The background to this agreement is:
Red Lantern Cycling Ltd (Red Lantern Cycling) arranges and provides road cycling tours, including overnight accommodation, to customers, upon the following terms and conditions.
Where the Tour comprises a package holiday, within the meaning of the Package Travel Regulations 1992, your attention is drawn to the provisions on the Website, regarding:
- general information regarding the requirement for a valid passport;
- any necessary visas and procedure and timescale to obtain them;
- any health requirements for the journey and the stay;
- the measure taken by the Tour Company to keep secure the money which you pay for the Tour;
These definitions apply unless the context of the Agreement requires a different interpretation:
"Booking" means any placing of a request by you, in person, in writing, or by telephone, for you (or someone else) to be included in a Tour, either direct to Red Lantern Cycling or through any authorised agent, together with full, cleared deposit for the tour, as advertised
"Confirmation" means confirmation, by Red Lantern Cycling, of a Booking for a tour or an excursion and “confirmed” shall be construed accordingly
"Package Holiday" means a package holiday within the meaning of the Package Travel Regulations 1992
"Ticket" includes an electronically generated ticket
"Tour" includes any trip or tour advertised from time to time, with itinerary and price, to be arranged by Red Lantern Cycling, as described on its Website: www.redlanterncycling.co.uk
"Writing" includes electronic writing
"You" means the Client which may include any person over the age of 18 years or any minor accompanied by such a person
The terms of this Agreement are:
1 Booking Tours
1.1 In order for you to come on a tour arranged by us, you must make a Booking. This is done by paying a deposit, the amount of which varies by tour, but will be a minimum of £150. It is your responsibility to ensure that the Booking and the Tour are suitable for your requirements and capacity (including your physical and medical state and any disability from which you may suffer), in every respect.
1.2 Provided that a place on the Tour booked is available and Red Lantern Cycling is satisfied that there is no good reason to refuse the Booking, Red Lantern Cycling will confirm the Booking in writing/electronic mail. You must then pay the balance of the advertised Tour price no later than 60 days before the tour start date. If Booking your trip less than 60 days prior to the tour start date, the full balance is due at the time of Booking. At that point, and not before, the Booking is complete and a contract is then made for the provision of the Tour.
1.3 If the balance of the advertised Tour price is not received in full 60 days prior to the tour start date, Red Lantern Cycling reserves the right to cancel your Booking, and you will forfeit your deposit in full.
1.4 If, for whatever reason, a Booking is not confirmed, Red Lantern Cycling will make a full refund of the Booking payment made by you, except where you cancel the confirmed booking, when you will forfeit your deposit in full. The refund of any additional balance paid will be in accordance with paragraph 2.
1.5 As soon as practicable, after booking confirmation, you will be sent a Ticket for the Tour, either by Red Lantern Cycling or its duly authorised agent.
1.6 Where the Tour constitutes a Package Holiday, the following provisions on the website shall constitute part of the Booking terms and conditions:
1.6.1 the destinations and, where more than one, the time to be spent at each;
1.6.2 the means, characteristics and categories of transport with dates and times and points of departure and return; any intermediate stops and connections and where to go or stay to effect them;
1.6.3 where accommodation is included, the location, degree of comfort and main features (including categorisation in a member state of the EU)
1.6.4 what, if any meals are included in the Tour;
1.6.5 whether there is a minimum number of clients before the Tour is cancelled and the timetable for any such cancellation;
1.6.6 the itinerary;
1.6.7 the excursions and tours included in the price and any surcharges that might arise and their method of calculation;
1.6.8 the name and address of the organiser and any insurer, together with a local representative, whether associated with Red Lantern Cycling or not;
1.6.9 the total price for the package holiday and any charges, taxes, dues not included;
1.6.10 the payment schedule and accepted methods of payment;
1.6.11 the need to agree any special requirements with Red Lantern Cycling;
1.6.12 the ways and means and timetable for making a complaint.
2 Cancellation and alteration
2.1 Any cancellation by you of a Booking must be made in writing to Red Lantern Cycling or it’s duly authorised agent and received at least 60 days prior to departure.
2.2 Subject to the following, provided that any cancellation is made in accordance with paragraph 2.1, the balance of any Booking payment still held by Red Lantern Cycling will be refunded, less your deposit paid.
2.3 Where cancellation of a Booking is made by you and is not in accordance with paragraph 2.1, the following cancellation charges will apply. The charges are expressed as a percentage of the total Tour price, less the deposit, which is non refundable.
- Cancellation 60 to 31 days before the Tour start date: 50%
- Cancellation 30 to 16 days before the Tour start date: 75%
- Cancellation 15 to 0 days before the Tour start date: 100%
2.4 No refunds will be made in relation to the return part or any other unused part of a ticket.
2.5 You may give 60 days' written notice, expiring before the start of your booked or confirmed Tour, to Red Lantern Cycling to change the Tour. This written notice must be made either direct or through its duly authorised agent. Any excess money will be refunded to you, subject to the payment of an additional administration charge of £30.
2.6 Where an originally booked Tour is changed in accordance with paragraph 2.5, any discount applied to the price of the original Tour will no longer apply to the cost of any replacement Tour.
2.7 If we have to alter your itinerary, travel or holiday arrangements, any change will be either major or minor. Although it is unlikely that we will have to make any changes to your Tour, we do plan the arrangements many months in advance and as a result we may have to make changes and we reserve the right to do so. The itineraries advertised for the Tour are provided as a statement of intention only, not as representations or guarantees that they will be carried out.
2.8 Where a change is a minor change, we will, if practical, advise you before departure, but we are not obliged to do so or to pay you compensation. A minor change is any change apart from a major change as defined here.
2.9 When a change is a major change (and a major change is either an alteration to your Tour start or finish time by more than 12 hours, or a change in standard of accommodation), we will advise you as soon as is reasonably possible. You will then have the choice of:
2.9.1 accepting the change, taking an alternative holiday (and where this is of a different price, you or we will refund the difference as appropriate);
2.9.2 withdrawing from the contract and accepting a full refund of all monies paid.
2.10 In the unlikely event that we become unable to provide a significant proportion of your trip after you depart, we will make alternative arrangements for you to continue the trip at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of Tour departure.
2.11 In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure.
2.12 Although unlikely it may be occasionally necessary for Red Lantern Cycling to cancel a specific Tour. Red Lantern Cycling reserves the right to do this for any reason up to 30 days prior to the Tour start date. In the event of cancellation Red Lantern Cycling will not be liable for any travel costs incurred by you. Red Lantern Cycling does not recommend that any travel is booked before the Tour is confirmed.
2.13 If Red Lantern Cycling has to cancel your holiday before the date of departure, you will have the choice of:
2.13.1 taking an alternative holiday (and where this is of a different price you or we will refund the difference as appropriate);
2.13.2 accepting the full refund of all monies paid.
2.14 Red Lantern Cycling complies with the Package Travel, Package Holidays and Package Tours Regulations 1992 (PTRs) by holding all monies paid in a trust account until the package holiday contract has been completed. This ensures that sufficient security is in place to be able to refund all monies in the unlikely event of our insolvency.
2.15 In addition, in appropriate cases, and where such cancellation is not due to under booking or force majeure as defined below, we will pay you compensation in accordance with the guidelines below.
- Cancellation 60 to 31 days before the Tour start date: £10
- Cancellation 30 to 16 days before the Tour start date: £10
- Cancellation 15 to 0 days before the Tour start date: £25
Under booking is the situation in which the minimum number of bookings required to run a tour is not met. Unless stated otherwise, all Red Lantern Cycling Tours require a minimum of 4 bookings to run.
3 Your obligations
3.1 You must ensure that any medical or other attendance that you require is provided by you.
3.2 You agree that you may be photographed in the course of the Tour for the purpose of Red Lantern Cycling's future publicity and that any written comments you make about the Tour or Red Lantern Cycling may be published by Red Lantern Cycling.
3.3 You agree to abide by any reasonable directions (especially any given on account of health and safety), given by Red Lantern Cycling's representatives in the course of the Tour.
3.4 You agree to behave in a reasonable and responsible manner and, in particular that you will do nothing which might endanger the health and safety of any person involved in the Tour or which might result in personal injury to any person or loss of or damage to property belonging to Red Lantern Cycling, its representatives or other Clients.
3.5 You agree that it is your responsibility to carry any necessary valid passport or visa, necessary for the Tour and, in any event even for domestic tours, always to carry some official means of photographic identification, such as a valid driving licence.
3.6 You agree to inform us of any special requests at the time of booking. We will advise the relevant supplier of such requests but cannot guarantee that they will be met. Furthermore, Red Lantern Cycling has no liability to you if such requirements are not met.
3.7 You agree to settle directly with the seller or provider, and prior to departure, any expenses accrued for goods and or services, over and above the items included as part of the Tour. Any expenses not settled before departure are payable on your return home, and may be subject to an administration fee of £30.
4 Liability of Red Lantern Cycling
4.1 When Red Lantern Cycling supplies ancillary services, which include any services supplied by a third party, Red Lantern Cycling does not give any warranty or guarantee as to their quality, fitness for purpose or otherwise but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying those services to Red Lantern Cycling.
4.2 Red Lantern Cycling shall have no liability to you for any loss, damage, costs or expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, illegible, out of sequence or in the wrong order or form, or arising from your late arrival, non-arrival or any other fault of yours.
4.3 Except in respect of death or personal injury caused by the negligence of Red Lantern Cycling, or as expressly provided in these Terms, Red Lantern Cycling shall not be liable to you by reason of any innocent representation or any implied warranty, condition or other term, or any duty at common law, for any loss of profit, opportunity or any indirect, special or consequential loss, damage, costs, expenses or other claims (however caused) which arise out of or in connection with the provision of any Tour (including any delay or failure to provide it), so however that, the entire liability of Red Lantern Cycling under or in connection with the tour contract shall be limited in maximum to the amount of the payments for the provision of the Tour in question.
4.4 Red Lantern Cycling is not responsible for any act or omission of yours which results in death, personal injury or loss of, or damage to property of any other client.
5.1 Insurance for medical emergency, including in any such event, repatriation, loss of earnings, or resulting cost of care; loss or damage to your property (including your bicycle); liability incurred to third parties; and against costs you may incur in the event of cancellation or curtailment of the tour or your participation in it, is not included in the cost of the Tour.
5.2 It is a condition of booking that all travellers be covered by comprehensive travel insurance and do not travel or participate in any activity against medical advice. You should organise it immediately you book so as to be covered in case of the ill health of yourself, a close relative or your travelling companion(s).
6 Force majeure
6.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, flood, natural disaster, war, threat of war or military hostilities, terrorist activity, governmental action, strikes, riots, closure of ports or airports, technical problems of transport, cancellation or changes to scheduled transport. It does not include merely inclement weather conditions.
6.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure, such notice to contain details of the circumstances giving rise to it.
6.3 Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure, except in relation to liabilities accrued before the occurrence of the force majeure.
6.4 Where you have to cancel a Booking as a result of force majeure, your place may be offered to another person who would then pay you for your ticket.
7 Successors to the agreement
7.1 Red Lantern Cycling is entitled to assign the benefit of this agreement
7.2 The benefit and obligations of this agreement shall be binding on any successor in title.
8 Severability and waiver
8.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as independent and severable from each other paragraph and therefore separately enforceable.
8.2 No delay by Red Lantern Cycling in exercising any right, power or provision hereunder shall operate as a waiver of the exercise of any right at a future time.
Any notice to be served on either of the parties by the other shall be sent by first class post or pre-paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.
10 Entire understanding
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty or other term not forming part of this agreement, including by reference.
11 Miscellaneous matters
In this Agreement, unless the context requires a different interpretation:
11.1 References to the singular include the plural;
11.2 The headings in this document are for reference only, and
11.3 References to a numbered rule are a reference to the rule bearing the corresponding number in this agreement.
12 Dispute resolution
12.1 In the event of a dispute arising out of or in connection with this Agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
12.2 Subject to clause 12(1), if any difference shall arise between any of the parties touching the meaning of this Agreement or the rights and liabilities of the parties, the same shall be referred to arbitration by a single arbitrator to be appointed, on the application of either side, by the President for the time being of the Law Society.
This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.