In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. We strongly recommend that you also read all the details set out in the web page relating to your tour prior to booking to ensure that you understand the itinerary and style of the tour you are undertaking.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- he/she/they have read these Booking Conditions and our Travel Guidelines and has the authority to and does agree to be bound by them;
- he/she/they are over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
- he/she/they accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Unless these Booking Conditions state otherwise, any reference to European Union law and/or International Conventions in these Booking Conditions, that is directly applicable or directly effective in the United Kingdom is a reference to how it applies in England and Wales. This includes where the law has been retained, amended, extended, re-enacted or given effect on or after 11pm on 31st January 2020 (including the transition period).
1. Booking and Paying for your Tour
A booking is made with us when you:
- pay us a deposit of 25% of the cost of your chosen tour (or full payment if you are booking within 60 days of departure);
- provide all requested details including details of your full name as per your passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your tour arrangements (see clause 17);
- and we issue you with a booking confirmation.
We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. Please note that some tours will only go ahead if minimum numbers are met.
A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation in writing, that will confirm the details of your booking and will be sent to you or your travel agent. A detailed kit list, trip notes and information on travelling to the meeting point will also be sent to you following receipt of your deposit/full payment.
Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within seven days of our sending it out. We cannot accept liability if you do not notify us of any inaccuracies within seven days of your receipt of those documents. Meeting instructions and final tour arrangements will be sent to you two weeks prior to your tour start date.
Please refer to your booking confirmation for details regarding final payments. The balance of the cost of your tour arrangements (including any applicable surcharge) is due not less than 60 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit and the cancellation charges set out below will become payable.
Any money paid to an authorised agent of ours is held by that agent on trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on trust without any obligation to pay that money to us.
Please note that where you make a booking through an authorised agent of ours, and that agent books additional arrangements for you which are not provided by us, either separately or to make up a Package, your booking for those additional arrangements will not be with us and is likely to be directly with the supplier of those additional arrangements.
2. Pre-Departure Documentation
Once your booking has been confirmed, if requested by us, it is a condition of your booking that you must also submit to us a medical statement and/or a self-assessment form provided by a medical professional (see clause 14), prior to your departure.
Please note: If you fail to submit the pre-departure documentation that we request from you prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation charges set out below (see clause 10).
We endeavour to ensure that all the information and prices both on our website and our advertising material are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. We cannot be held responsible for any error, omission or unintentional misrepresentation that may occur and we reserve the right to correct prices and other details in such circumstances. Dates, itineraries and prices available on our website and advertising material are indicative only and you must contact us directly on firstname.lastname@example.org for the up to date price of the tour arrangements you are seeking to book. You must ensure that you check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Please note that prices quoted on our website are based on “twin shared” accommodation, and may be subject to change without notice. A supplemental charge may be charged to you for single room occupancy, as detailed in the tour information on our website.
You must appreciate and acknowledge that the nature of this type of tour requires considerable flexibility and you should allow for minor amendments to your booked arrangements. The itinerary provided for each tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. Please see clause 11 for more information about when this will be the case and the types of changes this could include.
Travel insurance is strongly advised for all H&I Adventures Ltd participants and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation. We also strongly recommend it covers cancellation (and cancellation fees), curtailment, interruption and personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance on the first day of your tour; you will not be able to join the tour without it. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
All prices and payments shall be processed in Sterling (£GBP), Euros (€EUR) or US Dollars ($USD).
We reserve the right to amend the price of unsold tours at any time and correct errors in the prices of confirmed tours. We also reserve the right to increase the price of confirmed tours solely to allow for increases which are a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- disembarkation fees at ports and airports; and
- the exchange rates relevant to the package.
Such variations could include but are not limited to cost changes which are part of our contracts with transport providers.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed tour (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another tour if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your tour go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £50.00 per booking per person. However, please note that tour 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.
There will be no change made to the price of your confirmed tour within 20 days of your departure nor will refunds be paid during this period.
7. Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
8. Cutting your Tour Short
If you are forced to return home early, we cannot refund the cost of any tour arrangements you have not used. If you cut short your tour and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your tour not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
9. If you Change your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must notify us by email to email@example.com as soon as possible. Your notice of change will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any applicable rate changes or extra costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 10.
No amendments are permitted to your booking within 7 days of departure.
Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the tour;
- we are notified in writing not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer (including those imposed by any of our suppliers); and
- the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 10 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
10. If you Cancel your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us by email to firstname.lastname@example.org as soon as possible. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person tour price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before departure in which you notify us
- More than 60 days
- 29 – 60 days
- 15 – 28 days
- 7 – 14 days
- Less than 7 days
- Deposit only
- 30% of tour cost
- 65% of tour cost
- 75% of tour cost
- 100% of tour cost
Please note that amendments charges and administrative fees are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed tour before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your tour destination or its immediate vicinity and significantly affecting the performance of the tour or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 10 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
11. If we Change or Cancel your Tour
As we plan your tour arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. You must also appreciate and acknowledge that the nature of this type of tour requires considerable flexibility. Please refer to our website before departure for the most recent updates to your itinerary.
Changes: If we make a minor change to your tour, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard, changes of carriers, cycling routes, amenities, schedules mode of transport. Please note that transport providers used in our advertising material may be subject to change.
After departure: We reserve the right to change an itinerary after departure as a result of weather, local circumstances or events outside of our control or force majeure events (see clause 12). In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. In this case, we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas or vaccinations.
Occasionally we may have to make a significant change to your confirmed tour arrangements. Examples of “significant changes” include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements by more than 12 hours.
- A significant change to your itinerary, missing out one or more destination entirely.
Cancellation: We will not cancel your tour arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your tour before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed arrangements; or
having a refund of all monies paid; or
- if available and where we offer one, accepting an offer of an alternative tour (we will refund any price difference if the alternative is of a lower value).
- (for significant changes) accepting the changed arrangements; or
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
- if, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
- if we cancel your booking and no alternative arrangements are available and/or we do not offer one.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you
- More than 60 days
- 29 – 60 days
- 15 – 28 days
- 7 – 14 days
- Less than 7 days
Amount you will receive from us*
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make a minor change;
- where we make a significant change or cancel your arrangements more than 60 days before departure;
- where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
- where we have to cancel your arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to cancel or change your arrangements due to Force Majeure (see clause 12).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation including any incidental expenses that you may have incurred as a result of your booking including, but not limited to, visas, vaccinations, travel insurance excess, or non-refundable flights, train or bus tickets.
Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable.
In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
12. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include acts of God, warfare (declared or undeclared) and acts of terrorism (and threat thereof), insurrection, explosion, civil strife, epidemic, plague, pandemic (including but not limited to the ongoing effects of Covid-19 and any future strain of the coronavirus) significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes, forceful wind or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, quarantine, government intervention, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
If H&I Adventures Ltd and/or any of its suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once H&I Adventures Ltd has investigated the prevailing situation, as it deems fit, it shall remain in H&I Adventures Ltd’s sole and absolute discretion whether to proceed with the tour.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
13. Acceptance of Risk and Responsibilities as a Tour Participant
You acknowledge that the nature of a mountain bike tour is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, notwithstanding this, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary, and you acknowledge that your decision to travel is made in light of consideration of this information and that you assume the personal risks inherent in such travel.
You also acknowledge and clearly understand that during the course of the tour certain risks and dangers may occur, including but not limited to the hazards of travelling in mountainous regions and that by the very nature of the activities you are exposed to an element of personal risk over and above those associated with conventional tours. You agree to assume all risks associated with the journey and agree that no liability will attach to H&I Adventures in respect of delay of the participant, or for any loss of or damage to the property of the participant, including to your bike or other cycling equipment, during the course of the tour.
Furthermore, you must be adequately fit and of an adequate proficiency to undertake the itinerary set out in the tour you have chosen. You therefore accept and consent to the risks inherent in the implementation of these Booking Conditions and accept as reasonable the limitations of our responsibility.
Please contact us to discuss the challenges of your chosen tour and any concerns you may have, by emailing email@example.com. Further information will also be provided in your tour briefing.
Nothing in this clause or in any part of these Booking Conditions is intended to exclude or limit H&I Adventures Ltd’s liability for death or personal injury caused by our negligence.
Minimum: General Policy: For the majority of our tours the minimum age is 18 years in the interests of health and safety. In exceptional circumstance we may allow children is between 12 and 18 years-old to participate in a tour, however these must be accompanied by a responsible adult, to join one of our tours. The final decision of participation will be at the discretion of H&I Adventures Ltd.
Maximum: General Policy: For the majority of our tours we have no upper age limit though we remind you that our tours can be physically demanding, as set out in clause 13. Therefore a medical statement and/or a self- assessment form provided by a medical professional may be required for less mobile clients and where you have notified us of any medical, health or mobility issues. This is in the interests of health and safety. From experience, in general our participants aged 65 and over have found some of our tours physically challenging due to the tour route, remoteness and weather. Please contact us to discuss the challenges of your chosen tour and any concerns you may have, by emailing firstname.lastname@example.org.
15. Authority on Tour
Our group tours are run by an H&I Adventures guide. The decision of the guide is final on all matters likely to affect the safety or well-being of any person participating in the tour. If you fail to comply with a decision made by a guide, or interfere with the well-being of the group, the guide may order you to leave the tour immediately, with no right of refund. In such a circumstance, where a participant is removed from the tour H&I Adventures Ltd accepts no responsibility for their transfer back to the tour end point or any costs incurred therein. Any transport arranged for the participant in question will be at the sole discretion of H&I Adventures.
We may also elect not to carry you on any future tours booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines at https://www.mountainbikeworldwide.com/mtb-tours/namibia-booking#traveller-guidelines0cf1-4df6be58-3d50
16. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
17. Disabilities and Medical Problems
We are not a specialist disabled tour company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We recommend that you must be adequately fit to cover the distances and undertake the program set out in your itinerary. If it is felt that any client is not sufficiently fit, healthy, properly equipped or able to complete the tour without affecting its safety, comfort or happy progress, the tour leader at any stage has the sole discretion and right to remove you from the tour.
Please note: Medical Treatment: It is a condition of your booking that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.
We make every effort to ensure that your tour arrangements run smoothly but if you do have a problem during your tour, please inform the relevant supplier (e.g. your hotelier) and/or H&I Adventures Ltd or your tour leader immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact email@example.com. Failure to do so while you are on tour will extinguish or reduce your ability to claim compensation from H&I Adventures Ltd.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 14 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
19. Tour Start Date
It is your responsibility to be ready to embark on the tour as specified in the itinerary. H&I Adventures Ltd is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. Our responsibilities do not commence until the appointed time at the designated meeting point.
20. Flight Delays
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned directly and immediately. As we do not offer flights or other transport as part of our package, we have no liability whatsoever to you in respect of any such delays or cancellations. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
21. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others in any way. If in our opinion or in the opinion of any hotel manager, H&I guide or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, difficulties, danger, risk, disturbance or annoyance to any other customers or any third party, or damage to property, or to cause a delay, disturbance or diversion to transportation or a tour arrangement, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
22. Your Equipment
Rental bikes for tours in Scotland
For tours taking place in Scotland, you have the option to hire bikes from H&I Adventures Ltd or from third parties for use during the tour. The cost of bike hire is an additional charge to the cost of the tour and therefore not part of the package tour price. Your contract for hire will either be with H&I Adventures Ltd or with the third party.
Rental Bikes for tours outside Scotland
Please note that we do not provide bikes or other cycling equipment as part of the tour outside of Scotland. However we do offer the option to hire bikes and other cycling equipment for the duration of the tour from third party companies. Please note that such hire does not form part of your arrangements with H&I Adventures Ltd (and is not included in the cost) and your contract for the hire is at all times with the third party hire company.
In all circumstances it is your responsibility to ensure you bring a suitable bike with you for participation in the tour, whether this is your own bike or one you have hired from a third party company. You accept that you are responsible for the condition and maintenance of the bike and any other such equipment you use on the tour. It is also your responsibility to have sufficient insurance for the bike that you use on tour.
Please note that whilst all reasonable efforts will be made by us to ensure the safe keeping of your bike, we cannot be held responsible for any loss or damage to your bike as a result of your participation in the tour or otherwise.
23. Our Responsibilities
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (as amended), as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package tour you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your tour. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- (a) the acts and/or omissions of the person affected; or
- (b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- (c) Force Majeure (as defined in clause 12).
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
loss of and/or damage to any luggage or personal possessions and money:
- the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
Claims not falling under (a) above and which don’t involve injury, illness or death:
- the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
- (i) Where applicable, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
- (ii) Where applicable, in any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
- (iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
(b) relate to any business;
(c) indirect or consequential loss of any kind.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our advertising material. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(8) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your tour. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
Excursions or other tours that you may choose to book or pay for whilst you are on your tour are not part of your contracted package tour arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
25. Insolvency Protection
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for H&I Adventures Ltd, and in the event of their insolvency, protection is provided for:
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with H&I Adventures Ltd.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on +44 (0)1702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here.
26. Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European tours you should carry an EHIC card prior to departure. For travel taking place on or after 1st January 2020, EHIC provisions have changed and so you should check https://www.gov.uk/visit-europe-1-january-2021 and https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcare for updates affecting your travel. You may need to apply for a Global Health Insurance Card prior to departure instead.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware.
Non British passport holders, including EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
27. Conditions of Suppliers
Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
28. Prompt Assistance
If, whilst you are on tour, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
29. Delays, Missed Transport Arrangements and other Travel Information
H&I Adventures Ltd does not sell flights. If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under EU Law where this is applicable to you, you may have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 12 and 29 of these Booking Conditions.
Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.
These Booking Conditions are our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
31. Image Release
During your tour, it is possible that photographs and/or videos may be taken by H&I Adventures Ltd and fellow participants of the tour. This will be discussed in your tour briefing and you will be given the opportunity to object and/or consent to such photos/videos being taken.
H&I Adventures Ltd may use, re-use and reproduce any images, photos, or videos that you consent to and send to us, or that are taken by our guides and/or other participants of you individually or in a group, in any medium, including but not limited to print, electronic media, or internet, free of charge and without your right to inspection, for promoting and publicising our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader at the start of the tour.
32. Foreign, Commonwealth and Development Office Advice
You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) advice (UK residents only) in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Force Majeure (see clause 12).