‘lead name’ on the booking. The lead name must be over 18 years of age and will be responsible for the payment of the total booking price, including any subsequent cancellation or amendment charges that may arise. The lead name confirms that all persons on the booking agree to be bound by these terms and conditions and all other information provided on our website, in our brochures, and provided to you throughout the booking process.
3. Information and prices
- 3.1 We try to ensure the accuracy of the information and prices published on our website and in our brochures, but there is a possibility that errors may occur or that prices may change by the time you make your booking. In these circumstances, we will notify you of such changes prior to confirmation of your booking.
3.2 We guarantee that up until 30 days before your departure date the price of your holiday will not be subject to surcharges except for:
- Variations in transportation costs, including the cost of fuel;
- Variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and
- Variations in currency exchange rates.
- 3.3 We will not charge you for any increase of up to 2% in the price of your Cycling Holiday. You will only have to pay the amount over and above any increase equal to 2%, plus an administration charge of £1 per person.
- 3.4 If the cost of your Cycling Holiday increases by more than 10% of the price, we will offer you the choice of transferring to an alternative Cycling Holiday (subject to availability) or cancelling your Cycling Holiday and receiving a full refund of all money you have paid to date (with the exception of any amendment charges which are non-refundable).
- 3.5 Should you decide to cancel your Cycling Holiday because of an increase in price, you must notify of us of your decision to cancel within 14 days of receiving our final invoice.
- 3.6 If the price of your Cycling Holiday decreases by more than 2% of the total price of your Holiday, this sum will be refunded to you.
- 3.7 We will not make any changes to the price of your Cycling Holiday within 30 days of the date of your departure.
4. Changes to your booking
- 4.1 If you wish to make a change to your Cycling Holiday, the lead name must notify us in writing as soon as possible. We will do our best to accommodate your request however any changes are subject to availability and we cannot guarantee that we will be able to meet your request. If we are able to accommodate your request we will charge you the cost of those additional services, facilities or equipment at the price which is applicable when we amend your booking. An administration fee of £50 per person will be applicable for any amendments made to your booking.
- 4.2 If you are no longer able to go on your Cycling Holiday it is possible to transfer your booking into a different name, provided your replacement meets the requirements of your chosen Cycling Holiday. You must give us reasonable notice of the transfer request, which is considered to be at least 14 days prior to your departure date. Any transfer will be subject to an administration fee of £100. You are responsible for any further costs or charges imposed by our suppliers as a result of the transfer.
- 4.3 If you are unable to find someone to take your place, you will be treated as though you have cancelled your Cycling Holiday and this will be subject to the cancellation charges outlined below.
- 4.4 If you choose to leave your Cycling Holiday early, we are unable to provide you with a refund for the remainder of your Cycling Holiday or for the cost of any unused services.
5. Cancellation by you
- 5.1 You are entitled to cancel your Cycling Holiday with us. The cancellation will be subject to the terms set out below. The lead name on the booking must notify us in writing as soon as possible. The cancellation charges outlined below will apply from the date that we receive your cancellation notification.
- 5.2 The cancellation charges set out below are there to cover the losses that we expect to incur as a result of your cancellation. If only one person on the booking wishes to cancel and you are unable to find a replacement for that person, these charges will be applicable to that person’s booking.
- 5.3 You will not be refunded for any amendment charges that arose before cancellation.
- 5.4 It is unlikely that you will receive a refund of any deposits on any additional services that you have booked, but this will depend on the terms of the individual suppliers. If the supplier does not provide refunds then the charges for additional services will not be refunded.
- 5.5 If you cancel your booking after we have paid suppliers in advance for any aspect of your booking (e.g. a hotel) and that supplier does not provide a refund then we will be entitled to charge you for the amount paid to that supplier or deduct this amount from any refund, if the cancellation charges below are not sufficient to cover that payment.
By way of example only if you have paid the full amount of £3,000 for your Cycling Holiday and we have booked and paid for a hotel (which does not provide refunds) for you at a cost of £2,000 and you then cancel more than 30 days prior to your holiday starting then you agree that we may deduct £2,000 from the amount paid plus our administration charge of £100 and we will pay £900 to you.
5.6 The cancellation charges are as follows:
|Notice of cancellation prior to Departure
|More than 65 days
||£100 admin fee per booking*
|Between 30 – 65 days
||Loss of deposit (50% of the price)* plus £100 admin fee per booking
|Less than 30 days
||100% cost of Cycling Holiday plus £100 admin fee per booking
*Please note that if we have paid a supplier on your behalf (e.g. a hotel) following your booking, and that supplier does not provide a refund then we may deduct a further amount to cover that expenditure, in addition to the cancellation charges above. We will only do this if the cancellation charges are not enough to cover the payment we have made to that supplier.
6. Cancellation by us
- 6.1 We reserve the right to cancel your Cycling Holiday. If we are forced to cancel your Cycling Holiday for any reason, we will notify you as soon as reasonably possible. Subject to availability, we will offer you an alternative holiday of equivalent or similar standard, at no additional cost. We may offer you a less expensive Cycling Holiday and a refund in the price of your Cycling Holiday. You are not obliged to accept our alternative offer and you may choose another Cycling Holiday which is offered by us and pay, or receive a full refund, of the price difference.
7. Changes to your booking made by us
- 7.1 We will do our utmost to provide your chosen Cycling Holiday. However we reserve the right to make minor changes to your booking. We will do our best to notify you or your travel agent of these changes prior to your departure. We will not be liable to pay you any compensation for any minor changes that are made to your Cycling Holiday.
- 7.2 If, for any reason, we have to make a major change to your Cycling Holiday we will notify you as soon as possible. Where possible, we will offer you an alternative of an equivalent or similar standard, or a less expensive alternative and a refund of the difference in price. You are not obliged to accept our alternative offer. If you do not wish to accept our alternative offer you must notify us within 7 days of receiving our offer, otherwise we will assume that you have accepted our offer.
- 7.3 Please contact us for a list of changes that would be considered as major variations to your booking.
8. Circumstances beyond our control
- 8.1 We will make every effort to provide you with the Holiday you have booked. However, we cannot pay any compensation or reimburse you for any loss you may suffer as a result of unusual or unforeseen circumstances that are beyond our control, or beyond the control of our suppliers.
- 9.1 It is your responsibility to take out adequate travel insurance that is suitable for your needs prior to your Cycling Holiday. We will not be responsible for any loss that you suffer as a result of not being adequately insured. We reserve the right not to accept bookings from customers who have not taken out adequate travel insurance.
- 9.2 It is important that your insurance covers you for cycling activities and any other related activities that you are likely to take part in during your Cycling Holiday. We would strongly advise that your insurance covers the cost of any medical emergencies that may arise and the cost of repatriation. You should also consider obtaining insurance to protect you against loss or damage of your personal possessions.
10. Special Requests
- 10.1 Please notify of us any special requests when you book your Cycling Holiday. We will confirm that have made a request by noting this on the booking confirmation. This note does not guarantee that we or our suppliers will be able to meet your request. We will not be liable to pay you any compensation for failing to meet any special request.
11. Your fitness and medical needs
- 11.1 We will do our best, where possible, to accommodate any disabilities or medical issues that you may have. However, please note that we are not a specialist disabled cycling provider. Before you book your Cycling Holiday with us, you should notify of us of any disabilities or medical issues that you or a member of your team have, so we can assess your suitability for your chosen cycling tour. If we are unable to adequately accommodate you on your chosen tour, we will notify you of the reason why and your booking will not be confirmed.
- 11.2 Our Cycling Holidays assume that you have the desired level of fitness and cycling proficiency that will enable you to participate in and enjoy the tour you have chosen. We will ask you to complete a ‘Fitness to Participate’ form which must be answered honestly. If, during the holiday, our cycling guide is of the opinion that you or a member of your team is not sufficiently fit, proficient or well equipped to complete the tour, our guide will have the right to remove you from the tour for a duration that is deemed appropriate to ensure the safety and progress of the rest of the group.
- 11.3 You acknowledge that by the very nature of cycling holidays, they are more physically challenging and demanding and you will be subject to a higher risk of injury. You accept that you have booked the holiday after giving due consideration to these risks and you therefore accept the inherent and increased dangers and risks associated with the proposed holiday and the accompanying risk of injury, death or property damage or loss. We will ask you to complete an ‘Acknowledgement of Responsibility and Liability’ form prior to you commencing your Cycling Holiday. By signing this form, you agree that Cycology Travel’s liability for these risks is limited to the extent set out in these terms.
- 11.4 In the unfortunate event that you do experience a medical emergency during your Cycling Holiday you agree to provide us with authority to arrange medical treatment on your behalf.
12. Your Responsibilities
- 12.1 We want you to have an enjoyable and care-free holiday. Please remember that while you are participating in a group holiday, your actions will have an effect on the other members of the group. If we, our cycling guides or our suppliers, are of the opinion that your behaviour is causing distress, annoyance or disturbance to other members of the group, or is putting them in danger in any, we reserve the right to end your Cycling Holiday and terminate your contract. Should such a situation arise, we are not liable to refund you for the remainder of your holiday, nor are we liable to pay you compensation or any costs that you incur as a result.
- 12.2 Our Cycling Holidays are designed with safety in mind and our cycling guides are professionally trained. However, it is important to remember that you are responsible for your own safety. You are also responsible for the condition of your equipment and any equipment that you have hired from us.
- 12.3 It is your responsibility to arrange and pay for your flights (as this is not included in your Cycling Holiday).
- 12.4 Our team is happy to provide you with general advice relating to your travel requirements. However, it is your responsibility to ensure that you have fulfilled all passport, visa, immigration and health requirements applicable to your Cycling Holiday. We do not accept responsibility if you are unable to travel or you incur any losses because you have not complied with any of your travel requirements. You agree to reimburse us for any losses that we incur as a result of your failure to comply with your travel requirements.
13. Our Responsibilities
- 13.1 We agree on our own behalf and on behalf of our suppliers to take reasonable skill and care in arranging your Cycling Holiday and providing the services to you.
- 13.2 If we, or our suppliers, are negligent in arranging your Cycling Holiday or providing the services that we have agreed to provide to you, we will pay you reasonable compensation. If we or our suppliers comply with any applicable legal or regulatory requirements then this will amount to proper performance of our obligations. If you wish to make a claim then it is your responsibility to show that we have not taken reasonable skill or care.
- 13.3 We will not be liable for any damage to your property while you are on your Cycling Holiday (whether arising as a result of our negligence or otherwise) nor will we be liable for any indirect, special or consequential losses such as lost opportunity, lost reputation or lost earnings.
- 13.4 We accept liability for death or personal injury arising as a result of our negligence or the negligence of our suppliers (subject always to clause 13.2 and clause 13.6).
- 13.5 In the event that we are liable due to your Cycling Holiday being not as described in the information supplied to you or on our website we will pay you reasonable compensation. However, the maximum we will pay you in any circumstances is three times the price of the Holiday. This maximum will be payable only in circumstances where every aspect of your Cycling Holiday has gone wrong and you have not received any benefit from your Cycling Holiday in any other circumstances (save in respect of death or personal injury under clause 13.4) our liability under this contract will be limited to the price of the holiday. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
- 13.6 We will not be liable to you to the extent that any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to a third party who is unconnected to the Cycling Holiday and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
- 13.7 If any international convention applies to or governs any of the services or facilities included in your Cycling Holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your Cycling Holiday.
- 13.8 You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled "If You Have a Complaint".
- 13.9 Should you become ill while on your Cycling Holiday, you must, in addition to reporting your illness to your cycling guide, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your own GP, together with written authority for us to obtain a medical report from both those doctors.
- 13.10 Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Cycling Holiday.
- 13.11 If you or any member of your party suffers during your Cycling Holiday any difficulty as a result of any activity which does not form part of your contracted Cycling Holiday arrangements, we will offer you prompt assistance. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £500 per booking and is subject to you notifying us that you require such assistance within 30 days of the incident. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
- 14.1 It is our aim to provide the best Cycling Holiday possible. However, if you are not satisfied please complain as soon as possible to your cycling guide or relevant supplier and we will do everything reasonably possible to sort the problem out.
- 14.2 If you do not obtain an adequate response from your cycling guide or relevant supplier, please call our UK office to speak with a member of our team directly, who will do everything possible to assist you.
- 14.3 When you get back home, if you feel that you need to make a formal complaint, send a letter to our offices in the UK within 28 days of returning home. If you have special needs that prevent you from writing to us, then, where possible, we will accept details of your complaint over the telephone. We would point out that failure to follow the above procedures during your Holiday, and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier.
- 14.4 Any such rights will be reduced or extinguished if, had you followed the above procedures during your Holiday, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly once your Cycling Holiday is over.
- 14.5 Your right to claim compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your Cycling Holiday, prevent us from carrying out a proper investigation.
15. Conditions of Suppliers
- 15.1 Our Cycling Holidays are delivered by combining services from a number of independent suppliers. Each supplier has its own terms and conditions which also form part of your contract with us. A copy of those terms and conditions are available upon request.
16. Data Protection
- 16.1 To comply with the Data Protection Act we would like to advise you that in order to provide you with the products or services you require, the personal information you supply to us will be passed to relevant trusted partners or suppliers. This may involve sending your details to countries that do not have an equal level of privacy legislation to that in the UK. Your details may also be used for improving our customer service, analysis and occasionally, for the prevention of crime.
- 16.2 We reserve the right to use photographs, likenesses or images of participants secured or taken on any of our Cycling Holidays without remuneration in all media for bona fide promotional or marketing purposes.
Cycology Travel Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with "The Package Travel, Package Tours Regulations 1992" all passengers booking with Cycology Travel Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Cycology Travel Ltd. This insurance has been arranged by Affirma, a trading brand of MGA Cover Services Limited (registered address Farren House, The Street, Farren Court, Cowfold, West Sussex RH13 8BP, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 678541) and is underwritten by HCC International Insurance Company PLC, a subsidiary of HCC Holdings, Inc., HCC International Insurance Company PLC is authorised by the Prudential Regulation Authority (PRA) and regulated by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority. Registered in England and Wales No, 01575839. Registered Office. Walsingham House, 35 Seething Lane, London, EC3N 4AH. Financial Services Register number 202655.
In the unlikely event of Insolvency you must Inform Claims Settlement Agencies immediately on +44 (0) 1702 427 239 or at submitclaim.co.uk/TDC15. You can also write to them by email [email protected]l.co.uk or by post at 308-314 London Road, Hadleigh, Benfleet, Essex, SS7 2DD. Please ensure you retain this booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
Cycology Travel Ltd is a Member of ABTA with membership number Y6367.
ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. You can also access the European Commission Online Dispute (ODR) Resolution platform. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or visit www.abta.com.