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Polka Dot Cycling Ltd. Terms and Conditions

 

The following terms and conditions are related to the holidays provided by Polka Dot Cycling Ltd. and are sold subject to these terms and conditions. All our respective rights and obligations are set out, so please read these carefully before making a booking with us.

 

1.     Booking Process

 

Before booking your Polka Dot Cycling Ltd. holiday, please make sure you have read the holiday description, what’s included and conditions.

 

To make your booking one person must be over 18 years old and you must complete our online booking form and send a non-refundable deposit, as stipulated by the website and/or PDF, per person (unless the booking is less than 12 weeks before departure, in which case the full payment will be required at the time of booking). From booking and confirming with payment of deposit, that deposit is kept by Polka Dot Cycling Ltd. and is non-refundable from that point on.

 

Each online booking form submitted will be treated as an offer from you to purchase the holiday package according to these terms and conditions. Upon receipt of this booking form, a confirmation email (including any special arrangements that we have agreed) including an invoice will be sent to you. Please check that all the details are correct. It is your responsibility to check both the confirmation email and invoice. If there are any errors, please email us on  bookings@polkadotcycling.com for these to be corrected immediately.  You must raise any errors within 7 days of the booking else you may incur an additional administrative fee. We may not be able to correct errors not raised immediately.

 

All non-standard bookings are subject to additional costs as laid out by the vendors used by Polka Dot Cycling Ltd. with administration fees as stipulated by Polka Dot Cycling Ltd. These will vary depending on the aspect of the trip that is being altered to the customer’s specifications.

 

Once the confirmatory email has been sent, a binding contract with us will come into existence.

 

N.B. Please note in addition it is essential that you take out appropriate insurance cover at the time of booking (see clause 6)

 

2.     Full Payment

 

We will send you an invoice for the balance of the holiday upon successful payment of the deposit, which must be paid no later than 12 weeks prior to departure. If you book less than 12 weeks before departure, full payment must be made at the time of booking and in this case the invoice will be sent with your confirmation email. No further reminders will be sent.  If the balance is not paid in time, we reserve the right to cancel your holiday in accordance with our cancellation policy and apply cancellation charges. Full payment can be made by bank transfer or card. There are no surcharges to either method.

 

3.     Prices

 

Prices quoted on our website or in any other Polka Dot Cycling Ltd. literature, may change at any time up to the point that a contract is made between you and us. Once this contract has been made, the price of the holiday is fixed according to the invoice sent to you.

 

4.     Cancellations

 

4.1.   If you cancel your holiday with us

 

If you wish to cancel your holiday with us, this must be done in writing (including by email to info@polkadotcycling.com). Cancellation charges will then be payable as set out below to cover arrangement costs by us and the risk that we may be unable to re-sell your cancelled booking. You will be liable for the following cancellation charges:

 

  12 weeks (84 days) prior to departure, 100% of the remaining balance is due and non-refundable.

 

If you are no longer able to travel and it is 8 weeks or more in advance of the departure date, you may be able to transfer your place to someone else if the holiday has the maximum number of people already booked.

 

4.      If we have to cancel your holiday

 

We reserve the right to cancel your confirmed holiday on very rare occasions due to the following circumstances:

 

4.2.1.        Where we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, for example, poor weather conditions or transportation problems and/or

4.2.2.        Where there are an insufficient number of people booked on your chosen holiday. We will notify you that we are cancelling no later than 14 days prior to departure in this circumstance.

4.2.3.        Force majeure – any event which we could not foresee or avoid, even with all due care, for example; war or threat of war, civil or political unrest, terrorism, natural or nuclear disaster, fire, industrial dispute and all other similar events that are outside of our control

 

5.     Changes

 

5.1.   If you need to change your holiday

 

Any changes you wish to make to your holiday after we have successfully received your deposit may be subject to an administration cost. We will endeavor to do all we can to assist, but we cannot guarantee we will be able to deliver all such requests.

 

5.2.   If we need to change your holiday

 

Where at all possible we endeavor not to make any changes to your holiday. Sometimes, however changes are unavoidable and we reserve the right, as is our absolute discretion to do so. If we need to make a major change to your holiday, such as change of arrival or departure times by more than 12 hours or a change of accommodation for our holidays, you will be notified as soon as is practical to do so.  If there is sufficient time before your departure you will have the following options:

 

5.2.1.        accept the changes to the holiday

5.2.2.        the offer to purchase an alternative holiday of comparable standard if available (if the holiday is more expensive than the one you originally booked you will be liable for the difference, if it is less we will pay you the difference)

5.2.3.        cancel your holiday and we will refund the full invoiced amount of the holiday

 

In the event that it is necessary to cancel your holiday, Polka Dot Cycling will not be responsible for any flight costs incurred by you. We strongly recommend that you take out an insurance policy as per clause 6 at the time of booking to cover this eventuality.

 

6.     Insurance

 

Due to the risk element of a cycling holiday, you must have adequate insurance to cover you for your holiday.  It is a condition of your contract with us that you are fully insured for taking part in the activities of the holiday including and without limitation to medical expenses, personal accident, personal liability, emergency rescue, repatriation if you become too ill to travel, cancellation or curtailment of your holiday, travel delay, baggage equipment and loss or theft of personal effects, damage to sporting equipment i.e. your bike and legal expenses.

 

We will ask you to provide a copy of your insurance policy before you can commence on any of the activities on your holiday. We reserve the right to cancel your holiday without compensation if you are not able to provide these details or we feel that the insurance policy is inadequate. You agree to indemnify us from any claim arising from your failure to comply with this condition.

 

Polka Dot Cycling Ltd. is not liable for any damage to or theft of your bike whilst on the trip and you need to make sure your bike is fully insured to cover accidental damage, crashes and theft.

 

7.     Flights

 

Flights are not included in any of our holiday packages. It is your responsibility to book your own flights independently and to ensure that the dates and timings fit with the start and end date and time (time we arrange with you to pick you up from or drop you off at the airport) of your holiday. We cannot be held liable for any curtailment of your holiday due to delays through your own flight arrangements.

 

8.     Medical requirements

 

It is your responsibility to ensure that you are sufficiently fit and healthy to take part in your chosen holiday. We reserve the right to ask you to produce a medical certificate of fitness. If you have any medical condition that may affect your ability or enjoyment to complete your holiday, you must advise us before the departure date. By completing the booking form you undertake and confirm to us that your mental and physical condition are sufficient and fit for purpose of joining in and participating on the holiday you have booked.

 

We welcome people with restricted mobility, medical or particular care requirements or a disability and aim to ensure that our services are accessible as possible to everyone.  However, in order to ensure this, we ask that you inform us at the time of booking, with needs, requirements and conditions so that we can discuss this and make any potential reasonable adjustments.

 

 

9.     About your holiday

On all of our holidays, it is important that you follow the instructions given by the tour leader, who represents Polka Dot Cycling Ltd. and whose decision is final. Your contract with us includes an agreement to this.

 

There is a need to be flexible in any of the holidays we offer. The day to day itinerary is a meant as a guide and objective, but we reserve the right to make some small changes to this as required, such as accommodation location if there has been a problem with a hotel, for example. The itinerary does not form part of our contractual obligation to you.

 

We provide advice on clothing, weather, equipment and how to ride certain climbs etc. as part of your holidays, this is done in good faith and as such we are not liable if the information is not accurate.

 

The composition of each group on each holiday can vary in terms of age, nationality, creed and gender, singles, couples and groups and we cannot guarantee what that composition will be.

 

10.   Passports and Visas

 You are responsible for making sure that you have the correct passport, visa or other documents necessary for your holiday and we cannot accept any liability if you are refused entry into any country due to a failure on your part to do this.

 

11.   Our Liability to you

 

We accept it is our responsibility to ensure we properly deliver the contract with you, subject to the following exceptions: We shall not be held liable for any failure to deliver, improper performance or damages if such failure is:

a)     attributable to you; or

b)     unforeseeable or unavoidable and attributable to a third party not connected with the provision of your holiday or any of our sub-contractors; or

c)     information given to us by you with regards to your booking was inaccurate

d)     as a result of an event with either ourselves or a supplier that was unforeseeable or unusual circumstances beyond our control even with all due care; or

e)     any damage or loss of any nature due to a defect in or failure (whether partial or complete) of any travel services not provided by us and therefore could not be responsible for

f)      due to the injury as a result of cycling on the road and in particular injuries as a result of inadequately maintained and serviced personal equipment or the failure to wear correct safety equipment, in particular cycle helmets and the road worthiness of your own bicycle.

 

Please note it is a requirement of your contact with us that you accept to wear a cycle helmet at all times whilst cycling during any of our holidays.

 

g)     in addition, we cannot accept any liability for any losses related to any business of yours, such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur.

 

 

In all cases except where personal injury, illness, death, loss of luggage or personal possessions (including money)   results or a lower limitation applies, our maximum liability to you is limited to the price paid by you or on your behalf shown on our invoice (excluding insurance premiums and/or amendment fees).

 

In the case of lost luggage or personal possessions our liability is limited to £30 per person as we as part of our contract with you we stipulates that you have adequate insurance to cover such losses and that you have taken this out at the time of booking.

 

12.   Your conduct

 

Your behavior should not be excessive, noisy or disruptive especially at night and should be appropriate to the culture of the host country you are in.  Illegal, offensive or aggressive behavior (to our staff, guests or general pubic) will not be tolerated and may result in police action. We reserve the right to ask you or any member of your party to leave immediately if you or your party’s conduct is considered inappropriate, likely to cause harm, impair the enjoyment, comfort or safety of other fellow guests, staff or the general public. No refunds or compensation will be given under these circumstances and we reserve the right not to allow any future bookings from yourself or a member of your party.

 

13.   Complaints

 

Any complaints arising should be made in the first instance to the tour leader who should normally take immediate and appropriate action.  If however at the end of your holiday you feel that your complaint has not been dealt with properly or there was not a satisfactory outcome/response, you must notify us in writing within 14 days of the end of your holiday. In all cases we aim to try to agree a satisfactory outcome with you.

 

14.   Information provided

 

All information given about our holidays, whether on our website or otherwise is intended merely to present a general idea of the holiday. We believe that the information, description and details of the holidays are accurate and correct to the best of our knowledge and belief. We have given all such details, information and descriptions in good faith and any changes are likely to be minor and should not affect the enjoyment of your holiday.  Changes may be made at any time and we will notify you of any changes as soon as we become aware of them and are reasonably able to do so.

 

 

15.   Governing Law and Jurisdiction

 

Your contract with us is made in England and shall be governed by English Law.  You submit to the exclusive rights of the jurisdiction of the courts in England.

 

16.   Financial Protection

 

Polka Dot Cycling Limited are 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 Polka Dot Cycling Limited 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 Polka Dot Cycling Limited. This insurance has been arranged by Towergate Chapmans Stevens through International Insurance Company of Hannover SE.

 

In the unlikely event of Insolvency you must Inform Towergate Underwriting Travel immediately on +44 (0) 1932 334140. Please ensure you retain the booking confirmation form as evidence of cover and value.

 

Policy exclusions: This 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.

 

17.   Photo and Video Release

 

By making a booking, I authorize Polka Dot Cycling Ltd. to use the following personal information:

 

(1)    My picture – including photographic, motion picture, and electronic (video) images.

(2)    My voice – including sound and video recordings.

I hereby grant to Polka Dot Cycling Ltd. the right to use, publish, and reproduce, pictures of me in film or photographs or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, and in brochures and other print media.

 

This permission shall continue forever unless I revoke the permission in writing. I further grant Polka Dot Cycling Ltd. all right, title, and interest that I may have in all finished pictures, and copies of the original print, and further grant polka Dot Cycling Ltd. the right to use for marketing, communications, or advertising purposes, as it deems fit.

 

I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for Polka Dot Cycling Ltd.’s use of any of the material described above for any of the purposes authorized by this release.

I have read the foregoing and I fully understand the contents.

18.   Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

 

By making a booking with you are agreeing to waive certain legal rights, including the right to sue Polka Dot Cycling Ltd.

Definitions
In this agreement, the term “cycling holiday” shall include, but not be limited to, all activities, services and use of facilities either provided by or arranged by the Operator, Polka Dot Cycling Ltd., (referred in this document as “Polka Dot Cycling”) or in any way related to the cycling holiday, including but not limited to: orientation and instructions sessions, transportation to and from where the cycling holiday begins or ends and accommodation.

Assumptions of Risks
I am aware that a cycling holiday involves risks, dangers and hazards in addition to those normally associated with riding a bicycle on or off a road, including but not limited to: road surface hazards, equipment failure, the failure to wear safety equipment, the use of inadequate safety equipment, weather conditions, impact or collision with motor vehicles, other cyclists and other objects; the failure to operate a bicycle safely or within one’s own ability; negligence on my part or on the part of other parties including other cyclists.
Cyclists may become lost or separated from their guide or group and agree that they have the ability to ride independently in such circumstances. Communication in the countryside may be difficult and in the event of accident, rescue and medical treatment may not be readily available.

I am aware of the risks, dangers and hazards associated with a cycling holiday and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.

 

Release of Liability, Waiver of Claims and Indemnity Agreement


In consideration of Polka Dot Cycling Ltd. allowing me to participate in the cycling holiday and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,

I HEREBY AGREE AS FOLLOWS:

  • TO WAIVE ANY AND ALL CLAIMS that I have, or may have in future, against Polka Dot Cycling;
  • TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all property damage or personal injury caused to any third party resulting from my conduct or participation in the cycling holiday;
  • To purchase out of country medical insurance coverage to cover me for the full period of time that I am out of my home state or province participating in the cycling vacation;
  • That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns and representatives, in the event of my death or incapacity;
  • That this agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Country of England;
  • Any litigation involving the parties to this agreement shall be brought solely in the Country of England, whose courts shall have the sole and exclusive jurisdiction.

By placing a booking, the client(s) acknowledges and agrees that he/she is not relying on any oral or written representations or statements made by the Releases with respect to the safety of the cycling holiday, other than as set forth in this agreement.


I confirm that it is my sole decision to participate in the activities associated with the cycling holiday and that I have consulted with my doctor and have been given clearance to participate in the activities.

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