Booking Terms and Conditions

These Booking Conditions, together with our Privacy Policy and, where your itinerary is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Mr Sean Howell sole trader of Marmalade MTB with the address of Flat 1 Finlandia, Elm Grove, Lancing, BN15 8PD (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. 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 added or transferred.  

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

(a) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
(b) he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
(c) he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
(d) he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking. 

Please Note: We act in the following capacities, as a Package Organiser in the sale of a Package Trip (please see section B for further details) and as a Principal in the sale of a ‘single service’ booking (please see section C). As a result, our obligations to you will vary depending upon whether you book a Package Trip with us or whether you make a single service booking. We have tried to set our differing obligations out below as clearly as possible

(a) Section A contains the conditions that will apply to all bookings you make with us
(b) Section B contains the conditions which will apply when you make a booking with us where we act as the Package Organiser; and
(c) Section C contains the conditions which will apply where you make a single-service booking with us, where we are acting as Principal.

 

SECTION A – APPLICABLE TO ALL BOOKINGS

1. Booking and Paying for Your Trip

A booking is made with us when you pay us a deposit of up to 30% of the trip value (or full payment if you are booking within 60 days of departure) and we issue you with a booking confirmation by email. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking. Please contact us if you have not received the booking confirmation from us 48 hours of you paying your deposit. 

Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for single service bookings).  

The balance of the cost of your trip (including any applicable surcharge) is due not less than 60 days prior to scheduled departure. If we do not receive this balance 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 either Section B or Section C below, as applicable, will become payable.  

2. Accuracy

We endeavour to ensure that the descriptions, information and prices both on our website and in our advertising material are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the trip that you wish to book before you make your booking. 

Whilst every effort is made to ensure the accuracy of such information and prices at the time of publishing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen trip (including the price) with us at the time of booking. 

3. Gift Vouchers and Promotions

We also offer eVouchers (electronic gift vouchers) which will be sent to your email via a PDF, upon payment on our website. Values start from £10 and increase in £10 increments up to £250 . EVouchers can be added together in the basket. You can also buy eVouchers for coaching and eVouchers for the ride and dine experience.  Please check the website for the up to date values. Price depends on the number of riders. 

If eVouchers are about to expire, they can still be used as long as the booking was purchased before the voucher expired and if the trip is in the same calendar year as the expired voucher. 

4. Travel Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements (including but not limited to your personal bikes), as well as pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. 

5. Events Beyond Our Control 

Except where otherwise expressly stated in these Booking Conditions, we cannot accept liability or pay any compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. 

Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned control. 

6. Special Requests

Any special requests must be advised to us at the time of booking. (e.g. diet, room location, a particular facility at a hotel etc.). You should then confirm your requests in writing via email. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

7. Cutting Your Booking Short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your booking and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided, we will not offer you any refund for that part of your trip not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

8. Accommodation Ratings and Standards

Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.

9. Complaints

We make every effort to ensure that your trips run smoothly but if you do have a problem during your trip, please inform the relevant supplier (e.g. your trip leader) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact sean@marmalademtb.com. 

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

10. Disabilities and Medical Problems

We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen trip. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details. .

 You must be adequately fit to cover the distances and undertake the program set out in your itinerary. If it is felt that any client is not sufficiently fit, healthy, properly equipped or able to complete the trip without affecting its safety, comfort or happy progress, the trip leader at any stage has the right to remove you from the trip. It is a condition of your booking that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.

11. Your Responsibilities

As this is a cycling trip, you must at all times participate within your own ability and always wear approved safety equipment when you are on the bike. Head protection (e.g. helmets) is mandatory. We also recommend wearing gloves and body armour (e.g. knee and elbow pads). 

All luggage should be clearly labelled with the owner’s name and contact details.

In addition, all our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any trip leader or cycling instructor, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. 

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us. 

You will be asked to complete a rider’s information and consent form prior to undertaking any activity.

12. Your Equipment

Please note that we do not typically provide bikes and other cycling equipment directly as part of the trip. Where you provide your own bike and equipment you are responsible for their condition and maintenance throughout the duration of the trip.

Bikes and cycling equipment can be hired with your booking as an extra service via the website. These bikes will be provided to us by a third party – and you accept that you are responsible for the condition and maintenance of the bike and any other such equipment that you use on your trip. Any perceived issues with bikes and equipment that arise on a trip should be reported immediately.

13. Excursions

Please note that we do not provide or arrange excursions other than those listed in your itinerary and forming part of the trip booked and paid for. Our trip leaders or cycling instructors may put you in touch with local organisers of excursions if you request but we can have no liability for such excursions, as your contract for such excursions will be with a local company providing the services and not with us.

14. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us immediately. Call 07840 724611, or please get in touch with your trip guide/host whose information will be in your trip details. 

15. Conditions of Suppliers

Many of the services which make up your trip are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. 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.

16. Law and Jurisdiction

Your contract with us and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your itinerary, will be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings may be brought in the Courts of your home country. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable, failing which English law will apply.

 

SECTION B: PACKAGE TRIP BOOKINGS

This section only applies to Package Itineraries booked with us, where we are acting as the Package Organiser (please see clause 17 below for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

17. Definition of a Package

Where your booking is for a Package itinerary that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Terms and Conditions.

A “Package itinerary” exists if you book a combination of two of the following separate travel services: 

(a) transport;
(b) accommodation;
(c) rental of cars, motor vehicles or motorcycles (in certain circumstances);
(d) any other tourist service not intrinsically part of one of the above travel services;

provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

IMPORTANT NOTE: Please note that:

(a) where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or
(b)
where you have made a booking which consists of not more than one type of the travel services listed at (a) – (c) above, combined with one or more tourist services (as listed at (d) above), this will not create a Package where the tourist services:

    • do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
    • are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs, please see Section C of these Booking Terms and Conditions for the terms applicable to such trips.

18. Pricing of Package

We reserve the right to amend the price of unsold itineraries at any time and correct errors in the prices of confirmed itineraries. We also reserve the right to increase the price of confirmed itineraries solely to allow for increases which are a direct consequence of changes in:

(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees chargeable for services applicable to the itinerary imposed by third parties not directly involved in the performance of the itinerary, including tourist taxes; and
(iii) the exchange rates relevant to the package. 

Such variations could include but are not limited to other transport providers. 

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed trip (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another trip if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 

Should the price of your trip go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £25. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed itinerary within 20 days of your departure nor will refunds be paid during this period.

19. If You Change or Transfer your Package Trip

If you wish to change any part of your trip after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an amendment fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 20. 

Transfers of Package Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

(a) that person is introduced by you and satisfies all the conditions applicable to the itinerary;
(b) we are notified not less than 7 days before departure;
(c) you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
(d) the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 20 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

20. If You Cancel Your Package Trip

If you or any other member of your party decides to cancel your confirmed trip you must notify us via the email address sean@marmalademtb.com . Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. 

Should one or more member of a party cancel, it may increase the per person trip price of those still travelling and you will be liable to pay this increase. 

Since we incur costs in cancelling your trip, you will have to pay the cancellation charges as follows:

Period before departure date within which written notification is received at our offices Cancellation Charge
More than 60 days prior to departure Deposit 
Less than 60 days prior to departure  100 % of total cost of trip

Please note that insurance premiums and amendments charges are not refundable in any circumstances. 

Important Note: Certain trips may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the trip in addition to the charge above. 

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. 

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. 

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You may terminate the package travel contract at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.  You must be able to show at the time you wish to cancel that there is no reasonable possibility of your trip going ahead, in order to rely on this clause.

For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the package travel contract.

This clause 20 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

21. If we Change or Cancel your Package Trip

As we plan your trip many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your trip, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return date by less than 12 hours, change of accommodation to another of the same or higher standard. Occasionally we may have to make a significant change to your confirmed trip. Examples of “significant changes” include the following, when made before departure:

(a) A change of accommodation area for the whole or a significant part of your time away.
(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away*.
(c) A change of the trip itinerary start time or overall length of your trip by more than 12 hours.
(d) A significant change to your itinerary, missing out one or more destinations entirely. 

Cancellation: We will not cancel your trip less than 60 days before your departure date, except for Events Beyond Our Control or failure by you to pay the final balance. We may cancel your trip before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached. 

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i. (for significant changes) accepting the changed trip arrangements; or
ii. having a refund of all monies paid; or
iii. if available and where we offer one, accepting an offer of an alternative trip (we will refund any price difference if the alternative is of a lower value).   

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements. 

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances: 

(a) If, where we make a significant change, you do not accept the changed trip and cancel your booking;
(b) If we cancel your booking and no alternative trips are available and/or we do not offer one.

Period before departure in which we notify you Amount you will receive from us (per person)*
Between 30-60 days prior to departure £10
Between 14 – 30  days prior to departure  £15
Less than 14 days prior to departure  £30

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

(a) where we make a minor change;
(b) where we make a significant change or cancel your trip more than 60 days before departure;
(c) where we make a significant change and you accept those changed trip arrangements or you accept an offer of an alternative travel arrangements;
(d) where we have to cancel your trip as a result of your failure to make full payment on time;
(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(f) where we are forced to cancel or change your trip due to Events Beyond Our Control (see clause 5).

If we become unable to provide a significant proportion of the trip arrangements that you have booked with us after you have departed, we will, if possible, make alternative trip arrangements for you at no extra charge and where those alternative trip arrangements are of a lower standard, provide you with an appropriate price reduction.

22. Our Responsibility for your Package Trip

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your booking confirmation and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your booking confirmation and the information we provided to you regarding the services prior to booking.

(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.

(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
(c) Events Beyond Our Control (as defined in clause 5).

(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times 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 booking.

(c) Claims in respect of international travel by rail, or any stay in a hotel:

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which includes The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract. 

ii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the booking confirmation and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note 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.

(6) 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 these conditions.

(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. 

(8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
(b) which relate to any business; or
(c) which relate to indirect or consequential loss of any kind.

(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.  

(10) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your itinerary. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

23. Prompt Assistance for Package Trip

If, whilst you are taking part in your itinerary, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

24. Insolvency Protection

We provide full financial protection for our package holidays, by way of a bond held by ABTOT with the address of 69 Leadenhall St, London EC3A 2BG. The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Marmalade (member 5559) and in the event of their insolvency, protection is provided for: Non-flight packages. ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Marmalade. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. You can access The Package Travel and Linked Travel Arrangements Regulations 2018  here: https://www.legislation.gov.uk/uksi/2018/634/contents/made You can find out more about ABTOT here: https://www.abtot.com/

If you book arrangements other than package holidays from us, your monies will not be financially protected. Please ask us for further details.

 

 

SECTION C – SINGLE SERVICE BOOKINGS AND SINGLE DAY EXPERIENCES

This section applies to all single service bookings that you make with us (e.g. single day rides, coaching sessions, ride and dine experience etc.) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

25. If You Change or Cancel Your Single Service Booking

Changes:

If, after confirmation and 60 days before your booking, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an amendment fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.

Note: Certain single service trips may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.

Cancellations:

If you, or any member of your party, decides to cancel your booking you must notify us by email at sean@marmalademtb.com. Your notice of cancellation will only take effect when it is received via email and will be effective from the date on which we receive it. The person to notify us of any cancellation must be the same person that originally signed the online booking form.

Should one or more member of a party cancel, it may increase the per person trip price of those still travelling and you will be liable to pay this increase. 

Since we incur costs in cancelling your trip, you will have to pay the cancellation charges as follows:

Period before departure date within which written notification is received at our offices Cancellation Charge
More than 60 days 25% Admin Fee
Less than 60 days 100%

Important Note: Certain trips may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the trip in addition to the charges above.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

This clause 25 outlines the rights you have if you wish to cancel your single service booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

26. If We Change or Cancel Your Single Service Booking 

We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you,. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. 

Very rarely, we may be forced due to Events Beyond Our Control (please see clause 5) to change or terminate all or some of your trip after departure for any reason, such as adverse weather conditions, forestry operations and other seasonal activities, or if the minimum number needed to operate a single service booking has not been met. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

27. Our Responsibilities for your Single Service Booking

(1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. 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, provided we have selected the suppliers/subcontractors with 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.

(2) We will not be responsible or pay you compensation for any 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; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money, 

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death

The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. 

(5) 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 and must provide ourselves and our insurers with all assistance we may reasonably require. 

(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business. 

(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

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