We are Tom Hutton MTB Guiding. ’We’, ‘us’ and ‘our’ of Eagles, Waunfawr, Caernarfon, Wales LL55 4BQ. 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 transferred. A ‘package’ and ‘lack of conformity’ have the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018. ‘Arrangements’ are all the mountain bike tour and other arrangements detailed on your confirmation, including any additions or amendments.
You accept that mountain biking can be hazardous, and that there are times when it can involve risk of injury or even death. It can also involve periods of discomfort. By agreeing to these terms and conditions, you agree to take full responsibility for your own actions.
Key terms of our agreement
- You will enter into a binding contract with us when we issue our confirmation invoice. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, these charges could amount to up to 100% of the cost of them.
- You can make changes to your confirmed arrangements in certain circumstances. We may make a charge for processing these changes.
- We may make changes to and cancel your confirmed arrangements, but we will provide suitable alternatives and pay you compensation in certain circumstances if we do so.
- We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.
- Some of our arrangements involve physical exertion and/or risk.
Accuracy of information and booking errors
We try to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 8.
Our agreement becomes binding when we issue a confirmation. Please check all details on the confirmation (or any other document we issue) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within 10 days of our sending it out. It may harm your rights if you do not.
The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Clause 1: payment
An agreed non-refundable deposit is payable at the time of booking. You must pay the final balance no less than 10 weeks before the date upon which your trip is due to start. Failure to pay by this date will result in a £25 per person late payment charge.
You must make payment for your arrangements in accordance with the instructions we give you. If we do not receive any payment due 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 6 will become payable. In the case of international payments, you must ensure that we receive the full GBP Sterling amount. You will be responsible for all bank charges, withholding taxes, and exchange rate fluctuations.
You can pay by online bank transfer or Paypal. On receipt we will try to place the booking for you at the same price, although this cannot be guaranteed. We will however notify you should there be an increase in price.
Clause 2: insurance
We strongly recommend that you take out adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues and repatriation in the event of accident or illness. Details of a policy suitable to cover your arrangements are available at www.snowcard.co.uk. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Clause 3: special requests
You must tell us about any special requests relating to your arrangements at the time of booking and confirm them to us in writing. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. If we are able to specifically confirm a special request or requirement, we will do so on our confirmation. Where requests or requirements have not been confirmed in writing on our confirmation, failure to meet them will not be a breach of contract on our part.
Clause 4.: hazardous nature of trips, health, disabilities and medical problems
The trips we offer are by their nature inherently dangerous. By participating in these events, you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events – see clause 2. You must have a good level of fitness, strength, skill and endurance. It is your responsibility to ensure that you have the appropriate level.
We will always try to accommodate everybody, but we reserve the right not to guide or instruct somebody if their lack of appropriate fitness or skill will affect the safety or ruin the enjoyment of everybody else. We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements or which might affect your riding or ability to partake in the day, please provide us with full details before we issue our confirmation.
We will only provide precise information on the suitability of the trip or holiday taking into account your needs if you specifically request us to do so. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.
Clause 5: price
We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed arrangements.
The price of your confirmed arrangements is subject to variations which occur solely as a direct consequence of changes in:
- a) the price of the carriage of passengers resulting from the cost of fuel or other power sources
- b) the level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports
- c) the exchange rates relevant to the package
We will calculate price variations by applying the cost differential we experience as a result of the above factors. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days before you are due to depart.
If your arrangements are a package, and if that means that you have to pay an increase of more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services), we will offer you the options in clause 7.
If prices go down as a result of the above factors, we will make a reflective refund. But we will also deduct our administrative expenses from what is owed to you and this may extinguish the value of the refund due.
Note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on price due to contractual protections in place.
Clause 6.: changes and cancellations by you
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us. It will be effective from the date on which we receive it. We cannot guarantee that changes can be met, although we will do our best to assist.
Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking, we will treat this as a cancellation by you.
You may cancel any package arrangements before they start, following the process outlined above, in the event that:
- a) circumstances amounting to unavoidable and extraordinary circumstances (as set out in clause 8) are occurring at the place where your arrangements are due to be performed or its immediate vicinity, and
- b) the performance of your arrangements will be significantly affected by those unavoidable and extraordinary circumstances. In this event, you will receive a refund without undue delay of any payments made but this is the maximum extent of our liability. We regret we cannot meet any other expenses or losses you may incur as a result.
If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than 7 days before departure. You must also pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers.
Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you cannot find a replacement, the cancellation charges below will apply to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Please note that in relation to some tours (for example those to India) the local authorities will not permit name changes once passport details have been supplied for entry purposes. In such situations, transfers of bookings will not be permitted.
Charges in the event of a cancellation
In the event of a cancellation, your deposit will not be refunded. In addition, further cancellation fees will be payable, calculated according to the date on which we receive written notice of your wish to cancel. If you cancel 10 weeks or more in advance of the travel date then the cancellation fee will be a minimum of 25% of the total booking cost, or the total amount paid to us at that time on the booking. If you cancel within 10 weeks of the travel date, then the cancellation fee will be 100% of the total cost of the booking.
Under our ‘Deposit for life’ scheme, where you need to cancel your arrangements before the date on which the final balance is due, any monies paid for any trip can be deferred to any future Tom Hutton MTB Guiding trip.
No refund will be made should you leave an event early. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Charges in the event of a change
In the event we can meet your requested change, you may have to pay our charges as well as any applicable rate changes or extra costs incurred, any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
Clause 7: changes and cancellation by us
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, unless that lack of conformity is attributable to you.
Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 11.
Changes and cancellations before departure
Most changes will be insignificant and we reserve the right to make them. If we make an insignificant change to the main characteristics of any package arrangements, we will try to notify the change to you as soon as reasonably possible before your departure. We will have no other responsibilities to you in respect of any insignificant changes. Please note that the replacement of a tour leader on a tour with a leader having the same level of experiences as that originally advertised will amount to an insignificant change.
Occasionally, we have to make a significant change and we reserve the right to do so. A significant change is one where we significantly alter any of the main characteristics of your confirmed arrangements. If we have to make a significant change or cancel before departure, we will inform you without undue delay. If there is time to do so before departure, we will offer you the choice of the following options:
- a) (for significant changes) agreeing to the changed arrangements
- b) accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid
- c) accepting an offer of alternative arrangements of comparable standard from us, if available
In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will notify you of any price reduction or additional amount due.
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable. If you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
Subject to the exceptions detailed below and where your arrangements are a package, we will, where appropriate, pay you reasonable compensation, subject to the limitations and exclusions in section B of clause 11. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We will not pay you compensation where:
- a) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements
- b) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 8
- c) we cancel your arrangements no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached
We will not make a price reduction or pay you compensation, and the above options will not be available where:
- a) we make an insignificant change
- b) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms)
- c) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations to package arrangements after departure
If we become unable to provide a significant proportion of your package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. Where our original agreement included return transport, we will also provide you with equivalent transport back to your place of departure without undue delay or additional cost.
You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with this clause, where appropriate and only where your arrangements are a package, we will pay you compensation subject to section B of clause 11.
We have no control over the weather. Unfortunately, there is always the risk that you may be unable to take part in the planned rides due to poor weather. If this occurs, you will not be entitled to change or cancel your arrangements without paying ours or the suppliers’ normal charges. We will not be obliged to offer you the options set out above under clause 7 headed ‘changes and cancellations before departure’. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
Clause 8: unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions, we will not be liable or pay you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken.
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 including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
Clause 9: complaints
If you experience difficulty or lack of conformity during your holiday, please inform us without undue delay so that we can take steps to assist you or put things right. Contact us by email at email@example.com or by phone on 07974 912479.
If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information.
Failure to follow the procedure set out in this clause may affect our and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
Clause 10: your behaviour
If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of people or property, or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately.
In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result.
You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
You agree to act at all times in a safe, responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s).
Mountain biking requires a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe, responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs or expenses incurred by you.
Clause 11: our responsibility
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, unless that lack of conformity is attributable to you. Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of this clause.
Section A: our responsibilities differ according to what you have booked
In relation to bookings of packages:
We accept responsibility as an ‘organiser’ under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to section B of this clause.
In relation to all other bookings:
We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, 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 using reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
In relation to all bookings that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
It is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive, and allow us reasonable time to remedy it.
Section B: limitations and exclusions of responsibility
In these terms and conditions our responsibilities are limited. Duty to pay compensation is limited as follows:
We will not be responsible, make a price reduction or pay you compensation for any lack of conformity 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 your arrangements and which were unforeseeable or unavoidable
- c) unavoidable and extraordinary circumstances as set out in clause 8
We will not be responsible, make a price reduction or pay compensation:
- a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you
- b) or 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 arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you, or that relate to any business
Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors, for example (but not limited to):
- a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in clause 9
- b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements
- c) deductions that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question
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. They must provide ourselves and our insurers with all assistance we may reasonably require.
Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total. You are assumed to have adequate insurance in place to cover any losses of this kind.
Any other claims which do not involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently, or other liability that cannot be limited by law.
The maximum amount we will have to pay you in respect of all such claims made in relation to a package is 3 times the price paid by or on behalf of the person(s) affected in total. The maximum amount we will have to pay you in respect of all such claims made in relation to arrangements which aren’t a package is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
Assistance to those travelling on a package in the event of difficulty
Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance, helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed contact Tom Hutton on 07974 912479.
Clause 12: jurisdiction and applicable law
These booking conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the courts of England and Wales only. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
Clause 13: financial security for packages
The Package Travel and Linked Travel Arrangements Regulations 2018 require travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency.
We provide this protection for our package arrangements by making payment into a trust account administered by independent trustees, Travel Trust Services Ltd t/a Serenity Travel Trusts. Money is not released from that account until after you have travelled. If you book arrangements other than a package, your monies will not be financially protected. Please ask us for further details.
Clause 14: passport, visa and immigration requirements and health formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant embassies and/or consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk.
You can get up to date travel advice from the Foreign and Commonwealth Office at 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 or 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 or immigration requirements or health formalities.
Clause 15: riding, clothing and equipment
You must ride within your own ability at all times. Please consider the effect your actions have on other trail users, including non-cyclists.
You agree to follow any instructions given to you by your leader or instructor and accept that anybody not doing so, or anybody acting in a way that could be dangerous to themselves or the rest of the group, may be asked to leave the activity with no refund from Tom Hutton MTB Guiding.
Unless bike rental has been arranged by Tom Hutton MTB Guiding, it is your responsibility to make sure your bike is in good, safe working order. You must tell your leader or instructor about any problems with your bike as soon as they occur. We reserve the right to prevent you from riding with us if we deem your bike unsafe.
Tom Hutton MTB Guiding will always try to help should you have any mechanical failures while riding, but it is your responsibility to judge whether the repair is safe or not before continuing. You also agree to meet the cost of any spares provided by Tom Hutton MTB Guiding, including inner tubes.
All riders must wear a bike helmet conforming to CE standard EN1078 at all times. We also recommend wearing gloves and riding glasses.
You must wear clothing that is suitable for the type of riding you will be doing and the weather on the day. You must also bring any equipment or spares required. A full equipment and clothing list is available for each trip.
Tom Hutton MTB Guiding can usually hire bikes from local providers. In this instance, we are responsible for providing the bikes in safe, rideable condition. We accept that there will be reasonable wear and tear on these bikes while riding with us but we are not responsible for any accidental damage to hired bikes while they are being used and will charge at the cost to us for any damage.
All our guides are insured and qualified to lead.
Clause 16: minimum client numbers
We are happy to accept bookings from individuals or groups, but we usually require a minimum number of clients for a trip to run. We will advise you of the exact situation at the time of booking. If we don’t have the required number of clients at your time of booking we will do our best to fill the other places before the trip begins but we reserve the right to cancel or postpone the trip, with a full refund to you, if we cannot meet these minimum requirements.
Sometimes we are able to negotiate alternative arrangements to accommodate smaller groups. It will be your decision whether these are suitable or not and the full refund will still be available but no further compensation will be payable or liability incurred.
Clause 17: accommodation and meals
The actual type of accommodation, room and bed arrangements available are explained in the trip notes for each trip. It may be possible to provide alternative arrangements at an extra cost. Please ask at the time of booking. If your booking includes accommodation, the named accommodation may remain confidential to MTB Guiding and only be disclosed to you upon receipt of the completed secondary deposit and written confirmation from the supplier.
Meal arrangements will differ from trip to trip and from accommodation provider to accommodation provider on some trips. Details for each trip are available in the specific trip notes for that trip, but are dependent upon many different suppliers and can change due to circumstances beyond our control. We will try to meet any specialist dietary requests, but cannot guarantee these requests. We accept no liability if our suppliers are unable to meet these requests in advance, or once at the venue.
Clause 18: free place promotion for group bookings
For group bookings, where offered, one free place shall be allocated to the group leader as long as the booking meets the minimum numbers stated on the individual booking(s) paying the full per person price. The trip must be paid for in full by all paying persons (based on the minimum requirements) in order for this promotion to apply.
Notice pursuant to and key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Tom Hutton MTB Guiding will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Tom Hutton MTB Guiding has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency contact number or details of a contact point where they can get in touch with the organiser or travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
- Travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Tom Hutton MTB Guiding has taken out insolvency protection with Travel Trust Services Ltd t/a Serenity Travel Trusts. Travellers may contact this entity if services are denied because of Tom Hutton MTB Guiding’s insolvency.
Package Travel and Linked Travel Arrangements Regulations 2018