TERMS & CONDITIONS
- Your contract is with The Slow Cyclist Ltd (Company registration number 9326033) whose registered office is at Foxbury, Upton Estate, Banbury, OX15 6HT. The Slow Cyclist Ltd. are hereinafter referred to as ‘the Company,’ ‘we,’ or ‘us’ in respect of these Terms and Conditions, which apply to all of the scheduled products in our brochures and on our website, and to all our holiday package products.
- For the purposes of these Terms & Conditions The Client or ‘you’ is any individual joining a trip including a paying customer, whether that be the head of a private group or an individual joining a group tour. As a paying customer in a private group you confirm that you have authority to book on behalf of all other people within your group, for whom you will be responsible in accordance with these Terms and Conditions.
B. The Booking Form And Payment
- All bookings are made and accepted in accordance with ‘The Contract.’ The Contract comprises: a) These Terms and Conditions, b) If relevant, the brochure or itinerary for the tour on which you have booked c) the booking form and d) any correspondence between us relating to the trip, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client. Where there is a discrepancy, these Terms and Conditions will prevail.
- To make a booking for a tour with us, you must be 18 years old.
- The price for Scheduled trips is as stated on our website.
- The price for Private and tailor-made trips will be as quoted to you. The price per person depends on the numbers of guests and typically we will quote a price per person based on different guest numbers, on a sliding scale, although we don’t provide prices for all permutations of guest numbers. Generally speaking, the higher the number of guests, the lower the price per person. If you have committed to a certain group headcount and we have priced on that basis but some of the guests subsequently drop out then the price per person for remaining guests will change to such higher amount as stated by us in our quote or brochure, per the sliding scale or (if we did not quote for the revised headcount) for such other amount as we determine.
- The Contract is held between the person paying for the trip and the Company. By paying a deposit you are creating a contract between you – and your travelling companions – and the Company. Failure to pay (or at least provide proof of payment) within 24 hours of submitting the booking form could result in the cancellation of the Client’s booking. This decision is at the Company’s discretion. The balance payment is due no less than 8 weeks before the Departure Date. If the booking is made less than 8 weeks before the Departure Date the Client must pay the tour price in full when booking.
- For private and tailor-made itineraries we require a non-refundable Holding Deposit equal to 30% of one person in order to hold dates and begin designing your journey. Once all elements of the itinerary are agreed a non-refundable 30% Confirmation Deposit shall be due from all parties on the trip. When payment is received and confirmation is given to the Client, the Contract is in place.
- In the case of international payments the Client will ensure that the full GBP Sterling amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.
- Payment is required via direct bank transfer. We do not accept debit or credit card payments for holidays.
- Please make sure you have the permission of your travelling companions before inputting their details into the Company’s online booking form. Likewise, by providing us with their contact and other personal details, you agree that we may contact them in relation to their holiday with The Slow Cyclist.
- We reserve the right for whatsoever reason to return payment to you and refuse acceptance of your booking at any time.
C. Failure to Pay the Balance of Payment when Due
- If the balance of the monies due from the Client to the Company is not paid 8 weeks prior to departure, we retain the right to treat the Contract as cancelled by the Client and retain all deposits.
D. Date of Departure
- The Date of Departure is the date of commencement of the tour
E. Passports, Visas and Health Matters
- Medical vaccinations, passports, visas etc. are not the responsibility of the Company, but the Client. Where required, you must arrange them yourselves prior to departure. We take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your tour. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the trip.
- You must ensure you are medically fit to travel and participate in the tour. We accept no responsibility for any losses you incur or any element of the tour that you are unable to participate in, on account of your health or fitness. It is your responsibility to ensure that you research your intended destination(s) and activities to determine whether you are able to participate and that you are at the required fitness level to undertake the tour.
F. Amendments & Cancellations by The Client
- If after you have paid your Confirmation Deposit you wish to change your itinerary, we will try to make these changes, but it may not always be possible. Any request for changes to be made must be from the person who made the booking. We may change the price depending on the changes. Confirmation of any changes is subject to payment of any additional price. You may also be asked to pay an administration charge of £20.00 per person.
- Your tour is subject to cancellation penalties depending on how late you cancel in writing to us. If you cancel your tour, the following fees will apply: 60 days or more prior to departure – loss of all deposits; 59-46 days before departure – loss of 50% of tour price; 45-30 days before departure – loss of 70% of tour price; less than 30 days – loss of 100% of tour price.
- Refunds under 2. above do not include the cost of gorilla or monkey permits in Rwanda or Uganda. Once the Client has paid the Company for the cost of a permit and the Company has purchased the permit on behalf of the Client, the cost is not refundable. If the Client cancels a tour before departure and the Company has not yet purchased the permit at the time of cancellation, the cost will be refunded to the Client (less an administration fee of £20). However it is entirely at the discretion of the Company as to when the permit purchase is made. If, once on the tour, the Client does not participate in a paid-for gorilla or monkey trek, the cost shall not be refunded. If the Client wishes to discuss any aspects of the gorilla or monkey treks and costs, we would be happy to do so.
G. Amendments & Cancellations by The Company
- All our trips are personally researched by us and carefully planned. As conditions change though we may find improvements to our itineraries that will benefit everyone. We may also have to alter an itinerary due to unforeseen circumstances. We will always seek to maintain our high standards.
- Occasionally changes may occur without prior notice for reasons over which we have no control. The Company reserves the right to make changes without prior notice at any time, both before and during the tour. It is agreed that a published itinerary constitutes only an indication of what the tour plans to accomplish and is not to constitute a contractual obligation on the part of the Company.
- The Client agrees that the nature of the tours offered by the Company require a degree of flexibility and that the contents and timings of the tour (including the arrival time at the tour’s destination, changes in route or method of transport) may be materially and consequentially affected as a result of ‘force majeure’, weather, local political conditions, man-made or natural disasters (including landslides, earthquakes and severe flooding), entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. You agree to accept this flexibility and to accept that we cannot be held responsible for delays, alterations or cancellations in the schedule, or for expenses incurred as the result of any delay, alterations or cancellation arising from any such circumstances over which we have no control.
- When a major change becomes necessary before the tour departure, notification of such alterations will be sent to the Client’s last known address (email or postal) as soon as the Company becomes aware. The Company will in its sole and absolute discretion (acting reasonably) decide what constitutes a major change of itinerary, and the Client agrees to accept the same.
- If a major change to an itinerary is necessary prior to commencement of the tour – including a date change or cancellation – the Client will have the choice of either accepting the change of arrangements, taking another available tour from the Company, or cancelling the tour and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Company, and provided they do so within 14 days of notification.
- The Company reserves the right to alter itineraries after departure, without refund, if it is believed by the Company to be in the interest of the Client to do so. If an itinerary has to be changed during a tour, the Company will decide the new itinerary. The Company should in its sole and absolute discretion decide what constitutes a major change of itinerary (and the Client agrees to accept the same). Should a Client choose not to participate in the revised itinerary and cancel the tour, reasonable help will be given to facilitate their return to the place of origin of travel, but no refund or compensation will be payable in respect of any unused hotel accommodation or any other services on a tour.
- Be aware that wherever specific amenities or activities are mentioned in itineraries, including Tailor-Made Itineraries, they are offered subject to availability and may therefore be subject to change. This includes hotel and other accommodation, specific meals, guides and other activities. We will always try to inform the Client of any changes to all itineraries.
- The Company retains the right to change or cancel your tour entirely in extreme circumstances, for example if your safety or the quality of the trip, in our opinion, is deemed to be compromised. If we cancel your trip, we will reimburse all monies that we can retrieve from our suppliers. However we cannot be held responsible for losses you may incur with third parties, such as airlines or hotels. For this reason we strongly recommend that you obtain suitable insurance.
- In the event of cancellation of a Scheduled trip caused by a group not reaching minimum numbers (an amount which will be determined by The Company), then the Company shall notify the Client not less than 8 weeks prior to departure that the minimum numbers have not enrolled and the tour is cancelled, in which case we will, if possible, offer you an alternative tour of an equivalent or lesser price. If this is not acceptable, all payments made to the Company in respect of the tour shall be reimbursed.
H. Foreign and Commonwealth Office Advice
- The Client acknowledges that they are responsible for making themselves aware through Foreign Office advice, State Department warnings and any other sources available to them, about the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
- Whilst we will do our best to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not the Company, to know what the FCO travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. The Company accepts no liability if the Client a) chooses to cancel a booking because of FCO advice or b) is not adequately insured to travel.
- Your tour price may be subject to surcharge in respect of currency exchange rate movements. However, there will be no price changes levied within 30 days of your departure date. In the unlikely event that we do need to make a surcharge, we will absorb the equivalent of 2% of the holiday price (the holiday price is the amount quoted to you at the time of booking and will include any surcharges known to exist at that time) excluding any amendment charges. Only amounts in excess of this 2% will be passed on to you. If this means you paying more than 10% extra on the tour price, you will be entitled to cancel with a full refund of all monies paid except for any amendment charges. Should you decide to cancel because of this, you must exercise your right to do so in writing within 14 days of being notified of the surcharge.
J. Transfer of Booking by the Client
- Any transfer made by the Client later than 90 days prior to departure will be subject to the Company’s discretion and subject to a £50 administration fee and any additional costs incurred by the Company in respect of that change. If for any reason the Company deems that transfer unfeasible, then conditions relating to cancellation by the Client apply.
- Where the Client is prevented from proceeding with the tour, the Client may transfer the booking to a person who satisfies all the conditions applicable to the tour, having first given the Company notice as soon as possible of their intention. The Transferee will sign a new Booking form, and pay the transfer fee as defined in this Clause. The Transferee signing the booking form also agrees to be bound by these Terms and Conditions.
- The Client and the Transferee shall then be jointly and severally liable to the Company for payment of the balance and for any additional costs arising from such transfer.
K. Company and Client Responsibility
- You acknowledge that (i) your trip (which includes any extensions and services) with the Company (which includes any affiliates or suppliers) goes to places, sometimes remote, where facilities, infrastructure, and safety and other standards may not be sophisticated and may be different from those in your country (for example safety belts may not be available in vehicles and fire escapes may not be present in buildings) and where there may be problems with forces of nature, terrorism, civil unrest, war and accidents (ii) trips involve physical activity that can be demanding depending on the condition of the traveller and the risk of serious personal injury including permanent disability and death from accident, illness or the actions of other persons (iii) medical facilities and services may not be easily accessible and may not be sophisticated (iv) there are risks associated with trips such as theft or loss of or damage to property (v) that some of the services provided in connection with trips are obtained from independent suppliers over whom the Company has no control and (v) you may make use of certain equipment belonging to and maintained by the Company including bicycle(s), electric bicycle(s) and related equipment, helmets and other safety equipment (“Equipment”) and that although the Company endeavours to maintain the Equipment in good working order, breakdowns and failures of the Equipment can and will occur due to normal wear and tear, road conditions including abnormal road conditions and ordinary use.
- You understand and have carefully considered the risks involved in taking a trip of this nature and your use of the Equipment. You accept those risks and assume full responsibility for any loss, injury, damage to people and property, inconvenience and discomfort to you, your family or your dependants arising in connection with your participation, or the participation of members of your family, in the trip. You accept any risks associated with altitude, illness, disease and physical exertion knowing that access to evacuation and/or suitable medical supplies and support may not always be available and is likely to take a considerable amount of time. You have your own insurance appropriate to our needs in respect of such loss, injury or damage.
- You accept that although the Company endeavours to choose appropriate suppliers to provide services on the trip, the Company has no right to control their operations and therefore makes travel arrangements for the trip on the condition that the Company will not be liable for any negligent or wilful act or omission of any independent supplier, or any other unrelated third party.
- You acknowledge that the cost of the trip is based on your agreement to these Terms & Conditions. In consideration for the Company accepting you on this trip and allowing your use of the Equipment you agree that you will not sue the Company, in respect of, and you hereby forever release the Company from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the trip or your use of the Equipment —including without limitation permanent disability or death; any emotional distress; any loss of services, financial support, aid consortium or companionship; and any damage to or loss of property—in each case, even if caused, in whole or in part, by the conduct, including the negligence, of the Company; except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of the Company.
- The Company does not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the improper performance of the tour arrangements was either the Client’s fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care had been exercised. Where the Client does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same conditions shall apply.
- The Client understands and accepts the potential risks and hazards that can be involved in tours of the kind provided including injury, loss or damage to property, discomfort and inconvenience. The Client also accepts that they may travel to remote areas where possible problems may include forces of nature, terrorism, civil unrest, war and accidents. The Client also accepts any risks associated with altitude, illness, disease and physical exertion knowing that access to evacuation and/or suitable medical supplies and support may not always be available and is likely to take a considerable amount of time.
L. Limitation of Liability
- Our responsibility does not start until you meet the group at the designated start point overseas; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point.
M. Travel Insurance
- Everyone who books a tour through us must take out sufficient insurance to cover the loss or damage of baggage, all equipment (including, but not limited to, bicycles, helmets and electronic equipment such as personal navigation devices whether hired or otherwise). Insurance should also cover medical expenses and any repatriation costs if you become too ill to continue with your tour.
- The Company recommends that you purchase insurance specifically designed to cover the type of tours that we offer and to the specific destinations you will be travelling to. Any claims associated with matters for which you are insured must be directed to your insurers. It is your responsibility to ensure you arrive at the start of the tour within a reasonable time to commence the start of the journey, as we cannot refund you outside the terms of our Terms and Conditions. We do not include international flights in our packages and so if you have booked flights independently, we advise that you arrange insurance to cover any costs incurred if we are forced to cancel or change your tour or if your airline cancels your flight and you are unable to make it to the start of your tour.
- The Client’s insurance cover should extend for the planned duration of the tour and at least an additional day.
N. Financial Protection
- The Slow Cyclist is a member of The Travel Vault (Policy Number ATTCMGA/FFI/132 2017), ensuring 100% financial protection for all our clients.
- The Slow Cyclist 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 The Slow Cyclist 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 The Slow Cyclist. This insurance has been arranged with Affirma a trading brand of MGA Cover Services Limited (registered address Farren House The Street, Farren Court Cowfold West Sussex RH 13 8BP, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 678541) under a binding authority with the insurer CBL Insurance Europe Limited (registered address 2nd Floor 13-17 Dawson Street Dublin 2 Ireland, who are authorized and regulated by the Financial Conduct Authority registration number 203120). In the unlikely event of insolvency, you must inform Affirma (MGA Cover Services Limited) immediately on +44 (0) 20 3540 4422. Please ensure you retain your booking confirmation form as evidence of cover and value.
- Policy exclusions: the policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond.
- We will always endeavour to resolve a complaint as it arises. In order to do this we need to be made aware of the complaint. The Client agrees to the following procedure:
- The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated in writing to the Company’s Tour Leader. The Company and the Client will then make prompt efforts to resolve the complaint.
- The Client agrees to give written details of any unresolved serious complaint to the Tour Leader.
- In the event that the complaint remains unresolved then the client agrees to set out their complaint in writing to the Company within 7 days of completion of the tour.
- The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Company’s discretion, exclude any rights arising out of the Contract.
- The Client agrees that the Company, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes without any remuneration to the Client. The Client agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used to the Company.
- The Client, and all members of the group, agree to allow the Company to contact them by email to let them know our latest news and any offers.
Q. General Conditions
- No person, save with the expressed permission in writing of a Director of The Slow Cyclist Ltd, has the authority or is empowered to waive or vary any of the Contract.
- The invalidity or illegality of any clause within these Terms and Conditions shall not affect the continuation in force of the remainder of these terms.
- The Contract shall be construed in accordance with English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts to settle any disputes, which may arise out of or in connection with the Contract.