Etiquette Cycling Terms and Conditions

Etiquette Cycling CB, NIF E30924443, Mar Menor Golf Resort, Murcia, 30700

These Terms & Conditions, form the basis of your contract with Etiquette Cycling. By acknowledging these terms and conditions you acknowledge that you have read and accept the contents. Where a lead customer makes a booking on behalf of a group they acknowledge that:

• They have the authority to act on behalf of the group.

• The whole group are bound by these Terms & Conditions.

Bike Hire

Reservation/Payment

Interim Covid Measure: During the Covid Pandemic we are offering the option for clients to reserve their bike hire and defer paying the 25% deposit until 30 days before their bike hire period commences.

A 25% deposit will secure your booking with the balance due on, or before, delivery (bank transfer, cash or credit card).

For security purposes, we’ll take a copy of photo ID and we’ll require a credit card holding deposit for each bike (€200 for Performance Bikes, €50 for Explorer Bikes).

The holding deposit will be refunded once the bike, and all accessories, have been returned and inspected.

Minimum Bike Hire Rental Periods

Minimum rental period of 3 days

Maximum rental period of 7 days

Cancellations

A handling fee of 25% of your total bike hire booking fee, will be charged on all cancellations where the request to cancel is made less than 30 days prior to the first day of your hire period.

If cancellation is due to injury or travel curtailment by factors outside of your control (including Covid travel restrictions) you may transfer your booking to another suitable date subject to bike availability.

Refunds will not be made in the event of acts-of-god [Force Majeure].

Delivery & Collection

Etiquette Cycling offers a free delivery and collection within the local area 7 days a week between 9am & 7pm.

Insurance

You will require your own insurance cover for personal injury.

Etiquette Cycling are not responsible for injury or damages caused to/by the client during the hire period.

Theft and damage caused to any cycle will be charged to the hirer. This cost will amount to the loss incurred to Etiquette Cycling, and not the retail value of any cycle part or frame.  Etiquette Cycling accept general wear and tear during each hire.

Road Safety

The use of helmets are obligatory in Spain. If a helmet is not worn it may affect any claim you may need to make in case of an accident.

Condition of Hire Cycles

All cycles are checked before each hire by a qualified mechanic who ensures each bike is in a roadworthy condition.

During the hire period you are responsible for safety checking your bike each day before riding it.

Please report to our mechanics anything you’re unsure about before riding it as soon as possible.

In the event that the fault is caused by the actions of the client:

We may withhold all or part of the holding deposit

We cannot guarantee to repair or replace the bike during the rental period

No refund will be given for periods where the bike is unuseable

Acceptance of Bike Hire Terms & Conditions

By completing the reservation, you are accepting the terms and conditions of hire.

Guided Rides

In consideration of Etiquette Cycling arranging for me to take part in a guided bike ride (ride) I understand and agree that:

I am required to comply with all statutory and legal requirements when participating in the ride, including but not limited to all road traffic laws.

I am physically capable of taking part and have no medical condition which would affect my participation in the ride.

I confirm that I am competent enough to participate in Etiquette Cycling's ride.

I am solely responsible for my possessions. Etiquette Cycling accepts no risk for any damage to, or loss of, my property whilst taking part in the ride.

If using my own bike I am responsible for the condition and maintenance of the bike I use on the ride.

Any medical or legal assistance which I require on the ride will be arranged by Etiquette Cycling on my behalf and will be provided at my expense and risk.

I will provide emergency contact details and authorise Etiquette Cycling to contact that person in the event of an emergency.

Cycling is a physically strenuous activity and there are risks and dangers inherent in taking part in the ride. These include the risk of injury and death and loss of or damage to my property. I accept full responsibility for these risks and I agree that Etiquette Cycling and its employees are released from any liability resulting from my injury or death or any loss of or damage to my property incurred during the ride.

Bike Camps/Tours

Age Restrictions

The minimum age to attend any of our Camps or Tours is 18.

Accuracy

We endeavour to ensure that all the information and prices are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances.

Fitness to Participate

You must be adequately fit to cover the distances and undertake the program set out in your itinerary. If it is felt that any client is not sufficiently fit, healthy, properly equipped or able to complete the tour without affecting its safety, comfort or progress, the tour leader at any stage has the right to remove you from the tour.

Passport, Visa and Immigration Requirements and Health Formalities

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities.

Pricing

All of our products are priced and charged in Euros. A representative price for alternative currencies can be seen by changing the currency setting in the menu bar. The exchange rate used to calculate the representative price will be reviewed on a monthly basis

Booking Confirmation

A booking is made with us once:

• You have paid the deposit.

• You have acknowledged the Terms & Conditions.

• You have provided the details of all persons travelling.

• We have issued a booking confirmation.

Any errors identified in the booking confirmation should be notified within 10 days After this period any amendment will be treated as a change,

Payment

In order to secure your booking a deposit of 15% is payable.

The balance will be due not less than 60 days prior to arrival.

If we do not receive the balance in full and on time, we reserve the right to treat your booking as cancelled incurring the relevant cancellation charges.

Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

Insurance

Adequate travel insurance is a compulsory condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, medical expenses and repatriation in the event of accident or illness and existing medical conditions. Your insurance must also cover you to undertake cycling activities and the associated risks. If you choose to travel without adequate insurance cover, we will not be liable for any losses arising.

Jurisdiction and applicable law

These Booking Conditions and any agreement to which they apply are governed in all respects by European/Spanish law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Europe & Spain only.

Cutting your holiday short

If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

Changes by You

If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of 50 Euros per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling:

It may be possible to transfer your booking to another suitable person provided that written notice is given

It may be possible to transfer your booking to another suitable camp or tour (subject to availability)

If you Cancel

If you or any other member of your party decides to cancel your confirmed booking you must notify us ASAP. Your notice of cancellation will only take effect when it is received by us and will be effective from the date on which we receive it. Since we will incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below:

More than 30 days prior to departure » Deposit

Between 8 and 30 days prior to departure » 50%

7 days or less prior to departure » 100%

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 7 days before departure and you pay an amendment fee of 50 Euros per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

If We Change or Cancel

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date.

We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of four clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.

Examples of “minor changes” include the following when made before departure:

• A change of accommodation to another of the same standard or classification.

• A reduction in the number of guides/support if the minimum number of four clients, for a given activity, is not achieved.

In exceptional circumstances we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure;

• A change of accommodation area for the whole or a significant part of your time away.

• A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away..

• A significant change to your itinerary, missing out one or more destination entirely.

If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

• accepting the changed arrangements.

• having a refund of all monies paid.

• accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

Disabilities and Medical Problems

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your participation in the tour, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen tour. In certain circumstances, we may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

It is a condition of joining a tour that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.

Risks

Cycling and cycling tours are not without risks. You must be adequately fit and of an adequate proficiency (indicated in accordance with the general tour information applicable to your tour) to undertake the itinerary set out in the cycling tour you have chosen. Your booking is accepted on the understanding that you realise the hazards involved in cycling and cycling tours. You acknowledge that by the very nature of the activities you are exposed to an element of personal risk and that the activities are of a potentially hazardous and unpredictable nature above those associated with conventional holidays. You therefore accept and consent to the risks inherent in the implementation of this contract and accept as reasonable the limitations of Etiquette Cycling’s responsibility as set out in these terms and conditions. You will be required to read and sign an ‘Acknowledgment of Responsibility & Liability’ form prior to commencing your tour. This will then form part of your contract with Etiquette Cycling.

Complaints

We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and your tour leader immediately who will endeavour to put things right. If the problem cannot be resolved and you wish to complain further, you must send formal notice of your complaint to us within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

Your Behaviour

All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of your tour leader, any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to the tour or other transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave the tour immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

Our Responsibilities

We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

• The act(s) and/or omission(s) of the person(s) affected.

• The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable.

• Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised.

• An event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

We limit the amount of compensation we may have to pay you if we are found liable under this clause:

• Loss of and/or damage to any luggage or personal possessions and money,

• The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

• Claims not falling under (a) above and which don’t involve injury, illness or death

• The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

We cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

General Data Protection Regulations (GDPR)

Etiquette Cycling will store and process your personal data in order to provide the services that you have contracted with us:

• The data will only be passed to third parties where required to provide the aforementioned services.

Where you give us permission we may contact you in order to inform you about products and services that may be of interest to you.

• You may contact us at any time revoke this permission.

• We will never pass your details to a third party for marketing purposes.

We will produce digital images recording the activities taking place on our Camps and Tours. These images may be used on our website, social media platforms and within our digital record of each Camp and Tour.

• We will never identify you by name in such images

• You have the right to not appear within the images if you so wish.

You have the right to access the personal data which we hold on you.

You have the right to request that your personal data is deleted.

All GDPR requests should be directed to chrisandsimon@etiquettecycling.cc

Updated 23 April 2021