Terms and conditions
1. Making Your Booking & Contract
In order to make your booking, the booking form must be completed by the party leader (‘the Client’) who must be over the age of eighteen. A signed copy of the booking form must be send by email.
On completion of this form the Client confirms that all members of the party agree to bide by the Terms and Conditions set out in this document. A Contract will exist between the client and Bike Valley Scotland as soon as the confirmation has been issued.
When completing the booking form, the Client is required to provide full details which truly reflect the personal information and riding ability of all members of the party.
On completion of the booking form the Client declares that the information provided is accurate.
In order to secure your booking, a deposit of 30% of the total holiday price must be paid within ten days of making your provisional booking. We must receive the balance including any additional costs no later than eight weeks before departure. If full payment is not received on the due date we reserve the right to treat the booking as cancelled and, therefore, apply cancellation charges as set out in clause 7 below. Should you make your booking within eight weeks of departure then the full cost of the holiday will be due immediately.
3. The Cost of Your Holiday Arrangements
Bike Valley Scotland reserve the right to increase the price of your holiday in the event of exceptional cost increases which are out of our control. In the event of this occurring, we will absorb an amount equivalent to 2 % of the holiday price excluding any charges for alterations requested by you. Only amounts in excess of 2% will be surcharged. If this equates to more than 10% of your holiday price, you will automatically be entitled to cancel your holiday with the payment of a full refund of all money paid excluding alteration charges. Exceptional cost increases will include increases in transportation costs including fuel, taxes, (including VAT), currency fluctuations or other fees payable for services such as guiding or uplift.
All itineraries clearly state what is included and excluded in the price of each holiday. Upon completing a booking form, the Client agrees to the itinerary and the price of the holiday. At Bike Valley Scotland we calculate our prices including the cost of our professional advice and the necessary bonding and insurances that means that your holiday payment is safe.
4. Cancellation by Bike Valley Scotland
In the unlikely event that we have to cancel your riding holiday for reasons other than
a) Fault of the client
b) Force majeure
c) Insufficient numbers to proceed with package
we will endeavour to offer you an alternative holiday of at least comparable standard if available.
5. Alterations & Changes by Bike Valley Scotland
Bike Valley Scotland does the very best to ensure the biking holidays are provided as booked.
However, our holidays and itineraries are planned months in advance of promotion and, therefore, are occasionally subject to changes. In the unlikely event that a ‘significant’ change is made, then subject to clause 6 below you will be given the option (to be exercised by giving notice to us in writing within 14 days of notification of a significant change) of
a) accepting the change; or
b) cancelling your holiday, whereupon you will receive a full refund.
A ‘significant’ change is a change in dates, a lower standard of accommodation or a change to the whole or significant proportion of the riding programme.
Please note that we do not accept responsibility under any circumstances for flights booked by clients.
6. Force Majeure
Bike Valley Scotland regrets that we cannot offer refunds or compensation in the event of cancellation or alterations as a result of force majeure. Force majeure is defined as war, threat of war, riot, civil strife, industrial dispute, strike, lock-out, government action, terrorist activity, natural or nuclear disaster, fire, flood and adverse weather conditions.
7. Cancellation by You
Bookings may be cancelled at any time prior to the departure date by written notification by the Client. The cancellation date will be taken as the date that written confirmation is received by Bike Valley Scotland. For this reason, Bike Valley Scotland recommend recorded delivery. Cancellation charges are expressed as a percentage of the total holiday price and are payable to Bike Valley Scotland. Cancellation charges are as follows:
a) 36 days or less before departure 100% cancellation charge
b) 36 – 56 days before departure 50% cancellation charge
c) The deposit payment of 30% is non-refundable after a holiday has been confirmed by us.
8. Alterations & Changes by You
Should you wish to make changes to your holiday after confirmation, Bike Valley Scotland will use our best endeavours to make the requested alterations, although we provide no guarantee that this will be possible.
An administration charge of £25 per person may be implemented at the discretion of Bike Valley Scotland on each occasion when an alteration is made at your request.
Further, all additional costs incurred by either Bike Valley Scotland or our suppliers are payable by the client. Specifically if extra services are contracted by you during your holiday you will be charged for these services.
In completing the booking form, the Client and all members of the party accept that mountain biking is classed as a high-risk sport. Whilst riding with your guide, you must comply at all times with their instructions.
Bike Valley Scotland requires that the Client and all members of the party wear suitable safety equipment including helmets and where appropriate other protective gear.
We accept responsibility for ensuring that all parts of our contract are properly performed except where failure or improper performance is due to:
a) your own acts or omissions.
b) the acts or omissions of a third party not connected with the provision of your arrangements and which are unforeseeable or unavoidable.
c) Any event which either we or the suppliers of the services in question could not have foreseen or forestalled even with all due care.
d) Force majeure
Although Bike Valley Scotland will honour our contract with you in accordance with the above exceptions, it should be noted that accommodation, transport and other services we arrange on your behalf belong to and are managed by independent suppliers for whom we act as an agent and, therefore, we do not have direct control over these components.
Bike Valley Scotland’ liability is limited as follows:
Liability other than for death and personal injury is limited to such amount as is reasonable taking into account the cost of the holiday booked with us and the extent to which your enjoyment of the holiday has been affected but (without prejudice to that) will not in any event exceed twice the cost of the holiday booked for the person affected (excluding any alteration charges). In the case of lost and/or damaged luggage or personal possessions (including money), our liability is limited to £25 per person as you are assumed to have taken out adequate insurance at the time of booking.
Bike Valley Scotland will not have any liability to you for any damage, loss, expense or other sums of any description which
a) 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.
b) did not result from any breach of contract or other fault by us or our employees or, where we are responsible for them, our suppliers.
Additionally Bike Valley Scotland will not have any liability to you for any business losses.
In all cases, the liability of Bike Valley Scotland in relation to any service is limited or excluded in accordance with the provisions of all international conventions relating to the provision of such services as if Bike Valley Scotland was a supplier of the services in question, for the purpose of the relevant convention.
10. Travel Documents & Arrangements
Bike Valley Scotland will use our best endeavours to provide assistance in finding and booking suitable travel for your holiday. However, with the exception of airport transfers included in the price of the itinerary, Bike Valley Scotland is not responsible for travel arrangements to and from your country of destination. It is your responsibility to ensure that you have all the necessary documentation for your holiday and Bike Valley Scotland will not have any responsibility or liability towards you for any failure on your part to comply with requirements current at the time of your departure or any losses or costs incurred by reason of any omission on your part.
Bike Valley Scotland will not offer any assistance in the event of a delay at your outward or homeward points of departure. Please refer to your carrier for assistance.
On completing the booking form, the Client accepts responsibility for loss and / or damage caused by the Client or any member of the party. Full payment for any such loss or damage must be paid directly to the appropriate party immediately. If you fail to do so you must indemnify us against any claims including legal costs subsequently made as a result of your acts or omissions.
We expect all clients to behave with consideration to other people. If, in our opinion, or in the opinion of any other person in authority, the Client or any member of the party behaves in such a way to cause or be likely to cause distress, danger, or annoyance to any third party or damage to property, we reserve the right to terminate the holiday arrangements of that person without notice. In this situation, our responsibility towards that person will immediately cease and we will not be responsible for meeting any costs or expenses that that person may incur as a result. We will not make any refunds or pay any compensation.
13. Special Request or Medical Problems
Although Bike Valley Scotland will use our best endeavours to forward any reasonable requests on to the relevant supplier, we regret we cannot promise that any request will be complied with unless we have expressly confirmed this to the Client in writing. Confirmation that a special request has been noted or passed onto a supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until expressly confirmed in writing, all special requests are subject to availability.
If you have a complaint or are unhappy about any aspect of your trip, you must immediately inform the instructor, guide or accommodation provider so that they can endeavour to put it right. If the matter cannot be resolved locally to your satisfaction and you wish to make a complaint you must contact Bike Valley Scotland by telephone (we will accept reverse charge calls) at that time so that we may try and resolve the situation.
If you are still not satisfied, you are required to notify us in writing, within 14 days of your holiday giving full details of the complaint. We will acknowledge receipt of your letter within 14 days and then begin any investigation we feel is necessary. After a further period of up to 21 days we will contact you with the outcome of our investigation. If you do not comply with this requirement, we will not accept any responsibility for the matter giving rise to your grievance, having been unable to put it right immediately or to investigate it at the relevant time. It should also be noted that the complaint must be made by the customer who travelled and not by a third party.
Please note that we work in partnership with our guides and accommodation so any complaints must be discussed first-hand with them. We will not be able to enter into correspondence if issues have not been brought to the notice at the time of the complaint arising.
Transfers are included in the price of your holiday. Transfers will be provided by specialised service providers with whom we make arrangements with. It may sometimes be necessary to combine, on certain transfers, clients arriving or departing on more than one flight, which may require additional waiting time at the airport.
16. Weather Conditions
We cannot be responsible for any loss, delay, cost or the enjoyment of your holiday due to weather conditions. No refunds can be made if weather conditions are unfavourable.
16. Data Protection Policy GDPR
So that we may process your booking and ensure your travel arrangements run smoothly, we need to use the information you provide such as name, address, riding experience and any specific requirements.
We take full responsibility for ensuring proper security measures are in place to protect your booking.
We will not pass your details onto third parties not connected with your holiday. It is necessary to pass information provided by you onto the relevant suppliers. The information may also be received by security or credit checking companies, public authorities such as customs, immigration, if required by them or as required by law. Unless informed otherwise by you, we may use your information to provide you with future offers and information.
17. Financial Security
We comply with the EEC Package Travel Directive 1992. Your deposit and full payment is held in a separate bank account until your holiday has been completed.
Travel Insurance is mandatory for all clients travelling on these holidays and customers must demonstrate that they have adequate cover.for mountain biking,