Terms & Conditions
DEFINITIONS IN THESE TERMS AND CONDITIONS
[1] The Company means Kevin Turner trading as Go MTB Kids , Wessexgrvl.cc , Wessex Gravel Adventures or Freedom2ride.cc
[2] The customer means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employees, servants, agents or sub-contractors of any such person, firm company or other legal entity.
[3] Service means any course, accommodation or facility offered by the company.
[4] Contract means a contract between the company and the customer for the provision of products or services.
[5] Statutory Interest means statutory interest for the Late Payment of Commercial Debts (Interest) Act 1998.
[6] Terms and Conditions means these terms and conditions of provision.
APPLICABILITY OF TERMS AND CONDITIONS
[7] These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the company.
BOOKING CONDITIONS
[8] The contract shall be formed when the company acknowledges acceptance of the customer’s booking form and required payment.
[9] Participation in adventurous activities entails some risk of injury. All staff employed by the company are trained and appropriately qualified to run activity sessions and will at all times proceed in a manner to limit the risk of injury. However, customers need to accept that accidents and injuries can happen.
[10] A detailed kit list will be sent to you upon receipt of your deposit/full payment, and meeting instructions and final trip arrangements will be sent to you two weeks prior to your trip start date.
It is essential that you either provide all equipment detailed or select to hire the equipment from the company. The client is responsible for providing correct contact information including email and mobile phone number. Any failure in services resulting from us having incorrect contact information will be deemed to be the fault of the client and no compensation will be available. Booking forms must be sent back to us within seven days of any provisional booking.
The customer is responsible for the safekeeping of all equipment issued for use including hire equipment during the activity/course. With the exception of fair wear and tear the company reserves the right to charge for equipment that has been lost, misused or not returned at the end of the course.
[11] Please note that we do not provide bikes or other cycling equipment directly as part of the tour, however, we do offer the option to hire bikes and other cycling equipment for the duration for some trips from third party companies. Please note that such hire does not form part of your arrangements with us and your contract for the hire is at all times with the third party hire company. In all circumstances, it is your responsibility to ensure you bring a suitable bike with you for participation in the tour, whether this is your own bike or one you have hired from a third party company. You accept that you are responsible for the condition and maintenance of the bike and any other such equipment you use on the tour.
If during the period of the tour the bike you have provided or hired has a mechanical failure or is damaged as a result of a crash, and is rendered un-rideable the company cannot be held liable. We will do our utmost to provide trailside assistance , be that by the accompanying guide or shadow support vehicle on supported group trips. If no easy fix can be made , the company cannot be liable and no refund will be provided if you have to leave the tour. The company will not be liable for any onward travel costs from that stage. Any Hire equipment will then need to be returned by Courier within 5 days of the tour end date, the company will not be liable for this cost. Where possible we will render assistance. Our Guided trips we are self sufficient , and we use a Remote Emergency Point of Contact (EPC) which generally will only be used for Medical Emergencies (See Section 34). We recommend that you take out adequate travel insurance to cover these costs.
Please note that whilst all reasonable efforts will be made by us to ensure the safekeeping of your bike, we cannot be held responsible for any loss or damage to your bike as a result of your participation in the tour or otherwise. We always recommend guest bikes are fully insured..
[12] All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the company.
[13] The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.
[14] Neither the company website nor literature constitutes an offer and the company may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
[15] All information is produced in good faith that it is accurate at the time of publishing.
ALL FEES
[16] If payment is not made in accordance with these conditions, the Company reserves the right to charge statutory interest on the overdue/outstanding balance for the period from the date on which payment became due until the date on which payment is made including any period after the date of judgement or decree against the customer.
FEES – SCHEDULED AND PRIVATE COURSES
[17] For online bookings 25% of the course fee is required to reserve a place on a course. For short day rides or activities / courses 100% of the course fee is required upon booking.
[18] The whole course fee is required to reserve a place for any booking made within 6 weeks of the commencement of the course.
[19] The balance of the fee is payable 6 weeks prior to the commencement of the course. In the event that the balance is not paid the company will have the discretion to treat the booking as cancelled by the customer. The time for payment shall be the essence of the contract.
AMENDMENTS BY THE CUSTOMER
[20] Substitution of the original customer for another can be made provided the substituting customer satisfies the requirement of the course. All substitutions must be made with the consent of the company with both the substituted and substituting customer being jointly and severally liable for the total course fee as well as an administrative cost of £5.00 per course/substitution.
[21] A customer may apply, in writing, to change course or course dates as long as the original booking is more than 6 weeks from the date of the request. The new course must be one that appears on our website. An administrative charge of £5.00 is payable at the time of change. Any requests to change course or course dates within the 6-week period will be dealt with under the terms and conditions relating to cancellation by the customer.
CANCELLATIONS
[22] Deposits (where applicable) are non-refundable. You are advised to take out your own travel insurance when you book. This may allow you to recover prior payments (usually less an excess) if you have to cancel and the circumstances of your cancellation are covered by the insurance contract.)
[23] Course sizes described on the website are target sizes and may be increased or decreased at the discretion of the Company. The Company gives no undertaking as to the minimum or maximum size of a course but do undertake to ensure that Leaders, Guides, Instructors and support staff are supplied in appropriate numbers to ensure the principle objectives of the course can be achieved.
[24] The Company reserves the right to cancel any course which does not have sufficient people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, the Company will endeavour to ensure that a course runs if at all possible. If your booking is likely to be cancelled under such circumstances, the Company undertakes to inform you as soon as possible; this may occur after the balance due date but will not occur less than 6 weeks before the course start date
[25] Anyone booked onto a course which is cancelled by the Company will be entitled to a full refund or entitled to transfer to another course and no transfer fee will be payable. Should you transfer to another course any difference in price will be invoiced or credited accordingly.
[26] Similar cancellation terms are adopted throughout the travel industry and cover the costs of advance payments made by the Company, and the effect of your booking having prevented others from taking your place. Cancellation charges may be covered, in part, by your travel insurance provided the reason for cancellation falls within the terms of the policy.
CANCELLATION BY THE CUSTOMER (SCHEDULED/PRIVATE COURSES)
[27] All cancellations must be in writing and sent either by post or email. The company will acknowledge a cancellation within 5 days of receiving it. Until the customer has received confirmation the original booking remains valid.
[28] The customer will be charged on the following basis:.
25% of the total course fee where cancellation takes place less than 6 weeks but more than 4 weeks before the commencement of the course; or
50% of the total course fee where cancellation takes place less than 4 weeks but more than 2 weeks before the commencement of the course; or
100% of the total course fee where cancellation takes place within the period of 2 weeks before the commencement date of the course; or
100% of the total course fee where cancellation takes place on or after the commencement date of the course.
[29] COVID 19* Cancellations NO LONGER APPLICABLE March 2023
If any Cancellation is made by the customer is because of Covid 19 Pandemic, specifically relating to HM Government requirements for Self isolation regarding positive Track & Trace Tests / Tier structure resulting in restricted travel. We reserve the right to be request. documentary proof. In the event of cancellation customers will be offered the choice of the following options:
Full refund of the fee paid; or
Another booking on a different date
CANCELLATION BY THE COMPANY
[30] Whilst every attempt is made to ensure that courses/activities actually run, the company will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity.
[31] The company shall notify the customer of cancellation not less than five days prior to the commencement of the course where numbers as a result of either customer(s) cancellation or booked numbers have failed to reach a workable minimum.
[32] Cancellation by the company does not affect a customer’s right to a refund of travel costs that he/she may have incurred prior to the cancellation and since lost except in the circumstances set out in the clauses above.
[33] In the event of cancellation customers will be offered the choice of the following options:
Full refund of the fee paid; or
Another booking on a different date.
HEALTH & FITNESS / MEDICAL INCIDENTS
[34] Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the courses/activities customers are expected to be of good general health. The medical section on the booking form must be completed as part of the booking process. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities. The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the course.
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. 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 happy progress, the tour leader at any stage has the right to remove you from the tour. The company will not be liable for any onward travel costs and no refund will be provided.
If during the period of the tour you require medical assistance , beyond first aid as a result of a crash or any other medical incident , the company cannot be liable and no refund will be provided if you have to leave the tour. The company will not be liable for any onward travel costs from that stage, or recovery / transfer of your bike and personal possessions. Any Hire equipment will then need to be returned by Courier within 5 days of the tour end date, the company will not be liable for this cost. Where possible we will render assistance and first aid as your health and wellbeing , and that of the wider group is foremost. Our Guided trips we are self sufficient and no vehicle or shadow assistance is provided ;we use a Remote Emergency Point of Contact (EPC) which generally will only be used for Medical Emergencies for assistance and contacting next of kin. We recommend that you take out adequate travel / medical insurance to cover any costs.
DIETARY REQUIREMENTS
[35] Any special dietary requirements must be made at the time of booking. The company cannot accept responsibility for not being able to deliver special dietary needs at short notice.
SAFETY REGULATIONS
[36] Outdoor adventurous activities take place in varied natural environments where there are natural hazards and risks to manage.. Customers participating in courses are expected to comply with all safety guidance and instructions given by the Company and its staff.
UNRULY BEHAVIOUR
[37] Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
PERSONAL PROPERTY
[38] Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the company or its representatives.
COMPLAINTS
[39] If the customer encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything to the guide. Further that complaint can be made in writing or by email. Your concerns will be dealt with within 28 days of writing.
FORCE MAJEURE
[40] The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic(*), quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
*See cancellation policy regarding ongoing Covid19 Pandemic.
LIABILITY
[41] The Company will not be liable where any failure in the performance of the Contract is due to: you; or a third party unconnected with the provision of the course and where the failure is unforeseeable or unavoidable; an event listed in clause 40 or any other unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or its suppliers, even with all due care, could not foresee or forestall. The Company shall not be liable for any illness, injury or loss of life sustained on any course, except where such illness, injury or loss of life is caused by the negligence of the Company or its employees, nor will the Company be liable for any uninsured loss of personal property.
[42] For all courses, you are advised to have insurance that covers you for all of the activities.
INTELLECTUAL PROPERTY
[43] Copyright and all other intellectual property rights in the products and services shown in the company’s price lists, website and any literature shall remain at all time the property of the Company. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
PHOTOGRAPHS
[44] From time to time photographs taken on the Company’s courses may appear in the Company’s promotional material. If customers do not wish to be photographed please raise this with the guide at the time.
DATA PROTECTION
[45] The personal information requested by the Company at the time of booking plus any subsequent information is held in on paper and digitally. The information is required to assist the company, employees, agents and sub-contractors to deliver the course and in maintaining the company’s high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised company personnel. Contact details will be used to advise you of future offers by post, email, SMS or phone ONLY if you have given us your permission to do so. If you have not given us your permission to keep you up to date with what is happening at the Company we are unable to contact you for this purpose.
APPLICABLE LAW
[46] The contract will be governed by the laws of England any dispute will be dealt under the jurisdiction of the courts of England.
[47] The statutory rights of the customer are not affected by the above.
[48] When making your booking it is implied and accepted that you have read and understood all these booking conditions and agree to abide by them.
[49] The Company shall ensure that appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998 and to comply with the General Data Protection Regulation).