All holidays provided by us are subject to these booking conditions. Please take time to read these carefully before you book as they detail the terms and conditions of the agreement between us and also contain important information about your holiday and travel services provided by us. Our holidays and travel are as advertised by us on this website and in the information we send to you and the nature and type of our services and any restrictions which may apply are also detailed in this information so please take time to read all these carefully before you book.
YOUR FINANCIAL PROTECTION
When you book with us, you can be sure you are booking with a reputable company and that your money is fully protected. The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from our website and for your repatriation in the event of our insolvency.
We provide this security by way of an ATOL number 2036 administered by the Civil Aviation Authority and a bond held by ABTA. Our ABTA number is V2151
When you buy an ATOL protected air holiday package or flights from us, you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements. This booking is authorised under our ATOL number (licence number 2036) and is protected under the ATOL scheme.
All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will also be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it.
For further information about financial protection and the ATOL Certificate please go to: www.atol.org.uk/ATOLCertificate.
We or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
It is a term of this agreement that money accepted by a travel agent acting on our behalf is held by that agent on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to the ATOL holder as long as the ATOL holder does not fail.
For further information visit the ATOL website at www.atol.org.uk.
If you book arrangements other than a package holiday from us, your monies are protected by way of a bond held by ABTA. Our membership number is V2151. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract.
Further information on the Code and arbitration can be found at http://www.abta.com
THE AGREEMENT BETWEEN US
The contract between us is made on the terms of these booking conditions and the information we have supplied which are governed by English Law. If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the internet), this Agreement and any claim or dispute arising from or related to this Agreement, will be governed by English Law and the courts of England and Wales shall have exclusive jurisdiction over any claim. If you booked your holiday in Scotland or Northern Ireland the courts of these countries will have jurisdiction.
Our contract with you is deemed to be made at the offices of Tufted Duck Cycling, 3 Vencourt Place, London W6 9NU.
The type of arrangements you book will decide if your contract is with us or another supplier of travel services. Your contract will be with us if you book at least 2 or more of the following services when the services are taken together and also either a) cover a period over 24 hours or b) include overnight accommodation:
- other tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements.
We will need to be aware that you have booked more than one arrangement with us.
For all other arrangements, excluding accommodation only bookings, we are a booking agent for other suppliers and your contract will be with them. We accept no responsibility for their actions or omissions. Copies of the conditions of these suppliers are available on request and we recommend that you ask for these.
You must be at least 18 years of age to book a holiday with Tufted Duck Cycling and if you are under 18 and travelling with us, an adult must accompany you. There may be other age restrictions on certain of our offers or services and these will be detailed in these offers or the descriptions of these services.
Please be aware that if you book through a travel agent, any advice or information they may give you which is not based on advice given by us to them, is their responsibility. This includes descriptions and photographs. We cannot accept any responsibility or liability if incorrect or misleading information is given to you in these circumstances.
When you ask us or your travel agent to confirm your holiday booking you guarantee that you have the authority to book and accept on behalf of your party, the terms of this booking contract which incorporates the information, restrictions and obligations set out in our website and information we have supplied and of any terms and conditions of carriage. You accept that all this constitutes the entire agreement between us with regard to your booking and travel arrangements. No variations to these conditions shall be valid unless agreed by us in writing. You also consent to our processing personal information about you and members of your party.
Whatever the number of people in your booking, once you have confirmed your reservation, we will only deal with the lead name for the booking in all subsequent correspondence of any kind. The lead booking name is the person responsible for ensuring the accuracy of personal details supplied and for ensuring this important information is passed to all members of the booking.
The party leader is also responsible for passing on any information regarding the booking including (but not limited to) accommodation details, schedule changes and timings to members of the party and for notifying Tufted Duck Cycling of personal circumstances (such as reduced mobility or dietary requirements) of any member of the party.
It is a condition of booking with us that you (the group leader) and all others in your party, including children of any age, are adequately insured on holiday.
Your booking is accepted on the understanding that you accept the risk and hazards inherent in a cycling holiday both off road and on the road. Especially in the mountains, the weather can change with no warning or forecast and you need to be prepared for this.
There is a required to be flexible in a holiday of this kind especially at the beginning and end of the summer as weather and road conditions may vary and we may not be able to stick to an itinerary or routes.
If after departure we are unable to provide a significant proportion of the services we aimed to provide, we will act reasonably to make alternative arrangements.
If a guide is with you it is important that you abide by their instructions and their decision is final. By booking with us you agree to this.
We cannot guarantee the composition of the group in terms of age, nationality, gender, single or couples.
Any flights or other transport arrangements not purchased through us do not form part of your holiday with us. Our responsibility does not start until the time and the meeting point as detailed on your itinerary. If you fail to arrive at the appointed meeting place at the time notified, we will not be responsible for any additional expenses incurred by you to meet the group. Similarly, no refund or compensation will be paid for any unused accommodation or services as a result of your failure to meet the group/transfer.
Any information provided by us relating to clothing, kit, weather, routes, gradients and road conditions is given in good faith and must be rechecked by you prior to relying on it.
It is your responsibility to ensure that you are in good health and physically fit enough to complete your itinerary. If you are affected by any medical condition, you must advise tour insurer and if it could impact on other people’s holidays, you must advise us before booking.
In many of our destinations we are able to welcome people with restricted mobility, a disability or particular care requirements. However, we will need to be made aware before you book of your particular requirements so that we can check the facilities and make any adjustments necessary. Please call us to discuss your requirements.
Please remember that your personal belongings and this includes your bike and your helmet which you may have hired, are your own responsibility. Bikes are particularly vulnerable and you should look after them at all times. You are required to follow any safety advice given to you and this includes wearing a helmet.
Only those people named on your confirmation invoice can use the accommodation or transport (or other service) arranged by us. You are not permitted to share accommodation or transport with anyone else. All clients undertake not to damage their accommodation, and to abide by local regulations (especially in relation to noise). Clients are liable for the cost of any damage or loss and Tufted Duck Cycling shall be entitled to recover costs from the client if necessary before homebound transfer. The party leader shall be liable in the first instance for any claims against the party. You or your party may be denied boarding if you refuse to pay or to undertake a commitment to pay on your return.
We offer the facility to hire bikes at all our destinations. Please remember:
- Booking in advance is required to ensure that you have a bike. At peak times, local shops will run out.
- Bike hire is not confirmed until payment is received. Your invoice will confirm the duration of the hire agreement.
- You agree to return the bike (with all the accessories) in the same condition as you received it.
- You must ensure that you are covered by your insurance for the value of the bike you are hiring. In the event of the bike or any accessories being stolen or lost, we reserve the right to charge you for a replacement.
- You must ensure that the equipment is securely stored when not in use.
INSURANCE – IMPORTANT
It is an express condition of booking that you have adequate travel insurance offering cover for (but not limited to) delayed departure (outbound and inbound), road/mountain closure due to force majeure, medical expenses, repatriation and hired equipment. You must ensure that your insurance covers you for all the activities you undertake in. No liability will be accepted by Tufted Duck Cycling for any clients travelling without adequate insurance.
If we have not booked your flights it is your responsibility to ensure you arrive at the start of the itinerary with a reasonable time to begin your holiday. We cannot refund you if you fail to do this. If we have booked your transfer, we will have notified you of the scheduled time of departure and again it is your responsibility to be at the designated pick-up point at the time notified. You may therefore wish to extend your insurance to cover the cost of a cancelled itinerary should your own flight or other travel arrangements be delayed or cancelled.
We reserve the right to refuse to accept you as a customer or to continue dealing with you if your behaviour is disruptive or affects or threatens to affect other travellers or is threatening, disruptive or abusive towards our staff either in the UK or abroad (this includes on the telephone or in writing).
If any of those in charge of operating our holidays such as flight staff or our resort staff consider you or any of your party to be disruptive, they can refuse to allow you to proceed with your travel arrangements. If this means you are prevented from boarding your outbound flight, we will consider your booking cancelled and the appropriate cancellation charges will apply.
If this occurs abroad, you will become responsible for sourcing your own accommodation and flight home including alternative arrangements for those who will not travel without you.
In any of these circumstances no refunds will be made or compensation paid. We may also make a claim against you (and/or instigate criminal proceedings) if your behaviour has resulted in additional costs to us.
WHEN YOU BOOK WITH US
When you or your travel agent asks for your booking to be confirmed, you must send us a completed booking form and a non-refundable deposit. This booking form is an offer by you to purchase the holiday in accordance with these terms and conditions. We will do our best to meet this request and, if so, we will send (usually by email) written confirmation in the form of a Confirmation Invoice. A contract is not made until the date shown on our Confirmation Invoice or, if you book within 7 days of departure, when we accept your full payment. We aim to despatch Confirmation Invoices 2 – 3 days following receipt of your deposit/final payment and booking form/confirmation. Please contact us if you do not receive an invoice within 7 days.
As verbal descriptions and telephone conversations are subject to interpretation and cannot be proved or confirmed, we accept no liability for these. Website bookings/quotes are also subject to technical error. Therefore all telephone and website bookings and quotes are subject to our written confirmation and this is why it is important that you check your invoice as soon as you receive it
If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If there are any omissions or errors on your Confirmation Invoice please tell us (or your travel agent) immediately as items not mentioned on your invoice will not be supplied (this includes any dietary requests). If we have not heard from you within 7 days we will presume that all details are correct. Any changes you make to your booking after confirmation will incur and amendment fee and in the case of a scheduled flight this can be as much as 100% of the cost of the flight.
There may be some instances where we are not able to confirm some of our arrangements straight away (such as flights or some ground arrangements) in which case this will be indicated on your invoice. A contract for these arrangements will only be made when we have confirmed them in writing, usually by means of an additional invoice. Errors in costings are very rare. However, if there is an obvious error on your invoice we reserve the right to correct this as soon as we are aware of it.
If you wish clarification of information or to include things in your contract, please request these in writing and we will confirm our acceptance in a written confirmation.
You must provide us with all the names (and ages of children if your party includes children) of the people in your party at the time of booking. Please ensure that these are correct as per passports as airlines will charge for any subsequent changes or corrections and in some cases this can be 100% of the flight cost.
Please be aware that any monies paid in order to go ahead with a request for flights or accommodation constitutes a commitment to proceed with the booking if your request can be fulfilled. Such monies are non-refundable unless the request cannot be fulfilled.
YOUR CONTACT DETAILS
When you book with us via our website or ask that documentation (which may include e-confirmations and e-tickets) be sent to you by email, we will use the email address you have given us. We assume that this address is correct and that you check it regularly and, importantly, that you accept the risks associated with this means of communication. We cannot be held responsible if we have sent emails to you and you fail to receive them (due to a full inbox for example or spam filter). So please check you have received all documentation promised and that all the details therein are correct.
For certain departure dates we may be able to hold an option on your chosen accommodation for up to 2 days (unless otherwise specified). After this, it will be expired automatically unless you have confirmed your booking with a payment. Please be aware that an oral request or provision of an option does not give rise to contractual obligations to you or to Tufted Duck Cycling and may be cancelled by either party. We do not hold options on late availability prices or for holidays on peak dates. All options expire at the end of the final day stated.
PAYING FOR YOUR HOLIDAY
You will be required to pay a deposit per person to secure your holiday unless you book within 10 weeks of departure in which case full payment is required. The amount of the deposit will be specified at the time of booking and will vary according to your holiday arrangements. This is because some suppliers including airlines require full payment at the time of booking. In this case these amounts are non-refundable and this can be as much as 100% of the holiday price.
We reserve the right to increase or decrease these amounts and will notify you at the time of booking. Once confirmed, your booking deposit and any amendment charges are non-refundable except in the circumstances specified. Deposits may be claimable on insurance, subject to terms. All money paid to your travel agent will be held by the agent on our behalf.
We will send you a confirmation invoice detailing the remaining amount to pay for your holiday. If this is not paid at least 10 weeks before your departure, we reserve the right to make a surcharge of £10 per overdue day per booking, reduce/remove free places and then to treat your booking as cancelled. In this instance cancellation charges apply and these may be up to 100% for certain services supplied.
You are able to pay for your holiday by bank transfer – please call for details or you can find the details on your final invoice. We also accept cheque, credit card and debit card (e.g. Switch, Connect). In line with most tour operators there is a charge for use of credit cards of 2% (Visa and MasterCard), and at least 2% for all non-UK credit and debit cards (subject to related charges). An additional surcharge will be applied for use of multiple cards for a single booking (£10 per card). Dishonoured cheques will be treated as a cancellation, with relevant charges payable.
N.B - We are currently unable to accept American Express payments.
Travel documents will not be dispatched until final payment has been received.
THE PRICE YOU PAY
The prices advertised on this website and in our publicity material are guide prices as prices for certain elements of the holiday (such as flights and different types of transfers) can only be finalised once we have spoken to you and may depend on when you decide to book. This is particularly the case with flight prices which can change daily. We will be able to tell you (or your travel agent) the up-to-date price of your chosen holiday prior to confirming your booking.
Our advertised guide prices include fuel supplements charged by airlines, government emission taxes and an amount per person as part of the ATOL Protection Contribution (APC) we pay to the CAA and are correct at the time of going to press. We reserve the right to amend prices at any time should the current level of APC, government taxes or fuel charges increase.
Please bear in mind that as vegetarianism is not so widespread in Europe as it is in this country, some hotels make an additional charge for special dietary requests. So it is important you inform us of this prior to booking. Such charges start from £35pp. This can be confirmed before you book.
Once the price of your chosen holiday has been confirmed, then, subject to the correction of omissions or errors, we will only increase the price in the following circumstances: changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure.
Should these costs increase, we will absorb and you will not be charged for any increase up to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. We will only pass on an increase above this amount, plus an administration charge of £1.00 per person together with an amount to cover travel agents’ commission. These changes will be shown in an Amendment Invoice. If this means that you have to pay an increase of more than 10% of the price of your holiday price (excluding admin/credit card charges), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. The increase will be considered a Major Change and you will be entitled to the alternatives detailed in this section including the compensation stated.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your Amendment Invoice.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
The price quoted on your Amendment Invoice is guaranteed unless you change your holiday. Any increases in our costs which occur after this will be borne by us.
Please remember that promotional offers and discounts are only valid at the time of booking and cannot be applied retrospectively.
Should you instruct your debit/credit card company to ‘charge back’ any payments properly due from you in respect of your booking, we will charge you an administration fee of £10 per incident plus any associated costs. We further reserve the right to cancel your booking and take legal action against you for recovery of the outstanding money.
Our guide prices are based on the exchange rates and other costs prevailing on 14/03/15: £1 = €1.4017. Source: www.oanda.com
CANCELLATIONS AND AMENDMENTS BY US
We plan our holiday arrangements many months in advance. Therefore it is occasionally necessary to make changes to the holidays as described and we reserve the right to do this at any time. We, or your travel agent, will notify you of any changes before you book. If you have already booked we will notify you as soon as we can.
Your invoices will always show the latest planned route timings and these will be subject to change. The times on your tickets or e-tickets may also change due to circumstances beyond our control but it is important that you check these as soon as you receive them in case they differ from the estimated timings on your invoice.
Our aim is always to try and provide you with the holiday you have booked. However there may be circumstances in which we have to cancel the holiday. For example (but not exclusively):
- There are not enough people booked on the holiday (We will advise you of this no longer than 14 days prior to departure)
- Force Majeure – see details below
- If you have not paid your deposit or balance by the due date
We reserve the right to cancel your holiday in any circumstances (without any further liability to you) but if we do you will be entitled to a refund (excluding insurance premiums as this will be from a 3rd party and operates from the time of purchase), or accept an alternative holiday from us of equivalent or similar standard and price (if available). We will always refund the difference in price if the replacement holiday is of a lower price.
Most of the changes we are obliged to make are minor changes to arrangements for which no refund is due. Many of these are defined below. If we are forced to make major changes (as or similar to those defined below) we will advise you as soon as we are in a position to do so and you have a number of options (subject only to the section on Events Beyond our Control below). Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes are given below.
Minor changes: alteration of airline/flight routing, of aircraft type, of overseas arrival airport/seaport/station, of outward/return flights/travel timings by less than 12 hours, change of accommodation to another of the same or higher standard and any other change not specified as a major change (below).
Major changes: change of UK airport (excluding airports in the same region e.g. London, Gatwick, Heathrow, Luton, City Airport or Stansted and departure points London and Ashford and Ebbsfleet), resort, flight times by 12 hours or more, or to a lower standard of accommodation and cancellation of holiday.
If we are obliged to make a major material change to the holiday you have booked and for which you have received a confirmation invoice, or if we cancel the holiday within 63 days of the original departure date you may choose to:
(a) accept the new holiday arrangement offered by us (which may involve a change of resort)
(b) purchase a replacement holiday from us at the current selling price, if one is available or
(c) cancel your holiday and receive a full refund (excluding insurance).
We will have no other liability to you.
You must notify us of your choice within 7 days of our offer of alternative holiday arrangements. If you do not, we will assume your acceptance of the new holiday arrangement.
We reserve the right to change outbound and/or inbound travel by air to coach or train travel should force majeure circumstances dictate. When you book with us you accept that this is a change we are entitled to make that will not, in force majeure circumstances only, be considered a significant change.
EVENTS BEYOND OUR CONTROL
FORCE MAJEURE: This means that we will not pay compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural disasters (such as avalanches), nuclear disaster, fire, adverse weather conditions, epidemics, technical problems with accommodation or transport, closure or congestion at airports, stations or ports, cancellations or changes of schedule by carriers or alteration of aircraft type by suppliers, or suppliers ceasing to operate due to adverse weather conditions and all similar events outside our or their control or any similar events.
CANCELLATIONS AND AMENDMENTS BY YOU
If you wish to change any details of your booking we will do our best to help. However, in the case of major changes (such as those that will lower the basic price of your holiday or that would cause your holiday to cease being a package holiday) will be treated by us as a different holiday and cancellation charges apply. Changes to your accommodation and flight within 70 days prior to departure will also be treated by us as a different holiday and will also incur cancellation charges.
If we are able to change your holiday details without cancellation (i.e. without it constituting a different holiday as defined above) we will make an amendment charge of £35 per change per person if more than 70 days before departure. Within 70 days of departure the fee will be £50 per change per person.
The price of your new travel arrangements may not be the same as when you originally booked. The new price will be that which applies on the day you asked for the change.
If you wish to make a change to your holiday whilst in resort (i.e. extending or reducing your holiday or changing accommodation) this will be subject to availability. Any such changes must be advised to us in writing either via our local office or our head office in London. Any additional costs including administration fees must be paid locally.
Most scheduled carriers and some charter carriers, other than our own, prohibit changes (including name changes and times) and require that new tickets be purchased or charge a high amendment fee. These charges will be passed on to you. Once tickets (including e-tickets) have been issued and sometimes even before they have been issued, any changes at all to the ticket (including initials) will result in you having to pay for the cancelled ticket and buy a new ticket at the full cost. Therefore it is important that you take great care when providing names and departure details.
Cancellations must be confirmed in writing (email or letter) by the person who made the booking/signed the booking form (recorded delivery advised) or by your travel agent – also in writing. We cannot accept verbal cancellations. Once you have cancelled your booking we will send you a cancellation invoice (usually by email). If you have not received this within 14 days please contact us.
To cover the cost of processing your cancellation and to compensate us for the risk that we may not be able to resell your holiday, the cancellation charges below are payable (including extras) from the date we receive written confirmation. The more notice you give us, the less we charge. The person who made the booking is responsible for this charge.
Please remember that for some holiday arrangements (in particular scheduled carriers) the cancellation charges may be higher than those shown. In these cases 100% cancellation fee applies as soon as the booking is made and the ticket issued. In these instances the charges below are as a % of the cost of all the remaining arrangements and the non-refundable charges will be added to these.
The number of days prior to departure is taken to be from the day on which written notice is received by us: cancellation 70 days or more prior to departure = loss of deposit
More than 71 days – loss of deposit
56-70 days = 35%
28-55 days = 55%
14-27 days = 75%
13 or less = 100%
As much accommodation is priced according to the number of people staying there, if cancellation of a party member results in under occupancy of a room, apartment or chalet, the cost of the holiday for those remaining will increase as they must pay the appropriate empty bed charge. Cancellations may also affect your entitlement to group discounts. Such changes to costs as a result of reductions in numbers of your party will be shown on a new invoice.
If you wish to add a person to your booking , we cannot guarantee that this can be done and such changes cannot always be accepted within 14 days prior to the date of departure.
If you are staying in Tufted Duck Cycling’s accommodation and travelling to your destination independently and you are prevented from travelling, you may be able to transfer your booking to another person provided:
i) The booking does not include services provided by suppliers who will consider the booking cancelled if changes are made
ii) Your arrangements remain exactly the same as the original booking
iii) The replacement person takes on the exact cost of your holiday as paid by you
iv) You must put your request to transfer your booking in writing
v) That person signs a booking form or signals in writing their acceptance of the terms of our agreement
vi) That person must show us new evidence of their insurance (as any premiums paid by you cannot be refunded)
vii) You pay an amendment fee the amount of which will depend on when we are notified of the change.
viii) You will remain responsible for the payment of any balances relating to your holiday should that person be in default of payment
ix) You cannot transfer a booking within 14 days of travel In all other instances cancellation charges will apply.
OUR LIABILITY TO YOU
The following applies where we are providing a holiday package. If we are providing transport only or accommodation only, or are acting as a booking agent, this section does not apply to you and we accept responsibility only for the proven negligence of our employees when acting in our employ.
Except where we are your booking agent, this section covers injury, illness or death whilst you are using the holiday services that we have arranged. We do not have any direct control over the way our suppliers provide their services but everyone employed or contracted by us is expected to carry out their duties properly. If they fail to carry out their duties properly or at all and that fault results in your injury, illness or death we may make a payment to you which would be similar to one you would receive under English law in an English court.
We have taken all reasonable care to ensure that the services that make up your holiday are provided by reputable suppliers and businesses. These organisations follow local and national regulations and laws of the country in which they operate. However, overseas safety standards often differ from those in the UK and in some instances may not yet meet EC fire safety recommendations. Our obligations in regard to reasonable care and due diligence will be deemed to have been complied with when provision has conformed with local regulation or, in the absence of this, local custom.
We 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 travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall (force majeure); or if resulting from actions of suppliers or employees acting outside the scope of their employment/contract when the accident occurred. We cannot be held liable for any damages caused by the theft of bicycles or injury as a result of cycling on or off road.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example (but not limited to) the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices (3 Vencourt Place, London, W6 9NU. Telephone 08444 930 430).
We will make such payments for injury, illness or death provided that you accept that:
i) You must bring your injury or illness to the attention of the supplier and ourselves whilst in resort and as soon as possible. You must also write to us regarding your claim within 3 months of coming home from the holiday to allow us the opportunity of investigating it properly
ii) You must include a letter from your GP regarding your illness or injury
iii)You must transfer to us the rights you have against the supplier/other person
iv)You must cooperate fully if we or our insurers wish to enforce these rights
v) Any payments we make may be limited in accordance with international conventions
PROBLEMS OR HOLIDAY COMPLAINTS
We want your holiday to be as enjoyable as possible, but occasionally even the best-laid plans can go wrong. In the unlikely event of there being something not to your liking whilst on holiday, we aim to resolve it as quickly and amicably as possible. In order to resolve problems we ask:
(i) That you must report it immediately to the relevant supplier of the services in question and to our Guide (if applicable), thereby giving them the opportunity to remedy the problem. If you have notified our local supplier, please also notify us as soon as possible. We may ask you to complete a form in resort so all parties are clear on the precise nature of the issues involved. It is an express condition of your Agreement that this simple procedure is followed. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
(ii) If you are still dissatisfied we ask that you write to us giving details of your complaint. We do not automatically follow up a report made in resort as in many cases these are resolved. We do not issue refunds in resort as we feel it is important that all the relevant information is gathered in fairness to all involved. Our Guide or local supplier is not authorised to promise or make payments or to vary the terms, conditions or information published by Tufted Duck Cycling.
(iii) If you write to us, we ask that you do so within 28 days of your return quoting your booking reference and providing details of your dissatisfaction. We will acknowledge your letter and investigate the points you raised and reply within 28 days.
N.B: For your comfort and safety, Tufted Duck Cycling reserves the right to only allow access to approved third party suppliers offering goods and services within our properties.
All written correspondence to our London office is acknowledged and we will reply within 28 days. If we have not been able to finish our investigation after 28 days we will write to you advising you as to our progress.
We can usually sort out any complaints you have. In the event of us not being able to agree you can take the matter to arbitration under a special scheme offered in conjunction with the Association of British Travel Agents. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website.
The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element.
The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
PROMPT ASSISTANCE IN RESORT
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances as long as the following requirements are met: i) You must tell us and the supplier involved whilst you are in resort and write to us within 3 months of your return from holiday. ii) You must make a claim under your insurance policy’s legal expenses section (or other if appropriate), send us proof of this claim and repay us the money to cover our expenses if and when your claim is successful.
DESCRIPTIONS AND INFORMATION
All website descriptions and information given orally or in writing are given in good faith based on information believed to be correct at the time. As information is prepared well in advance of the opening of resorts, it is inevitable that some details will change since content was prepared. This is outside our control. Our information is intended to give you a general idea of the holiday.
We reserve the right to make changes to the information on our website and to the information we send you at the point of and after booking or as soon as they are made known to us. Our reservations staff will have the most up-to-date information and we will do our utmost to notify you of changes before your departure. If changes occur after you have booked we will do our best to inform you however, we will limit the advice to what we feel is an important part of our contract or which we fell will affect the enjoyment of your holiday.
To help us do this, we ask that you advise us of any particular facilities that are important to you at the time of booking.
Photographs of rooms represent the type of accommodation available but not all rooms will be the same shape, size or style. Please note that family rooms are not necessarily larger than the norm. Descriptions of apartments are a guide only, as all are individually owned and differ from one another.
If specific wine, drinks, food or toiletries mentioned are unavailable locally or have been significantly increased in price, we reserve the right to substitute them for suitable alternatives.
We have taken great care and checked all the distances mentioned. However, resort layouts can often be changed when the resorts open and such changes may affect the distances we have mentioned.
We do not accept responsibility or liability for advice or information given to you on a website not operated or maintained by us.
FURTHER IMPORTANT INFORMATION
LATE BOOKINGS AND SPECIAL OFFERS
Due to the extra administration required to handle late bookings, a minimum charge of £20 will be made for bookings made within 31 days of departure. This may increase closer to the date of departure.
The prices of our late availability holidays (or holidays on special offer) may not always be less than those sold previously as they reflect demand and additional/different transport or accommodation may have been purchased. Late availability holidays also do not qualify for the offers such as group discounts and child reductions. We reserve the right to increase or decrease prices prior to booking. We reserve the right to make an additional charge for coach transfers on late availability bookings.
All special offers have a start from and book by date and this is always displayed on our website. Refunds cannot be made for those who have booked before these offers started or offers cannot be extend after the expiry date has passed.
All offers are available at the time of booking and cannot be added subsequently.
We will always try to meet any special requests and to pass them to our suppliers. Your request will be shown on your invoice to indicate that a request has been made but this is not a guarantee that your request can be fulfilled. Please note that special requests do not form part of our contractual agreement and we will have no liability if they are not met. Due to the additional work required to process special request, we reserve the right to charge an administration fee of £25 per person. This charge does not relate to changes you make to your booking.
SINGLE TRAVELLERS AND UNDER OCCUPANCY
Prices are per person and are based on 2 people sharing. Single travellers or guests who wish to occupy accommodation with fewer people may feel that the cost per person of their holiday appears high.
The reason for this supplement is that our contract with the owners is based on a price per room while our holidays are sold per person, including flights and other elements. Therefore, the per person price for a single traveller includes the entire room cost. This applies to both single rooms in hotels, chalets, lodges and self-catering units where, for example, three people may want to occupy accommodation usually sold for four and priced accordingly.
We do not make additional or excessive profits from these sales; the prices charged merely reflect the real costs to us. In some accommodation there are rooms that are designed for single occupancy only. In this instance there will normally be a supplement but usually less than when a single person occupies a double room. These single rooms are often smaller and sometimes less well appointed.
Whilst we do everything possible to locate lost property, we cannot guarantee to do so or to be able to arrange for your property to be returned. Clients will need to contact our office. If we are able to locate lost property and arrange for its return, all costs of so doing must be paid in advance along with an administration charge of £25. We cannot be held responsible for lost property whilst in transit to the UK howsoever this is arranged. We reserve the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs.
We offer the facility to book some excursions in advance of your arrival in resort. In doing so we act solely as an agent on behalf of the providers of these services. We have no control over the service provided and have no liability for the act(s) or omissions of any of the service providers.
Should you wish to cancel a pre-booked excursion, please be aware that in most instances cancellation fees are levied by the service providers and generally refunds of pre-booked items are not made. As these vary depending on the departure date please ask our office or the service provider for details. Changes to bookings may not always be possible and may incur amendment fees.
The service providers will try to ensure that once confirmed your booking is not changed or cancelled. However, as these details are prepared many months in advance of the start of the season, occasionally changes may occur. We are not liable for these changes. Where a service provider is forced to cancel a booking they will endeavour to offer an alternative and, if accepted, any monies paid will be credited to this revised service.
Facilities such as shuttle bus services, saunas and swimming pools may not be operational at the beginning or the end of the season. This may also affect some of the facilities in your accommodation. This may be due to factors such as weather or the number of tourists in resort, repairs or redecoration. These decisions are often made on the spot by their operators and we are not always informed.
Where we do know we will do our utmost to let you know. At the beginning and at the end of the season building work in resorts may be taking place. We have no control over these building works and are not made aware of their start and finish times.
The safety and wellbeing of our guests is of paramount importance to us. We continually strive to improve hygiene and safety standards in all our destinations. All our properties are obliged to meet local regulations although it is important to remember that even in European countries these may not match those in the UK, which are some of the most stringent in the world. In some resorts many buildings are made of timber, often without separate fire escapes. We strongly advise that you and your party familiarise yourselves with your accommodation, safety procedures and location of fire extinguishers.
DATA PROTECTION AND PRIVACY
We are committed to protecting your privacy. We may disclose your details such as name, contact details, travel preferences and special needs/diets that you have supplied to us in relation to yourself and your travelling companions to our suppliers for the purposes of providing you with our services. Only the information necessary for these purposes will be supplied to them.
The information may also be provided to security or credit checking companies, public authorities such as customs/ immigration if required by them or required by law. Security regulations may require us to provide government agencies access to data you disclose to us and the air carrier. Where your holiday is outside of the European Economic Area (EEA) controls on data protection may not be as they are in this country.
If we cannot pass this information to the relevant suppliers, we cannot provide your booking. Therefore, in making a booking with us, you consent to this information being passed to the relevant persons. We do not pass information on to any person not responsible for your holiday arrangement and we do not sell any information or our mailing list to any outside organisation. Please note that where your information is held by your travel agent this is subject to their data protection policy.
We may contact you with information on offers, new products, competitions or events from our group of companies. Our websites will assume you agree to e-communications when you make a booking. If you do not wish to receive such information please amend your preference on the website or use our unsubscribe facilities on email communications. Once notified by you we will cease using your information in this way.
In some instances we may ask for information on your preferences. This will enable us to tailor information so that it is more relevant. You will be given the opportunity to opt out of this personalisation.
To ensure we meet requirements for security, fraud and to improve our services we may monitor or record telephone calls, internet (WiFi) activity and transactions/activities at all points of contact.
We hold your information for our purposes i.e. to inform you of offers and promotions or to send you our brochures. By accepting our terms and conditions of booking you are consenting to allow us to contact you by post, email or telephone in the future. If you do not wish to receive future marketing material please let us know as soon as possible. Any changes to this important information will be posted on our website.