SECTION ONE: PACKAGE HOLIDAY BOOKINGS
YOUR CONTRACT IS WITH SPORTIVE BREAKS LTD
A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.
When you make your booking you must pay in full. For group bookings of four people or more, a deposit of 25% of the total cost per person can be paid. The balance of the price of your travel arrangements must be paid at least 90 days before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received via email at firstname.lastname@example.org. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows:
Period before departure Cancellation charge
in which you notify us
More than 120 days Deposit of £299 per person
More than 91 days 50% of holiday cost
Less than 90 days 100% of holiday cost
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay any further cost we incur in making this alteration. 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. Note: Certain travel arrangements (especially sportive entries) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
As we plan your holiday 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. We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
If we cancel or significantly change your booking you will have rights to a refund and possibly compensation, see clause 6 below.
We can change your holiday price after you’ve booked, only in certain circumstances:
Changes in transportation costs, including the cost of fuel and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 60 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within 14 days from the date on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. 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.
If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).In some cases we will pay compensation (see below).
If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see below). These options don’t apply for minor changes. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
Insurance If we cancel or make a major change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
Compensation If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|IF WE CANCEL OR MAKE A MAJOR CHANGE TO YOUR HOLIDAY|
|Period before departure in which we notify you||Amount you will receive from us|
|More than 60 days||£50|
|More than 7 days||£100|
|Less than seven days||£250|
Force Majeure We will not pay you 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 or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics.
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However 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. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. We are not liable for any damage incurred to your possessions including bikes, rental bikes or luggage. The cost of any damage incurred to rental bikes or property owned by Sportive Breaks or a third party is your responsibility. Our liability will also be limited in accordance with and/or in an identical manner to
You can ask for copies of the transport contractual terms, or the international conventions, from [your contact details]. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted.
NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
ABTA: We are a Member of ABTA, membership number Y6498. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at [insert address] giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple 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. Please also see clause 9 above on ABTA.
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
This contract is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
We reserve the right to alter the prices of any of the holidays shown in any printed material including our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
SECTION TWO: ACCOMMODATION ONLY OR SPORTIVE ENTRY ONLY
These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Sportive Breaks Limited, Registered Office: 10 Staines Road, Twickenham, United Kingdom, TW2 5AH (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. 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.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
Our website offers accommodation, transfers and other services that are available to be purchased separately. In other words, you may decide to just purchase accommodation from us or you may decide to purchase accommodation and a transfer, etc. Whatever you decide, we will treat each element as a separate booking so that the price charged in total for the booking of more than one element will always equal the prices charged separately for each individual element. To help you to identify which element you would like to book, prices on our website are listed by element and each element of the booking is available to buy separately at the same price as it would be if more than one element is booked. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; b) you pay us with full payment; and c) we issue you with a booking confirmation. We reserve the right to return your payment and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking.
It is your responsibility to check your booking confirmation invoice and to urgently advise us if there are any errors or omissions. It is your responsibility to ensure that all names are shown exactly as written in each passenger’s passport. It may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 90 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 the cancellation charges set out in clause 7 below will become payable.
The price of your arrangements will be confirmed at the time of booking.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed bookings.
The price of your confirmed booking is subject at all times to changes in transport costs, such as fuel, which are part of our contracts with transport provider’s; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements.
We endeavour to ensure that all of the information and prices both on our website and in any of our brochures are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. We strive to ensure accuracy of descriptions shown however we are not always able to control all the components of your chosen arrangements and it is possible that an advertised facility may be withdrawn or changed.
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, medical expenses and repatriation in the event of accident or illness. 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.
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your arrangements 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 arrangements 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.
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. 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 incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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.
Please Note: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. If fewer people travel than originally booked there may be extra charges to pay which will be advised to you when you make the changes.
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. 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. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
Number of days prior to departure when written confirmation is received by us: Cancellation charge as a % of total price of the element(s) of the booking cancelled:
120 days or more 25% of total price or £299 deposit whichever is greater.
119-61 days 50%
Less than 60 days 100%
Please Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
We may in exceptional circumstances be required to cancel your booking in which case we will provide you with a full refund of all monies paid. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
No refund will be paid if we cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by “force majeure” (see clause 9 below) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
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 any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather conditions and all similar events outside of our own or the relevant supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
(1) We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the booking in question or any acts or omissions of the supplier, its employees or agents.
(2) We will have no liability for any personal injury that arises during your use of the services, unless any such injury is caused by our negligence. Please note that it is your responsibility to show that we have been negligent if you wish to make a claim against us and whether or not we have acted negligently will be judged in accordance with the local health and safety standards.
(3) 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 act(s) and/or omission(s) of the person(s) affected;
(b) The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) An event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause in the following ways:
(a) 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 applicable excess on your travel insurance policy because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above or involving injury, illness or death
The maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves strictly in accordance with the complaints procedure set out in these conditions.
(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves 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.
(7) Please note we cannot accept any liability for:
(a) Any damage, loss or expense or other sum(s) of any description 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; or
(b) Any business losses.
(8) We will not accept responsibility for services or facilities which do not form part of our agreement with you or where they are not advertised on our website. For example any excursion you book whilst away.
All classifications of properties have, wherever possible, been taken from official ratings. We cannot accept responsibility for changes occurring after publication on our website.
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. We do not accept bookings that are conditional upon any special request being met.
We are not a specialist disabled travel 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 stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. 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 make every effort to ensure that your chosen arrangements run smoothly but if you do have a problem during your trip, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact [insert]. 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 within 28 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.
Please note that we do not offer an Alternative Dispute Resolution service
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guest. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately.
When riding in a group you must follow the Sportive Breaks group road rules which will be emailed to you. Wearing a helmet at all times in compulsory. On certain trips (particularly including mountain trips which involve routes through tunnels) lights are mandatory.
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 service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service 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 from the hotel. 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. On a Sportive Breaks tour,
15.1 Your Obligations:
15.1.1 You shall follow the instructions of your Sportive Breaks professional guide at all times; 15.1.2 ensure that you are of an appropriate level of fitness to participate in your trip; 15.1.3 notify us of any medical ailments from which you suffer which may affect your ability to participate in the trip; 15.1.4 wear a helmet at all times whilst cycling; 15.1.5 not cycle when under the influence of alcohol or drugs; 15.1.6 ensure you have travel insurance, providing you with cover for baggage, cycling equipment and medical expenses whilst you are on your trip.
15.2 If you bring and ride your own bike on your trip, you hereby confirm and
acknowledge that: 15.2.1 it shall be suitable for your trip, well maintained and in good condition; and 15.2.2 you shall be solely responsible for assembling, repairing and maintaining your bike during your trip. 15.2.3 If you rent a bike from us during your trip, we hereby confirm and acknowledge that: 15.2.4 it shall be suitable for your trip, well maintained and in good condition; and 15.2.5. we shall be solely responsible for assembling, repairing and maintaining your rented bike during your trip and you agree that you shall not attempt to assemble, repair or maintain your rented bike during your trip.
Please Note: where your booked arrangements include entry to a cycling event, we will provide you with tickets or documentation for the purposes of gaining entry to that event, prior to your departure. You must ensure that you take the relevant ticket or documentation with you and are able to present it at entry to the cycling event. Failure to do so will likely result in you being unable to gain entry to the event and we accept no liability for any such failure.
Where any wider entry requirements are imposed by event organisers, we will let you know in good time before your departure. As with tickets, it your sole responsibility to ensure that you comply with any applicable entry requirements and we will accept no liability if you are prevented from taking part in an event due to a failure on your behalf to comply with any such requirements.
It is your responsibility to check and fulfill 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 www.passport.gov.uk.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders, including other 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.
Many of the services which make up your booking 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 ourselves or the supplier concerned.
These Booking Conditions and any agreement to which they apply are exclusively 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 subject to the exclusive jurisdiction of the Courts of England and Wales.
You can find official travel information here – www.gov.uk/browse/citizenship/passports
Please check official travel advice before travelling – www.gov.uk/knowbeforeyougo
PEARSON INSIDE OUT GRAVEL SERIES
Terms covered by Sportive Entry Only T&Cs above AND
1.Sportive Breaks & Pearson Cycles may exercise its sole discretion to use the entrant’s (and (if applicable) their companion’s) name, address, and image and their comments relating to the ride for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
2. Information and data (“personal data”) which is provided by entrants when they enter will be held and used by Sportive Breaks & Pearson Cycles in order to administer the events.
3. Sportive Breaks shall comply with all applicable requirements of the Data Protection Act 2018, the General Data Protection Regulation, any successor legislation or other applicable law.