1. The Contract.
No contract shall arise until European Bike Trips has
(i) Received this completed Booking From(which has, or a faxed copy hereof has, been signed by the Consumer and by the Retailer as the agent of the Organiser or by the Organiser)
(ii) Received a deposit or full payment for the holiday
(iii) Has issued written confirmation of its acceptance to the Retailer as the agent of the Organiser or to the Consumer.
The terms of the contract between the consumer and the European Bike Trips are contained solely in this booking from, the Organiser’s confirmation, the Organiser’s brochure or other desciptive material, any airline or sailing ticket issued, the terms and conditions of any suppliers of services and the itinerary issued by the Organiser
European Bike Trips reserves the right to terminate the contract with the Consumer if the behavior or conduct of the consumer either prior to or during a Holiday is likely to endanger the safety or well being of other consumers in his company or that of the consumer himself, the organiser, or that of the Organiser`s representatives, contractors, agents or employees and the cancellation charges as provided for in clause 10, are payable by the consumer.
2. Disabled Persons.
It shall be the Consumer’s responsibility to disclose prior to booking to European Bike Trips any physical or mental condition of a member of his party which may be relevant and no liability shall attach to European Bike Tours for the provision of an unsuitable holiday for a disabled person where disclosure of the disability has not been made to European Bike Tours where the booking has been made directly with the Organiser. European Bike Tours reserves the right to decline to provide a holiday for a disabled person where in the Organiser’s opinion that holiday would be inconsistent with the special needs of a disabled person.
3. Special Requests.
Special requests (e.g. ground floor accommodation, seaview etc.) shall be communicated by the Consumer in writing to European Bike Trips at the time of making the booking. European Bike Tours shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the property management. No liability shall attach to European Bike Tours for failure to comply with a special request and such requests do not form part of the contract.
4. Price Variation.
All prices quoted are stated in euro and are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary the cost of the holiday may increase or decrease accordingly. Any such increase/decrease must be paid by or refunded to the Consumer. During the period of twenty days prior to departure date, the price specified in the contract shall not be increased by the Organiser. The circumstances in which the price may be varied shall only be to allow for changes in: transport costs, including the cost of fuel, Dues, taxes or fees chargeable for services for such as landing taxes or embarkation or disembarkation fees at ports and airports, or The exchange rates which apply to the particular package.
5. The Consumers responsibilities.
The Consumer shall check all travel documentation immediately it is furnished to him. If the Consumer considers any document to be incorrect or has a query in relation to its contents, he shall forthwith notify the Retailer or the Organiser of his concern and the Organiser shall respond as soon as possible.
The Consumer is solely responsible for ensuring that he presents himself at the airport of departure in sufficient time prior to the designated departure time to complete embarkation requirements. If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the holiday as having been cancelled by the Consumer.
The Consumer is restricted by regulation of carriers and executive authority with regard to the weight, type and contents of baggage which he may take on board the craft and /or vehicles which will be used in connection with the holiday. The Consumer shall be responsible for ascertaining any limitations which apply in this regard and shall not present himself at the airport of departure with any prohibited item in his luggage or on his person or with items which exceed weight or dimension restrictions applicable.
The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organiser’s staff or any crew member of carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction. (e) It is also the sole responsibility of the Consumer to ensure that he is in possession of all travel documentation i.e. passports, visas (where relevant) and that same are in order. The consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation entry as a consequence of the Consumer failing to have their travel documentation or same not being in order.
European Bike Trips shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser’s behalf nor to that of another supplier of services because:the failures which occur in the performance of the contract are attributable to the Consumer; such failures are attributable to a third party unconnected with the provision of the services contracted for; and are unforeseeable or unavoidable; or such failures are due to
(i) Unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer acting on his behalf or any other supplier of services, the consequences of which could not have been avoided, even if all due care had been exercised
(ii) An event which the Organiser, the Retailer acting on his behalf or the supplier of the services, even with all due care, could not foresee or forestall.
The consumer shall be obliged to notify European Bike Trips in writing of any complaint not later than 28 days after his return to the port of departure or termination of the holiday whichever is the earlier and no complaint received thereafter shall be entertained.
8. Governing Law.
The terms of the contract(as provided for in clause 1(a) of this Booking Form) is to be interpreted under and is subject to the laws of the Republic of Ireland.
The holiday/Event must be paid for in full at least 8 weeks before the scheduled date of departure or if the contract is made less than 8 weeks before the scheduled date of departure, it must be paid for in full on the signing of the Booking Form.
Cancellation for Non-Payment.
If the holiday is not paid for by the due date, the Organiser shall have the right to cancel the holiday. If the Organiser, at the request of the Consumer or Retailer agrees to delay cancellation of the holiday, then if the Organiser subsequently cancels for non-payment, cancellation charges shall apply and be payable by the Consumer.
The following scale of cancellation charges in general apply to ground only part of package, as flights are generally instant purchase and subject to 100% cancellation after issue
More than 56 Days prior to travel Loss of deposit
55-29 Days 50%
28-15 Days 70%
14-03 Days 90%
10. Alteration by the Customer.
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may do so at its discretion if practicable. A request for alteration must be made by the Consumer in writing to the Retailer (who shall forward same to the Organiser) or, where the booking has been made directly with the Organiser to the Organiser and must be accompanied by a payment of €25 per person, which payment is not refundable.
If the alteration is impracticable the original holiday arrangement shall continue to apply. No alteration by the consumer shall be effective until such time as the Organiser issues written confirmation of acceptance of such alteration and the contract between the Organiser and the Consumer shall be thereby amended to include such alteration. If only some of the Consumers booking request a change, which is found to be practicable, a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Organiser’s written confirmation of such change.
If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with clause 10 and the cancellation charges as provided for in clause 10 are payable by the Consumer. Once travel has commenced, no charges or alterations may be made by the Consumer and no refunds shall be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements, which are not availed of.
11. Accommodation on Request.
Where accommodation is on request an additional administration charge of €25 will be payable by the Consumer. This charge will be credited to the cost of the holiday once a booking is confirmed. If the Organiser is unable to obtain the particular accommodation requested by the Consumer, the Organiser shall take all reasonable steps to make a comparable alternative to the Consumer. If the accommodation requested by the Consumer cannot be confirmed or an alternative offered or if the alternative offered is not acceptable to the Consumer, the Consumer shall be entitled to a refund of all monies paid to the Organiser less a €25 administration charge.
12. Alterations and cancellations by the Organiser.
Without prejudice to the Consumer’s statutory rights, the Organiser reserves the right to alter, curtail or cancel a holiday. If as a consequence of “force majeure” (as defined in sub-paragraph (d) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension, or cancellation of the holiday.
A minimum number of bookings are required for a programme of holidays or sporting events. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by the Consumers or otherwise, the Organiser shall be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances.
The organiser shall notify the Consumer within seven days of any cancellation or curtailment necessitated by the foregoing circumstances. In accordance with the provisions of Clause 1(a) the Consumer should be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within the Control of the Organiser and for which the Organiser shall not be held liable. In this booking form, the term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Organiser, the retailer or any other suppliers of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser, the Retailer or the supplier of services even with all due care could not foresee or forestall, including Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
The Consumers attention is drawn to the exclusion clauses & excesses in the insurance policy arranged by the organiser. It is a condition of this contract that the Consumer is covered either by the travel insurance scheme arranged by the Organiser or covered by another travel insurance scheme which furnishes the Consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser. In the event that the Consumer does not avail of the Organiser’s travel insurance scheme he must furnish details of the alternative travel insurance scheme which he has arranged at the time of booking. It is the responsibility of the Consumer to check that the insurance scheme provides the Consumer with his desired level of cover. In so arranging insurance cover for the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer for any default by the insurer under that policy. All claims made against the insurance policy shall be made directly to the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements which he deems necessary.
Unless the Consumer, when booking, expressly indicates otherwise, the Consumer shall be automatically covered by the Organiser’s travel insurance scheme and the premiums will be added to the price of your holiday.
The Organiser reserves the right to levy an administration charge in respect of any additional work or expenditure incurred by the Organiser in assessing the adequacy of the cover afforded by the alternative travel insurance scheme being taken out by the consumer.
14. Data Protection.
The Organiser is committed to protecting your privacy and information. The information we use is for the purpose of fulfilling our contract as an Organiser. Information that you provide to us will be held on computers (and in other ways) for use by us for the following purposes;
(a) Booking Information
(b) Information about you (and your travelling party) may be passed to holiday providers and others may include things such as age, dietary requirements, you (or travelling party’s) physical or mental health. This information may also be transferred abroad
(c) If you apply for insurance, then we may process information (including medical information) about you (or your travelling party) and pass it to the insurers
(d) Information supplied by you may be processed by us for statistical analysis and/or market research and may in certain instances be disclosed to our agents for the purposes of fraud prevention and/or debt collection
(e) To contact you via email, letter or phone with details of selected supplier’s products and services which may be of interest to you. By entering into a contract with us you agree to the use and disclosure of information as described. A copy of your personal information held can be provided on request. You have the right to have any inaccurate personal information rectified or erased.
Please note that the airlines are required by new laws introduced in the United States and other countries to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
15. The Consumer Responsibilities.
Whilst every effort is made to avoid mistakes in prices arising, occasionally, due to the complexity of pricing and fares and the high volume of transactions carried out by European Bike Tours, bona fide and genuine mistakes occur. Where mistakes do arise the Consumer shall be informed of the correct price as soon as possible and the Consumer shall be entitled to either confirm the booking at the correct price or cancel the holiday immediately in writing and receive a full refund of the moneys paid.
16. Visa & Health Requirements.
All passengers must be in possession of a passport valid for at least 6 months beyond the planned return date. In addition visas are required for some countries. We will provide the relevant information regarding visas to EU and EEA passport holders at the time of booking. Non EU and EEA passport holders should check visa requirements with their own relevant embassy. However all clients are responsible for obtaining and purchasing their own visas in good time before departure. Children, including babies, must be either included on their parents passport or hold a valid passport of their own if travelling to the USA.
17. Building Works.
Whenever the Organiser learns of development work likely to affect the enjoyment of the holiday, the Organiser will endeavour to contact the consumer if there is time before departure. If such work, in the Organiser’s opinion will seriously impair the enjoyment of the Consumers holiday the Organiser will offer an alternative holiday or a full refund of all monies paid.
18. Important Cycling Booking Conditions.
The carriage of bicycles is at the discretion of the airline and there may be an extra charge. We cannot accept responsibility for any delay on the part of an airline to carry your bicycles or for any consequential loss suffered as a result of such a delay. We cannot be held responsible for the actual road conditions on our routes, whether caused by road maintenance crews, climatic or other conditions.
In the event that the Organiser does not receive the minimum number of cyclists bookings or having received such minimum numbers has that number reduced by reason of cancellations or transfers by the Consumers or otherwise, the Organiser shall be entitled to cancel the holiday and either offer a refund or an alternative date.