Mojácar Cycle Holidays – Terms and Conditions
1. These T&Cs apply to, and are included into, any contract for the holiday accommodation period and hire of any equipment between Mojácar Cycle Holidays or third parties and you, the client. Unless otherwise agreed in writing, these T&Cs override any other terms and conditions.
2. Mojácar Cycle Holidays reserves the right to change these T&Cs without notice. Any amendments will be placed on our website (https://mojacarcyclingholidays.co.uk/) and will apply from the date that such amendments are placed on our website, unless the amendments specify a later date from which they are to apply.
Definitions
In these T&Cs; the following terms have the following meanings:
“Mojácar Cycle Holidays” means Mojácar Cycle Holidays; whose registered office is located at Calle Medio 5, Mojácar, Almeria, Spain 04288.
“Equipment” means any equipment (or part thereof) specified in the contract under the heading ‘Hire Equipment’ – which will be supplied by a third party.
”Contract” means a cycle holiday contract between Mojácar Cycle Holidays and you, the client or in the case of bike hire, with bike hire supplier. Any Bike hire is done so at client’s own risk and accordance with that companies terms and conditions.
“Client” means the person or entity booking the holiday as specified in the contract under the heading ‘client’.
“Cycle Holiday” means a four or seven day stay at one of our partner businesses boutique bed and breakfast accommodations – La Meseta or Castellon Mojácar as specified in the contract under ‘cycle holiday’. If you choose to opt for a self-catering option, this is arranged by and solely between you and that accommodation provider.
“Day excursion” means a guided period of time within one day, typically between the times of 10am – 6pm, equipment is used on the basis of the client entering into a contract with equipment provider. Any food or drink supplied is on basis that it is assumed the provider of this service is doing so in accordance with food regulation requirements, i.e. approved restaurant/café and the client agrees the acceptance of this service directly with said provider.
“Price” means the fee charged by Mojácar Cycle Holidays for hiring the equipment for the hire period or service, as specified in the contract under the heading Mojácar Cycle Holidays ‘Services’. The services provided are done so by third parties and client accepts the terms and conditions of these third parties and liability for services provided lies with these companies not Mojácar Cycle Holidays.
“Hire Period” means the period of time commencing from when the client takes possession of the equipment until the equipment is returned to Hire Company’s possession.
“T&Cs” means these equipment hire terms and conditions.
“Risks” means any risk associated with cycling, including, but not limited to: (a) inclement weather; (b) rough roads; (c) navigational difficulties; (d) rider error; (e) unforeseen equipment failure; and (f) illness, collisions, crashes and accidents, that might cause: (i) the client or others injury or loss; or (ii) damage to Mojácar Cycle Holidays or others property.
Conditions:
- Mojácar Cycle Holidays operate a strict NO HELMET/NO INSURANCE = NO CYCLE policy and will not vary these terms at any time.
Cycling can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH attached to it and you acknowledge that cycling is an inherently dangerous sport and fully realise the dangers of participating in cycling tours and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limited to the following: the dangers of collision with pedestrians, vehicles, other riders, and fixed or moving objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment, equipment failure, THE CLIENTS OWN NEGLIGENCE, and weather conditions; danger of medical emergencies such as heart attack, stroke, or heat stroke; and the possibility of serious physical and/or mental trauma, injury, or death associated with cycling. Mojácar Cycle Holidays and its employees shall not be liable for any damages relating to loss of property or injury of any kind, or death to any participant
It is the responsibility of each participant to ensure that they have appropriate travel, health and personal accident insurance that clearly provides the necessary cover for this type of activity
- BIKE HIRE – Mojácar Cycle Holidays are here to provide you, our client, with a fully experienced tour guide, it is your responsibility to ensure you have adequate insurance to comply. You have paid Mojácar Cycle Holidays to provide a Cycle Tour and we will arrange the hire of your Cycle through a local Cycle Hire Company. Your cycle hire rental agreement is with Cycle Hire Company and any issue, mechanical or other matter or concern with the hired bike is solely between each individual hirer and Cycle Hire Company in relation to insurance, liability, personal risk and safety of your hired cycle and helmets.
- GDPR – VIDEO & PHOTOGRAPHY – By taking part in this event, you grant Mojácar Cycle Holidays full rights to use your image, or adaptations of your image, photography or video filming for publicity purposes. This may include the right to use your image in our printed or online and social media campaigns. If you DO NOT wish to be photographed, please inform us when completing the appropriate booking form; we will ensure that your images are not used, to the best of our ability.
- DISCLAIMER and LIABILITY RELEASE – Mojácar Cycle Holidays shall not be liable for any delay or default in providing the service included in the tour if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of our company or its directors and employees. By reserving a tour or meeting your guide to join a tour with us you will be deemed to have accepted our terms and conditions of service of which this Disclaimer is part.
- Despite all our efforts to present you the tour as accurately as possible, you are encouraged to do your own research of the weather forecast for the duration of the tour, the condition of the roads and the terrain over which the tours may take place. Ultimately it is your responsibility to decide if our tours suit your level of fitness and bike handling in terms of the challenges and risks that may be encountered.
- PAYMENT
For bookings 50% payment is required upon booking. Payment will be as per instructed via invoice in euros or sterling as agreed by client and Mojácar Cycle Holidays.
The client agrees to pay a 50% down payment to Mojácar Cycle Holidays upon booking and the remaining balance at least 12 weeks before the start date of the holiday by: (a) upon receipt of payment request via bank transfer into our nominated bank account. The client also agrees to pay all applicable government taxes or duties; and bank charges on money transfers as appropriate.
If the client fails to pay the total price at least 12 weeks before the holiday start date, Mojácar Cycle Holidays reserves the right to cancel, amend or modify the client’s reservation at its sole discretion, this includes the client losing the initial deposit paid.
Payment of all or part of the total price (including payment by credit card) is acceptance of these T&Cs.
Mojácar Cycle Holidays will make payment on behalf of the client to any third-party service or equipment provider, namely accommodation or / and cycle equipment (bike). Contract for these services is between the client and the service provider and not between Mojácar Cycle Holidays and the client.
6. Changes to Bookings /Cancellation
If the service becomes unavailable for the hire period due to circumstances beyond Mojácar Cycle Holidays control (such as theft, fire, earthquake, or damage from an earlier hire contract), Mojácar Cycle Holidays will use its best efforts to offer the client a suitable alternative. If Mojácar Cycle Holidays is unable to offer a suitable alternative, the client will be entitled to a full refund of any monies paid to Mojácar Cycle Holidays, minus any costs Mojácar Cycle Holidays has incurred related to this booking.
If the client wants to cancel a booking, the client must notify Mojácar Cycle Holidays by email to info@aclprocylehire.com If the client cancels a booking for any reason, the following cancellation fees apply:
a) If cancellation occurs 12 weeks or more before the start date, the client will be entitled to a full refund, minus any incurred costs.
b) if cancellation occurs within 8-12 weeks of the start date, the client will be entitled to a refund of 60% of the total funds paid.
c) If cancellation occurs within 8 weeks or less of the start date the client will not be entitled to any refund of monies
Any changes to an already confirmed booking will incur a fee of 20 euro and must be sent in writing to info@aclprocyclehire.com to avoid misunderstanding of any sort: changes are not made unless confirmed in writing by Mojácar Cycle Holidays.
No refunds will be made for early returns, late pickups, no-shows or change of mind.
7. Condition and purpose
The client acknowledges and agrees on receipt any supplied equipment is safe and of a high quality and the client undertakes to return in same condition as received.
8. Use of Workshop is done so at client’s own risk and clients must not attempt any repairs that they are not knowledgeable and able to undertake. Any injury, damage or otherwise associated with use of workshop is solely responsibility of client. If in doubt, request to access professional qualified and insured cycle repair shop should be made to a Mojácar Cycle Holidays representative.
9. Vehicle Transfer – this is done at the request of the Client and is not provided on a commercial basis, i.e. not a taxi. If client wishes to have the protection of a registered taxi company, then this can be arranged on request at additional cost. The transfer of any goods, bikes or otherwise is at the agreement of the client and any damage incurred is at client’s own risk and cost to repair.
10. Use and care of equipment
Cycling involves risks. The client agrees that despite such risks the client wants to participate in the holiday and/or hire and use the equipment and accepts sole responsibility for (a) the equipment; and (b) the safety of themselves and other participants.
The client will take proper and reasonable care of any equipment and of their accommodation during the hire period, and will return any hired equipment in good order and condition to Bike hire company at the agreed time and return date specified in the contract, unless otherwise agreed by Mojácar Cycle Holidays or bike hire company. Late returns will be charged a daily hire rate until returned, unless prior arrangements have been made.
The client warrants that all persons who will use any equipment are competent to use the equipment, will use the equipment in the manner it was designed to be used, will follow any directions from Mojácar Cycle Holidays relating to the use and safety of the equipment, and will comply with all laws and obligations in relation to the use and control of the equipment.
11. No modifications to equipment
The client will not change or modify any equipment hired or within any accommodation without Mojácar Cycle Holidays agreement, or that breach any of these providers’ terms and conditions. If the client changes or modifies the equipment without Mojácar Cycle Holidays/service provider agreement, such changes or modifications will be considered as damage, and clause below will apply.
12. Damage or loss
The client is solely responsible for any damage to, or loss of, any equipment during the hire period and liable for associated costs or losses incurred in the rectification or replacement of said equipment. The client will notify Mojácar Cycle Holidays immediately if any equipment is damaged or lost and will follow all reasonable instructions of Mojácar Cycle Holidays in relation to such damaged or lost equipment.
In the case of damage to any equipment (excluding reasonable wear and tear) any damage however caused, the client will be responsible for and will pay equipment provider for the full cost of all repairs, including the cost of replacing any damaged parts and any labour to restore the equipment to the condition it was in at the commencement of the hire period. For the avoidance of doubt, Mojácar Cycle Holidays/equipment provider has the sole right to reasonably determine: (a) whether the equipment has been damaged during the hire period; (b) whether such damage is beyond reasonable wear and tear; (c) the extent of such damage; and (d) the full cost of the repairs required.
In the case of loss of the equipment, however caused, the client will be responsible for and will pay equipment provider for the full cost of replacing such equipment.
In addition to the costs set out already, the client will be responsible for and will indemnify equipment provider and/or Mojácar Cycle Holidays for any loss of revenue suffered by Equipment Provider or/and Mojácar Cycle Holidays due to the unavailability of the equipment for hire due to damage or loss. The costs for lost revenue will not exceed the equivalent of 7 days hire of the equipment at the prevailing hire rates.
The client authorised Mojácar Cycle Holidays / equipment provider to recover such repair or replacement costs and/or loss of revenue by deducting such sum from the credit card provided by the client in the contract.
12. Liability and indemnity
The client agrees that Mojácar Cycle Holidays has no liability to the client for: (a) any injury or loss suffered by the client or others; or (b) for any damage to any of Mojácar Cycle Holidays or others’ property, arising directly or indirectly from the holiday or use of the equipment, regardless of how such injury, loss or damage occurs.
Subject to the exclusion of liability in clause 1) above, the maximum liability of Mojácar Cycle Holidays for all claims made by the client, whether as a result of any breach of these T&Cs or on any other ground or terms whatsoever (including, but not limited to, liability as a result of tort, including negligence) will not exceed the total price paid by the client to Mojácar Cycle Holidays.
No provision, other than those, which are mandatory, will be implied by statute or at common law or otherwise into the contract against Mojácar Cycle Holidays. No representation or express condition or warranty will be binding upon Mojácar Cycle Holidays unless it is in writing.
The client indemnifies Mojácar Cycle Holidays against all claims, damages or losses (including costs), which Mojácar Cycle Holidays incurs as the direct or idirect result of the holiday or equipment or its use by the client or by any other party.
If the client is not an individual, the person who enters into the contract on behalf of the client warrants that they have authority to bind the client and will, in any event, be personally liable for the performance of the obligations on the client. The person who enters into this contract on behalf of the client hereby indemnifies Mojácar Cycle Holidays against all losses and costs that may be incurred by Mojácar Cycle Holidays arising out of the person entering into the contract failing to have such power or authority.
The client agrees that the laws of Spain apply to these T&Cs. The client also agrees that these T&Cs are binding on the client’s family, heirs, legal assigns and administrators and executors. The client warrants that the client has fully read and understood these T&Cs before entering into the contract.
If any part of these T&Cs or its application to any party or any circumstances is or becomes unenforceable, void or illegal then unless that part is fundamental to the operation of the contract or contrary to public policy; the remaining terms and conditions will not be affected but will remain in full force and effect.
