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Gusto Booking Conditions
Booking Conditions – 2012 Your contract is with Gusto Cycling, Registered office: Gusto House, 228 Bradway Road, Sheffield, S17 4PE. Company registration number 7034724. 1. Your holiday contract 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. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. When you make your booking you must complete a booking form, accepting on behalf of all your party the terms of these booking conditions and pay the deposits of £150 per person or full balance if within 10 weeks before travel. Gusto Cycling has no control over any of the events and whether it takes place. If the event were to be cancelled this does not affect the remainder of the holiday continuing as planned and does not allow the client to cancel the remainder of the holiday. The company’s liability is limited to the cost of the entry fee. ITEMS NOT INCLUDED IN YOUR HOLIDAY • Travel insurance. It is strongly recommended that you take out some form of insurance. • Meal supplements as detailed in the individual tour itinerary. • Any other items listed as optional extras e.g. excursions. • Cost of visa – where required Please note special requests, such as low floor, sea views, etc cannot be guaranteed. 2) Is my holiday safe if things go wrong? In the current financial climate it is re-assuring to know that all Gusto Cycling are covered in the event that we cease trading. Gusto Cycling hold a Tour Operator Failure Insurance Scheme taken out with Status Insurance in compliance with the Package Holiday Regulations 1992. 3. Your Holiday Price a) We reserve the right to alter the prices of any of the holidays shown in our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. b) When you make your booking you must pay a deposit of £150 per person. 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 reserve the right to cancel your travel arrangements and retain your deposit.. c) The price of your travel arrangements were based on en exchange rate of £1 to Euro 1.07 as at 1st December 2009. If the price changes before the balance of paymentafter you have booked. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements. 4. If You Change Your Booking If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date, 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. You will be asked to pay an administration charge of £25 per booking. If the number of people on a booking changes, the holiday price will be recalculated on the basis of the amended party size the holiday costs will be recalculated on the basis of the amended party size and you will need to pay any difference in the holiday price. 5. If You Cancel Your Holiday 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 at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 7. Please note that any costs, such as event entry fees which have been prepaid, may not be repaid in the event of cancellation.Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. 6. Change or Cancel Your Holiday It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements, for example, if the minimum number of clients required for a particular travel arrangement is not reached by the balance due date. However, we will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, 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). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause. In accordance with EU Regulation 2111/2005 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 booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below: 7. IF YOU CANCEL YOUR HOLIDAY Period before departure within which notice of Cancellation is received by us/Amount of cancellation charge More than 60 days – loss of Deposit 59 - 29 days 40% of holiday cost 28 – 8 days 90% of holiday cost Less then 7 days 100% of holiday cost B) Force MajeureExcept where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance, or prompt performance, of our contractual obligations to you is prevented or affected, or you otherwise suffer any damage, loss or expense of any nature as a result of ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events or circumstances may include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, ipandemics/epidemics and all similar events outside our control including non-refundable event fees. 8. If You Have A Complaint If you have a problem during your holiday, please inform the relevanthotelier, Gusto host or representative immediately who will endeavor 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 Gusto Cycling giving your holiday reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay. 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 tour and this may affect your rights under this contract. 9. Our Liability to You 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 twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and (b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Health and Safety standards applicable to the elements of the holiday booked with us should meet the local regulations of your destination, however please note that these may not be the same as in the UK and may vary from destination to destination. All tours descriptions are advised by us in good faith and every care is taken to ensure their accuracy. However, since we include so much detail and since the tours are prepared up to 12 months in advance, there may be occasions when an advertised facility or entertainment is not available during your own particular tour. Certain facilities e.g. swimming pools, require maintenance and sometimes have to be temporarily withdrawn from use for such work to be done. especially during the low season, where certain advertised schedules, entertainment or amenities are changed, cancelled or curtailed. Further, the operation of certain amenities and facilities may be subject to local licensing laws or religious holiday. Government or local authority restrictions may also dictate that a hotel or apartment limits certain facilities e.g. air-conditioning or water supply, in the cause of conservation. Should any of these examples occur (or any other incidents of a similar nature), Gusto Cycling will not be liable for any loss or damages occurring as a result. 10. Prompt assistance in resort If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to 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, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. 11. Passport, Visa and Immigration Requirements 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. 12) OTHER IMPORTANT INFORMATION A. Data Protection To ensure that your holiday runs smoothly, we need to supply your key information to specific suppliers involved in the organisation of your holiday. We may occasionally contact you to inform you of products and services from Gusto Cycling. Should you wish not to be kept up to date with this information, please contact us. You have the right to see any information we may hold relating to yourself. B) Tours documents These will be sent to you approximately 14 days before departure and may arrive by post or email. C) Hotel Check In/Check Out The standard international practice is to let rooms from mid afternoon on the day of arrival until mid morning of the day of departure. Occasionally when you arrive at your accommodation, you may have to wait a short while until your room is ready. Similarly, if you are leaving the destination on a flight later in the day, you may be required to check out of your hotel room earlier in the day. In some cases, you may be able to extend you stay in your room or have access to facilities at the accommodation to change and refresh yourself in, but we cannot guarantee this, and this should be arranged with the accommodation management. D) Insurance Gusto Cycling highly recommends travel insurance in the event of a medical emergency, lost baggage, or if you need to cancel your trip. In addition it is recommended that EU Nationals hold an EHIC card for reciprocal health care provision within the EU. Online application is available from www.ehic.org.uk. E). assengers with Health Considerations/DisabilitiesOur holidays may not be suitable for people with certain disabilities or medical conditions. If you have a disability, some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. We always endeavour to assist if we reasonably can where additional equipment needs to be transported in relation to a disability or medical problem. Should you suffer from any disability or medical condition which may affect your or other passengers’ holidays, you must provide full verbal and written details at the time you book the holiday, including any specific requirements you have. Additionally, at the time you book the holiday, you must provide verbal and written confirmation that all assistance required will be provided by your travelling companion(s). You must also notify us of any changes or deterioration in the disability or medical condition, or development of any disability or medical condition after booking. In view of the nature of our holidays, we regret we must reserve the right to decline any booking or cancel (in the event of the development, deterioration or change of any disability or medical condition occurring after confirmation) whenever we reasonably feel unable to accommodate the needs or restrictions of any particular customer or where, in our reasonable opinion, the medical condition or disability of the customer concerned is likely to have a significant adverse effect on other customers taking the same holiday. We further reserve the right to cancel any holiday and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time the booking is made and/or promptly notified of any development, change or deterioration occurring after booking. On occasions, the decision to cancel can only be made at the time the person concerned joins the coach for the first time as it may only be apparent at this stage that their disability or medical condition cannot be accommodated. Any customer affected by a disability or medical condition must ensure they have notified this to their travel insurers, and that their travel insurance will cover it. As it is a condition of booking that all customers have adequate and appropriate travel insurance, we are entitled to insist on evidence that the disability or medical condition is covered. F. BehaviourWhen you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. If the actual cost of the loss or the damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will be responsible for meeting any claims subsequently made against us and all costs incurred by us(including our own and the other party’s full legal costs) as aresult of your actions. In the event of any customer behaving in such a way as is likely, (in our reasonable opinion or the reasonable opinion of any person in authority) to cause offence, danger, damage, discomfort or distress to others, we reserve the right to terminate that person’s holiday arrangements. In this situation, we will not be liable to complete your holiday arrangements (including return travel arrangements) and will not pay you, nor be liable for, any refund, compensation, or any other costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation, or if facilities are removed as a result of their action. G. BOOKING YOUR OWN FLIGHTS If you book your own airline reservation, all flight bookings will be your own responsibility and are subject to the terms and conditions of the airlines involved. In the unlikely event of your flight being cancelled or changed by the airline, we regret we cannot permit the change or cancellation of the holiday arrangements without payment of the applicable charges as set out in our booking conditions. If you book your own flights and wish to make use of our included airport transfers (providing your flight is scheduled to arrive at a time which fits in with these) In the event of a delayed arrival at the airport we will endeavour to provide transfers in the event of your delayed arrival at the airport due to flight delays. H) SINGLE ROOMS If you book a single room, it is highly likely that you will be allocated a single room and not sole occupancy of a double or twin room. However, should you require a double or twin room, this will be on request only with an added supplement charge if available. I) WEB SITE ACCURACY CHANGES & ERRORS Our website content are produced many months in advance of your holiday, and whilst every effort is made to ensure the accuracy of the web site(s) and prices at the time of publishing, regrettably errors do occasionally occur. Whilst we endeavour to maintain web site prices, we must reserve the right to increase or decrease them at any time after publication as our costs change and exchange rates fluctuate. We also have the right to correct errors. The current prices of our holidays are shown on our website and are available by telephone. J) PRIVACY STATEMENT Gusto Cycling are data controllers. In order to process your booking, we need to collect certain personal details from you. These include, where applicable, the names and contact details of party members, credit/debit card or other payment details and special requirements. We need to pass on your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your hotel, other supplier, insurance provider, credit/debit card company or bank). We may store and use your personal details (except sensitive personal details) for future marketing purposes (for example, sending you an e-mail of future cycling programmes. Except as permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise.
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