The Terms and Conditions detailed below apply to all entrants participating in events produced by Black Rat Challenge. The purchase and entrance into this event by every participant acknowledges the acceptance of these Terms and Conditions.
We would like you all to have a great day and a memorable experience. You can help us to achieve this by reading and taking note of the following:
Your contract is with Black Rat Cycle Events.
Office Address: Unit 52, Spike Island, 133 Cumberland Road, Bristol, BS1 6UX
Important: for clarity, a holiday package is classed as containing 2 out of 3 elements: transport to the destination; accommodation in the destination; transfers between the hotels used or from the likes of an airport to the hotel. If you book a hotel only, without flights or airport transfers or coaches between hotels (as part of a multi day tour), this is not a holiday package, and therefore not covered by EU consumer financial protection legislation.
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 you pay your holiday deposit online. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us within 7 days of the deposit payment date. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 12 weeks of travel.
Black Rat Cycle Events has no control over the event (if participating in a scheduled sportive) 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.
ITEMS WHICH MAY BE INCLUDED IN YOUR HOLIDAY – PLEASE CHECK YOUR ITINERARY TO SEE WHAT IS INCLUDED WITHIN YOUR ACTUAL TRAVEL ARRANGEMENTS, AS THESE VARY FROM TRIP TO TRIP AND WILL BE CLEARLY DEFINED IN THE ITINERARY.
• Return airport transfers where applicable, as outlined on the website or in your itinerary.
• Accommodation for the duration, in the hotel and on the meal basis stated or offered, including mandatory local taxes or in self catering (as stated).
• International / domestic coach transport as specified.
ITEMS NOT INCLUDED IN YOUR HOLIDAY UNLESS STATED (not exhaustive)
• Race/event entry. This is specified in the individual tour itinerary.
• Travel insurance. It is strongly recommended that you take out some form of insurance with all our UK and foreign inclusive tours.
• Insurance cover for any of your possessions, including without limitation sports equipment and bicycles.
• Any flight, meal, room or apartment supplements as details in the individual tour itinerary.
• Any other items listed as optional extras e.g. excursions.
• Any additional expenses incurred such as unforeseen travel or medical expenses which are not anticipated in the itinerary.
• Cost of visas and passports – where required
Please note special requests, mountain views, etc cannot be guaranteed unless you have been able to book the actual rooms in question.
2. Your Holiday Price
1) We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
2) When you make your booking you must pay a deposit of at least 25% of the holiday cost per person plus non refundable items such as event entry fees, together with any other items which we require to be paid in advance – these will be clearly stated at the time of booking. Generally, the likes of Hospitality tickets and event tickets will require full payment at the time of booking and be non-refundable and non-transferable.
The balance of the price of your travel arrangements must be paid at least 12 weeks before your departure date, unless otherwise noted. 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.
3) We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements due to price increases by hotels / travel operators or currency fluctuations, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. The increase of 2% DOES NOT include air fare increases or any other cost incurred that was not arranged by us.
3. 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 4. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
4. If We 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 of them at the earliest possible date. Occasionally some facilities at a hotel or venue may become unavailable at very short notice – we will try and advise you as soon as we possibly can. It is hoped that the hotel in questions will have or make alternative provisions for you to continue to enjoy your trip.
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.
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:
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure. This means that 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 (for example, the disruption or closure of airports or other transport systems), terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions. In the unlikely event of the cancellation/postponement of the sporting events for whatsoever force majeure reason, Black Rat Cycle Events cannot be held responsible in any way for any monetary loss, inconvenience or any other circumstances, including non-refundable events fees.
5. If You Have A Complaint
If you have a problem during your holiday, please inform the Black Rat Cycle Event 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 email@example.com
giving your booking reference and all other relevant information. Please keep your email concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
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 and complete a report form whilst in resort or on the tour. 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.
6. 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, up to a maximum of twice the cost of your travel arrangements you have booked with ourselves, if this has affected 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. We will have no liability in respect of the death or personal injury of a Customer in so far as that death or personal injury was not caused by the Company’s negligence or that of its employees or contractors, and it is the Customer’s responsibility to obtain relevant insurance. Black Rat Cycle Events is insured against death or personal injury caused by its own negligence, act or omission.
For those who participate in sports whilst travelling with us, that have been organised and arranged completely independently of us, it should be understood that such participation is at the Customer’s own risk and we accept no liability whatsoever for any loss or damage arising from such participation. We act purely as an agent for the local provider, and it is therefore up to the Customer to satisfy themselves that the sports activity meets applicable health and safety standards. As an agent, the Company is not in a position to give any warranties to that effect.
And for those who participate in sports whilst on holiday, that have been organised and arranged independently of us, it should be understood that such participation is entirely at the Customer’s own risk, and we accept no liability whatsoever for any loss or damage arising from such participation.
It is the Customer’s responsibility to obtain adequate insurance for whatever sports they intend to participate in whilst on holiday.
In the event that we strongly advise the Customer not to participate in a particular activity and the Customer then proceeds to participate in such activity contrary to our advice, he/she does so entirely at his/her own risk and we shall have no liability to the Customer in respect of any personal injury, loss or damage that he/she may suffer as a result of participating in such activity.
We are not qualified to express an opinion confirming whether or not the Customer is fit to participate in sports activities and the Customer will be responsible for ensuring that he/she has the level of fitness required to participate in such activities. The Customer shall not participate in sports activities if he/she is suffering from any serious medical condition, is pregnant, or has recently undergone surgery unless he/she has a certificate confirming his/her fitness to participate in sports activities. The Customer must not participate in sports activities if he/she is under the influence of alcohol or drugs.
Whilst our staff will try and answer Customer queries in a helpful manner, should the Customer have a query that does not fall within that person's area of expertise in the opinion of a reasonable bystander, the Customer should not rely on the advice of our staff, and should employ an appropriate specialist to provide them with the advice that they seek.
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 tour 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.
Similarly there may be occasions, 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), Black Rat Cycle Events will not be liable for any loss or damages occurring as a result.
7. 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.
8. 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.
9. Conditions of Carriage
Please note that the coach operators that we use will have their own Conditions of Carriage which you must comply with and these will be incorporated as terms of this contract. Where there are material inconsistencies between these Booking Conditions and the Conditions of Carriage the Conditions of Carriage will take precedence. We will supply a copy of the conditions of carriage applicable to your holiday if you request them.
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 will need to to contact you from time to time using this information. This will normally take the form of an email. Sometimes emails are individually addressed i.e. only to you, and on other occasions, they may be addressed to a group into which you may be included.
We may occasionally contact you to inform you of products and services from Black Rat Cycle Events. 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. You also have the right to be "forgotten" i.e. if you request that we erase your data from our systems, we will do so completely and no records will remain under our or any associated companies control.
B. Health Regulations
We advise all customers to check what the latest health requirements are for travel to their chosen destination. Please consult your doctor, practice nurse or travel health clinic and/or obtain the relevant health leaflets e.g. the D.O.H. leaflet "Protect your Health Abroad” from your local Post Office or the Department of Health. Also consult the following websites for advice: www.foc.gov.uk. www.dh.gov.uk, www.hpa.org.uk and www.nathnac.org
For Foreign Office advice on travelling to other countries, please refer to www.fco.gov.uk/knowbeforeyougo
C. Tickets and Tours documents
These will be sent to you approximately 10/14 days before departure and may arrive by post or email.
D. Event Entry forms
For some events entrants are obliged to fill in the appropriate official entry form, which we will send you. This form must be returned within 7 days, or the specified date for that event, to the issuing office or a specified location and are subject to the conditions of entry over which we have no jurisdiction. Failure to return the signed entry form within the specified time could result in your race entry being refused and your booking cancelled with the loss of all monies paid. All requested medical information must be supplied otherwise the entry may be invalid.
E. 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.
F. Room Sharing
If you are travelling alone and do not wish to pay the applicable supplement for a single room, we will, if you wish and subject to availability, match you up with someone of the same sex on a "twin to share” basis wherever possible. If you select a room sold on this "twin to share” basis you will be sharing with another participant on the tour and not have sole use of the room. In such cases we are not allowed to give any details regarding the name, address or phone contact of the parties requesting sharing arrangements. Please note, you must inform us in advance of any medical conditions or personal issues that may negatively impact on someone else’s enjoyment of the trip, for example, snoring – if you do not inform us, then we reserve the right to change your booking to a single room and for you to pay the balance.
Please note that where a room has been booked for one person only, whether it be a single room or the sole occupancy of a larger room, no other person is permitted to stay in that room, even if there is physically space for that person.
You are required to take out your own travel insurance policy before the date of travel. The policy must cover you for cycling and participation in organised cycling events. If you are entering a cycling race, the insurance policy must cover race participation.
You must arrange adequate insurance for your own possessions, including bicycles and other sports equipment, etc. Please note, we are unable to insure your possessions, as we do not have an "insurable interest” in these. We are not liable for these possessions should something happen to them.
H. Tours and itineraries
Whilst we try very hard to deliver your tour itinerary as specified at the time of booking, sometimes circumstances beyond our control may prevent us from providing the exact tour itinerary that is advertised and in such circumstances we do not assume liability for any loss of the advertised elements of the itinerary. Please see the rest of these terms and conditions for further details.
I. Behaviour at hotels or venues
Please note, if your behaviour at any of the hotels or venues that we use leads to damage or costs being levied by suppliers, we will seek redress and recoup these costs from you or direct the supplier to you to take action. This could include damage to property.