All holidays are provided by Kudos Cycling Limited (the Company, we‚ our‚ or us) and are sold subject to the following terms and conditions.
1. Booking a holiday
1.1. Prior to making a booking please read our website (Kudoscycling.com) in full and the following terms and conditions. If you have any questions please ask us to clarify any matters. We advise that you print these terms and conditions and retain a copy for your personal records.
1.2. To make a booking you must at least 18 years of old and you need to send us, whether by post or electronically, a completed booking form plus a non-refundable deposit for each person (see section 2 ‘Non-Refundable Deposit’ for further details). We will treat each booking form submitted as an offer by you to purchase the holiday package in accordance with these terms and conditions. We will acknowledge receipt of your booking by email. If you notice any problems or errors associated with your booking on this email, please contact us at email@example.com to make any corrections. A contract will only be in place between us (all persons named on the booking form) once your deposit has been cleared we have confirmed this with you. The date on the confirmation will be the date the contract is made.
1.3. The remainder of your holiday must be paid no later than 90 days before the departure date of your holiday. We will invoice you for the remainder of the cost of your holiday. If you book a holiday less than 90 days before your departure we require full payment to be made on booking. If the balance is not paid in time we reserve the right to cancel your holiday and will apply the cancellation charges outlined below.
2. Non-refundable deposit
Your deposit is a non-refundable booking fee covering the administrative, planning, booking and research costs associated with delivering your holiday that we incur prior to and in processing your booking.
3. Cancellation by you
3.1. If you wish to cancel your holiday, the lead person on the booking form (and to whom the confirmation email has been sent) must notify us by email firstname.lastname@example.org. You will be liable for the following cancellation charges:
3.1.1. If you cancel your holiday 90 days or more before the start date of your holiday your deposit will not be refunded. Any balance you have paid at this point over and above your deposit will be refunded.
3.1.2. If you cancel your holiday within 90 days of the start date of your holiday, neither your deposit nor your holiday balance will be refunded. However, we will endeavour to fill your place/s and facilitate a refund of your holiday balance (excluding your deposit) where possible.
3.2. If Kudos Cycling Limited requires a lesser amount than set out in 3.2 and 3.3 above to cover our reasonable costs and losses caused by the cancellation, we may at our discretion charge you that lesser sum.
3.3. Kudos Cycling Limited shall take all reasonable steps to keep our costs and losses to a minimum.
4. Cancellation and changes to your holiday by Kudos Cycling Limited
4.1. We may cancel or make changes to your holiday due to (but not limited to) the following circumstances:
4.1.1. Where circumstances beyond our reasonable control arise – for example, threatened or actual war, civil or political unrest, riots, terrorist activity, natural or nuclear disaster, adverse weather conditions, disease, fire or technical problems arise with transport; and/or
4.1.2. The minimum number of people needed to operate one of our holidays has not been met. We will advise you of this no later than 90 days prior to the start date of your holiday.
4.2. If we cancel or change your holiday in either of the circumstances described above, we will endeavour to offer you an alternative holiday, where possible. If we replace your holiday with one that is of lower value, we will refund you the difference in cost. If this is not acceptable to you we will refund all payments made to us in respect of your holiday. We will not offer any refunds with respect to insurance premiums you may have taken out with any third parties.
4.3. Before requesting or accepting a refund from Kudos Cycling Limited, you should utilise your insurance cover. Please refer to condition 6 below relating to insurance.
5. Transfers to another person
5.1. If any person in your group is unable to travel, and you wish to transfer the holiday onto another person, you must notify us at least 90 days before the start date of your holiday
5.2. Transfers will only be granted where possible and subject to the other person satisfying the conditions applicable to the holiday
5.3. Both persons must accept joint and several liability for the full payment of the holiday price including any charges and additional costs we incur for confirming the transfer
6. Insurance Policies
6.1. All persons who partake in our holidays must take out sufficient insurance to cover the loss or damage of baggage, all equipment (including, but not limited to, bicycles, helmets and electronic equipment such as personal navigation devices). Insurance should also cover medical expenses and any repatriation costs if you become too ill to continue with your holiday.
6.2. We recommend that you purchase insurance specifically designed to cover the type of holidays that we offer and to the specific destinations you will be travelling to. Any claims associated with matters for which you are insured must be directed to your insurers. It is your responsibility to ensure you arrive at the start of the Kudos Cycling itinerary within a reasonable time to commence the start of the journey, as we cannot refund you outside the terms of our Terms and Conditions. We do not include flights in our holiday packages and so if you have booked flights independently, we advise that you arrange insurance to cover any costs incurred if we are forced to cancel or change your holiday (see condition 4) or if your airline cancels your flight and you are unable to make it to the start of your tour.
7. Our prices
7.1. Kudos Cycling Limited charges VAT under TOMS (Tour Operator Margin Scheme).
7.2. Any prices quoted on our website, social media, on any literature or otherwise are a guide only and are subject to change at any point until the final contract has been made between us. All prices include VAT at the appropriate rate. After the contract has been made between us we have the right to increase the price of the holiday where the cost to us of providing you with the holiday package increases:
7.2.1. Due to VAT changes or any other duties, surcharges or fees levied on your holiday package;
7.3. We will not make any such increase to the basic cost of your holiday within 90 days of your holiday start date. We will also absorb all such increases where they amount to less than 10% of the total cost of your holiday. These provisions exclude cancellation charges.
8. Cycling holidays
8.1. When booking your holiday with Kudos Cycling Limited, you accept the booking on the understanding that:
8.1.1. There are risks and dangers involved in these types of holidays, including the dangers of on and off-road cycling, other activities you may get involved with on our holidays, the dangers of travelling to a foreign country. You also accept that there are inherent risks and hazards of such a holiday, and any other risks (not limited to) poor road conditions, border restrictions, natural or nuclear disaster, disease, terrorism, fire; and civil or political unrest, and;
8.1.2. There is a possibility that other matters may occur, such as delays, loss or damage to belongings, inconvenience and discomfort and changes to your itinerary
8.1.3. You can ride at your own pace and ability. It is not a race.
8.1.4. You are expected to provide your own clothing and protective equipment during your holiday with Kudos Cycling Limited. All of which much be of good working, serviceable order and suitable for a holiday of this nature.
8.3. If you have signed up for a cycle sportive, Kudos Cycling Limited cannot be held responsible for any event cancellations or changes to the course as this will be organised by a third party.
8.4. On each one of our holidays there will be a group leader. He/she represents Kudos Cycling Limited and it is essential that you abide by his/her authority. By completing our booking form, you agree that if your behaviour is causing danger, or distress or annoyance to other members of the group, we may terminate your holiday without any liabilities on our part.
8.5. Our holidays are open to everyone and such, our groups are made up of a wide range of people and we cannot guarantee any particular composition of people in terms of age, gender etc.
8.6. Our holiday packages do not include flights and it is your responsibility to book flights separately and to arrive at the starting point on time.
8.7. If you are unable to make the arranged transfers made by Kudos Cycling Limited at the start and end of your holiday to travel back to airports/home at the end of the holiday, they are then your responsibility. We are happy to provide guidance, but these arrangements are ultimately your responsibility and must be checked by you.
8.8. Kudos Cycling Limited’s responsibility begins at the arranged start time and date of the holiday. Anyone who does not arrive in time for the start of the holiday is responsible for any additional expenses occurred to catch up with the rest of the group.
8.9. We will provide you with advice with recommendations such as climate, clothing, special equipment etc required for travelling, however, this must be checked by you and not relied upon.
8.10.If you fail to use any service, features, hotel accommodation paid for within the holiday package, we will offer no refund or compensation.
9. Vaccinations, Visas, Medical and Special Requirements
9.1. All persons partaking in our holidays must take full responsibility for being sufficiently fit and healthy to complete their holiday. We may at times ask for doctor’s certificates and if you suffer from any condition which may affect your holiday or the holiday of others, you must let us know before you make your booking. Failure to do so means we may cancel your holiday at any time.
9.2. Arrangements such as medicines, passports, visas and otherwise are your responsibility and we cannot accept liability if you fail to bring relevant medication, do not have an up to date passport or do not obtain the appropriate visa before the start of your holiday.
9.3. It is important that you state upfront any medical issues you may have prior to your holiday. Our support vehicles and guides carry basic first aid and if anything over and above this is required please discuss this with us before making your booking. We may also need to carry out a risk assessment.
9.4. If you, or any member of your party becomes ill with an infectious or contagious illness 4 weeks or less before your departure, you must tell us immediately. We have the right to:
9.4.1. refuse to accept your booking;
9.4.2. cancel your holiday; or
9.4.3. if the holiday has already started, we may ask you or the affected member of your group to leave immediately if we feel it may affect the health of others
10.1. We ask that all people partaking in a Kudos Cycling Limited holiday be respectful of fellow cyclists, local people and customs and the culture of the country you are visiting. Behaviour should not be noisy or disruptive to others particularly at night-time. Any illegal behaviour will be reported to the police and you will be asked to leave the holiday immediately. We do not tolerate any kind of offensive behaviour or language directed at others or your guide and will ask you to leave the holiday if this occurs. Dangerous behaviour whether it causes a danger to yourself or others will not be tolerated and you will be asked to leave immediately. No refund or compensation will be given in these instances and we reserve the right to refuse future booking requests from you or any other member of your party in this circumstance.
12. Kudos Cycling Limited's Liability to you
12.1. If personal injury, death or damage to your property occurs due to our negligence or fault, there is nothing in these terms that seek to limit or exclude our liability.
12.2. Except for those areas for which we do not seek to exclude liability, our total liability to you is limited to twice the basic holiday price per person as shown on your booking confirmation and invoice.
12.3. Kudos Cycling Limited will not be liable for any losses that you suffer a result of any breach of our agreement except those losses which are reasonably foreseeable to both of us at the time we enter into the contract with you. Other than this liability which we have accepted,
12.4. We shall not be held liable for any damages caused by the total, or partial failure to provide your holiday if such failure is:
12.4.1. attributable to you; or
12.4.2. unforeseeable or unavoidable and attributable to a third party unconnected with us or any of our sub-contractors; or
12.4.3. as a result of unusual and unforeseeable circumstances beyond our control including but not limited to strikes, civil or political unrest, government action, terrorist activity, natural or nuclear disaster, adverse weather conditions disease or fire; or
12.4.4. due to the theft of bicycles or injury as a result of cycling either on or off road and in particular injuries that are sustained as a result of either inadequately maintained and serviced personal equipment or failure to wear the correct safety equipment most notably cycle helmets, unless demonstrably due to our negligence.
12.5. In addition, since the services are provided to you as a consumer, we cannot accept responsibility 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 as a result of any breach of our agreement.
12.6. We will also not be liable for direct damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any travel services not provided by us, and which we could not reasonably be expected to be responsible for.
13. Complaints Procedure
13.1 Any complaints you may have during your holiday should be made directly to the group leader and/or the local representative. He/she will then take appropriate action. If, at the end of your holiday, you feel that your complaint was not dealt with to your satisfaction, you must write to us or email us within 28 days of the end date of your Kudos Cycling Limited holiday and we will take the matter further.
14. Holiday Details and Information
Please note that all information given about our holidays on our website or otherwise, is intended merely to present a general idea of the holiday. Information is correct to the best of our knowledge. You will be provided with an itinerary for your holiday giving details such as, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. Changes in all of these items may be made at any time and we will notify you of any changes that we become aware of as soon as we are reasonably able to do so.
15. Your Safety and Belongings
15.1.Please note that bicycles are particularly vulnerable to theft, and your baggage and belongings (including items that you have hired or otherwise) are your own responsibility.
15.2.It is imperative that you follow any safety advice given to you by the group leader during your holiday, this is not only for your own safety but also for the safety of others. This includes wearing a cycle helmet at all times.
15.3.We do not allow the following items on our holidays: shotguns, knives, firearms, air weapons, archery equipment, fireworks or illegal substances.
16. Equipment and Accommodation
16.1.We use a range of accommodation providers for our holidays. By booking, you agree to abide by their own terms and conditions for which they accept guests.
16.2.Any equipment or facilities that you use should be kept clean and tidy. We reserve the right to charge you for any damage, missing items or extra cleaning required.
16.3.We reserve the right to enter your accommodation at any time for any reasonable purpose, e.g. to make checks, or carry out essential inspection, maintenance work, housekeeping or repairs.
16.4.We reserve the right to use different equipment to that which is described on our website or otherwise
16.5.Please ensure that any equipment and baggage that you bring is properly maintained, marked and insured. We will take reasonable care when transporting your property and equipment, however we are not responsible for any damage caused by a third party unconnected with the provision of the services contracted for, whether such damage is caused during the holiday or whilst the equipment is being transported.
17. Compensation payable by you
17.1.By making a booking with Kudos Cycling Limited you agree that we have the right either during or after your holiday to recover from you, either via the credit card or debit card used to pay for the holiday or otherwise, the costs of:
17.1.1. any compensation we may pay to others, including others on the holiday , resulting from your acts or omissions; and/or
17.1.2. any damage you have made to property, equipment or accommodation any property
17.2. any other charges, fees or levies we may incur resulting from your action or inaction and from any breach of these conditions.
18. General Conditions
18.1.These terms and conditions may only be waived by one of our directors in writing.
18.2.These booking conditions are governed by English law and both you and we agree to submit to the non-exclusive jurisdiction of the English courts.
18.3.Unless you notify us otherwise, by making a book, you consent to us using any images taken of you on any of our holidays without charge in all media at any point in time. For example, for use on our website, social media, brochures and videos.
18.4.We may transfer and / or assign its rights and / or its obligations under these terms and conditions. This will not affect your rights under this contract. You may not transfer any of your rights or obligations under these terms and conditions without our prior written consent, which we may not unreasonably withheld.
18.5.You are responsible for the supervision of all members of your party under the age of 18.
18.6.If either you or we breach this contract and the party not in breach ignores this, the party not in breach will still be entitled to use its rights and remedies at a later date.
18.7.If any part of these terms and conditions is unenforceable (including any provision in which our liability to you is excluded) the enforceability of any other part of these terms and conditions will not be affected.
18.8.A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
19. Optional Extras (E.g Bike Hire and Bike Boxes)
19.1.If you wish to use any optional extras, you must book these in advance. We will confirm your booking once we have received payment from you.
19.2.The equipment, including all accessories supplied, is let out on a hire basis. The equipment remains our property and you will not sell, hire out or otherwise part with the possession thereof.
19.3.You agree to return all equipment and accessories in the same condition as to when you received it (except for wear and tear). We reserve the right to charge you for any damage caused by your act or omission. In the event that the equipment does not not work, other than a result of your misuse, we will endeavour to repair the equipment.
19.4.In the event of the equipment being stolen or lost, we reserve the right to call upon you to indemnify us for the cost of the replacement of the equipment. However should the equipment subsequently be returned in a satisfactory condition, we will refund you within 14 days.
19.5.You must ensure that the equipment is adequately locked or secured when not in use and to not use the equipment whilst under the influence of alcohol or drugs and immediately notify us in the event of the breakdown or loss of the equipment.
19.6.We may use a third party to facilitate some optional extra services; in such cases we will be clear and transparent about this. Upon accepting their service you are agreeing the third party’s terms and conditions.
20. Discounts, Incentives and Offers
20.1. You may not advertise, use, give or resell your holiday or any discount offer associated with it or offer to do so (for profit or otherwise) or use it in connection with a competition, promotion, business and charitable or any other similar venture without our express advance written permission.