These Terms and Conditions of Booking (‘Booking Conditions’) together with our Website Acceptable Use Policy, Privacy & Cookies Policy and the documents referred to in them will apply to: (A) Your use of our website; (B) Our supply of products and services; and (C) Our contact with you, so please read them and the Tour descriptions through carefully before completing your booking request.
Please note that to book any of the activity tours (‘Tours’) described on our website (‘Site’) you must agree to be bound by these Booking Conditions. Your completed booking request will be treated as confirmation of your acceptance of our Booking Conditions. If you have any questions about the Booking Conditions please contact us for clarification prior to booking.
Please print a copy of these Booking Conditions for future reference.
Please understand that if you refuse to accept these Booking Conditions, you will not be able to book any Tour package(s) from us.
1. INFORMATION ABOUT US
All Tour packages are provided by Active England Tours Limited (‘AETL’, ‘we’, ‘us’, ‘our’) a company registered in England and Wales (company number 06715224) with its Registered Office and main trading address at Northbrook House, Oxford Science Park, Oxford, OX44GA. Our VAT number is 943 9537 85. ‘Active England’ and ‘Pedal England’ are trading names of AETL.
We sell package Tours and we act as the Package Organiser of the Tours we sell in accordance with Package Travel and Linked Travel Arrangements Regulations 2018. We do not sell Linked Travel Arrangements or any Tours that include flights.
2. SERVICE AVAILABILITY
2.1 Our Site is only intended for use by people resident in the countries listed as follows:
EC member counties, The United Kingdom, The United States of America, Canada, South Africa, Australia, New Zealand, Japan and China (referred to below as ‘Serviced Countries’). Unless agreed otherwise with you, and at our sole discretion, we do not accept bookings from any individual resident outside of the Serviced Countries.
2.2 Please note that there are some restrictions placed on the extent to which we may accept bookings from specific countries. Please telephone us for the latest updates before booking to avoid disappointment.
3. YOUR STATUS
3.1 Whether you intend to travel alone or as a member of a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. By placing a booking through our Site, you warrant that:
– you are legally capable of entering into a binding contract and, if you are travelling with a group of people that you have the authority to make the booking on behalf of all other persons listed in your booking application and you affirm that you have made all other Co-Travellers
listed in the booking aware of these terms regardless of how final payment is made and that all Co-Travellers accept these terms (‘Co-travellers’);
– you are at least 18 years old;
– any Co-traveller(s) under 18 years of age will be accompanied by an adult at all times throughout the duration of the Tour;
– you and your Co-traveller(s) are each sufficiently fit to participate in the activities described in the Tour package on our Site- you have selected and have no health conditions that would in any way limit your ability to complete the Tour package you are seeking to book (the ‘Tour’) or impact the health or safety of others attending the same Tour;
– you have informed us in the booking request and or medical form of any personal circumstances or needs (medical or otherwise) relating to a person included in the booking that may be relevant to the booking including but not limited to whether any person needs adapted or non-standard equipment or facilities in order to participate fully in the Tour;
– you have a continuing obligation until the end of the Tour to inform us promptly should you or a member of your party be or become unwell or is unable for any reason to participate in or to complete the Tour or is affected by any condition, medical or otherwise, that might affect your/their or other people’s enjoyment of the Tour. If you do not do so, we may cancel your Tour at any time;
– you are responsible for ensuring the accuracy of the personal details and any other information supplied to us in respect of yourself and all other Co-travellers and for passing any information regarding the booking or any changes made in relation to the booking to all Co-travellers including, but not limited to, information on schedule changes or copies of booking confirmations;
– you have purchased adequate travel insurance for all your needs including but not limited to health and medical conditions, pandemics and any activities that you may take part in (see clause 9);
– you are resident in a Serviced Country or as otherwise agreed with us in accordance with clause 2;
– you are accessing our Site from a Serviced Country or as otherwise agreed with us in accordance with condition 2.1.
3.2 Your booking request is accepted on the understanding that you accept: the risks and hazards of a Tour of this kind, including the dangers inherent in cycling and walking either on the road or off the road, as well as waterborne activities including SUP, Kayak, Canoeing, Surfing, Coasteering and swimming ; the dangers inherent in other activities included in our other Tours; the dangers of natural hazards; adverse weather conditions; the poor condition of the highways; border restrictions; terrorism, pandemic and disease/illness, and the potential for (amongst other things) delays, alterations, loss or damage to property, inconvenience and discomfort.
3.3 On all of our Tours it is necessary that you abide by the authority of the leader who represents AETL and whose decision is final. Submitting a booking request form signifies your agreement to this, and if you commit any illegal act when on the Tour or if in the reasonable opinion of the leader your behaviour is causing or is likely to cause danger, distress or annoyance to others we will terminate your travel arrangements without any liability on our part.
3.4 We cannot guarantee the composition of the group with whom you will be participating in the Tour in terms of either age, nationality, gender, singles and couples.
3.5 Please note that flights and other products you purchase separately do not form part of your Tour with us.
3.6 Passports and Visas: You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all U.S. citizens traveling abroad and should be valid for at least 6 months after your date of return. We suggest you apply for or renew a passport early. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
3.7 Health Requirements and Medical Care: Our Tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By signing this agreement, you represent that you do not have any physical or other conditions that would create a hazard for you, any Co-Travellers or affect other people’s enjoyment of the Tour. If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, you must inform us in writing when the booking is made and we shall advise you whether the Tour is suitable for you or not. We may require a medical certificate if you have a special condition. We reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands.
3.8 Pre tour information. It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 14 days of your receipt of those documents. These Booking Conditions, are a waiver of liability and assumption of risk agreement and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit this and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in these Booking Conditions.
3.9 Local law and customs. You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, AETL or the local guide/supplier has the right in its sole discretion to remove anyone a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from others’ enjoyment of the tour.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After submitting a booking request, you will receive an email from us acknowledging that we have received your booking request. Please note that this does not mean that your booking has been accepted. Your booking constitutes an offer to us to make a booking. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the relevant Tour has been booked and the required deposit (or payment in full if the booking request is received less than 60 days before the start of the Tour) has been received (Booking Confirmation). Please check the Booking Confirmation carefully and if you notice any errors please contact us immediately on 01865 513007 (or +44 1865 513007) if you are calling from outside the UK) to correct these. The contract between us
(Contract) will only be formed when we send you the Booking Confirmation and the date on the Booking Confirmation will be the date the Contract is made.
4.2 The Contract will relate only to the Tour specified in the relevant Booking Confirmation. We will not be obliged to provide any other Tour which may have been part of your booking request until the booking of any such Tour has been confirmed in a separate Booking Confirmation.
4.3 When making a booking you will be required to complete a booking form and pay a non- refundable deposit (“Deposit”) unless the booking is being made less than 60 days before the start of the Tour in which case you shall be required to make payment in full.
4.4 If we do not accept your booking, we shall refund the Deposit or full payment, as applicable, to you in full.
4.5 Any special requests must be advised to us at the time of booking, e.g diet, room location, a particular facility at a hotel. You must confirm your requests in writing, but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your Booking Confirmation or any other documentation or that it has been passed on to our 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. We do not accept bookings that are conditional upon any special request being met.
4.6 It is our duty as the Package Organiser to ensure that you have been provided with all details set out here https://www.legislation.gov.uk/ukdsi/2018/9780111168479/schedule/1
before the booking is made. If you have not been given sufficient information please let us know immediately.
4.7 You should also be provided with all the following information as set out here https://www.legislation.gov.uk/ukdsi/2018/9780111168479/schedule/5 which will be provided in the package travel contract. If you have not been given sufficient information please let us know immediately.
4.8 More information on key rights under the Package Travel and Linked Arrangements Regulations 2018 can be found here https://www.legislation.gov.uk/ukdsi/2018/9780111168479/schedule/2 .
5. CANCELLATION OR CHANGES BY YOU
5.1 Subject to condition 5.4, you, the lead person, may cancel a Contract at any time on giving us written notice to email@example.com and you will be refunded in accordance with our Refunds Policy (set out at clause 8).
5.2 Package Tours are exempted from the cooling off cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000.
5.3 You can cancel a Contract without paying any cancellation charges if the performance of your Tour is significantly affected by Unavoidable and Extraordinary Circumstances (see clause 20). In such circumstances, we will arrange for the Contract to be terminated and for you to receive a full refund.
5.4 If you cancel a Contract in respect of any Tour you will not be entitled to any refund of the purchase price of the Tour or of your Deposit. 5.5 You will be advised of the exact amount of any refund in accordance with the Refunds Policy at clause 8 `prior to the cancellation being finalised.
5.6 These provisions do not affect your statutory rights.
5.7 If you, the lead person, wish to change your Tour we will do our best to assist but we cannot guarantee that we will be able to meet your requested change. If you change your Tour dates or alter your itinerary after we have confirmed your Tour, a change fee will be imposed. The type and scope of change together with how close to the date of departure you wish to make the change dictates the amount of the change fee. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. These are included in the change fee and can be substantial. There are certain arrangements that may not be amended after they have been confirmed and any alteration could incur a cancellation charge of 100% of that part of the Tour. You will be advised of the exact amount of any change fee prior to the change being finalized. If 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.
5.8 If you or any of your Co-Travellers is prevented from travelling on their Tour, that person(s) may transfer their place to someone else, subject to the following conditions:
• that person is introduced by you and satisfies all the conditions applicable to the Tour;
• we are notified not less than 7 days before the date of commencement of the Tour;
• you pay any outstanding balance payment, an administration fee per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
• the transferee agrees to these Booking Conditions, and all other requirements applicable to the Tour.
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 at clause 8 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
6. CANCELLATION OR CHANGES BY US
6.1 We reserve the right to cancel you booking. We will not cancel less than 60 days before your Tour commencement date, except for Unavoidable and Extraordinary Circumstances (clause 20), or failure by you to pay the final balance or because the minimum number required for the Tour to go ahead hasn’t been reached. The minimum number required will be provided to you with the Tour description, along with the time limit for us to tell you if the Tour has to be cancelled.
6.2 If your Tour is cancelled you can either have a refund of all monies paid or accept an alternative Tour of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
In the event a refund is paid to you, we will:
1. provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
2. pay reasonable compensation except where the cancellation is due to Unavoidable and Extraordinary circumstances (clause 20).
6.3 We can change your Tour price after you’ve booked, only in certain circumstances:
1. Minimum numbers not reached. For some of our Tours we require a minimum number of bookings in order for the Tour to take place. If this is the case the minimum number required will be provided to you before or at the time of booking along with the time limit for us to tell you if the Tour has to be cancelled. In the event of us having to cancel due to insufficient numbers we shall provide you with a full refund (including any deposit paid) of the booking.
2. Changes to price. See clauses 7.3 to 7.5.
3. Changes to services. If we make an insignificant change to your Tour, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your date of commencement of the Tour but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard, changes of activities to similar activities or minor changes to services available at the accommodation.
Occasionally we may have to make a significant change to your confirmed Tour. Examples of “significant changes” include the following, when made before the date of commencement of your Tour:
• A change of accommodation area for the whole or a significant part of your time away;
• A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;
• Cancelling all or a significant number of activities included in your Tour.
If we have to make a significant change or cancel your Tour, we will tell you as soon as possible and if there is time to do so before the date of commencement, we will offer you the choice of:
i. (for significant changes) accepting the changed Tour; or
ii. having a refund of all monies paid; or
iii. accepting an offer of alternative an alternative Tour of comparable or higher standard if available (at no extra cost); or
iv. if available, accepting an offer of an alternative Tour of a lower standard, with a refund of the price difference between the original Tour and the alternative tour.
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 Tour.
In the event you choose to accept a refund we will:
1. provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
2. pay reasonable compensation except where the cancellation is due to Unavoidable and Extraordinary circumstances (see clause 20).
7. PRICE AND PAYMENT
7.1 The price of any Tour will be as quoted on our Site from time to time, except in cases of manifest error.
7.2 These prices include any applicable VAT.
7.3 Prices are liable to change at any time, but changes will not affect bookings in respect of which we have already sent you a Booking Confirmation. The Tour price is based on tariffs, fees, and costs in effect at the time you book the Tour. We reserve the right to increase the quoted price after booking if currency exchange rates, tariffs, government fees, and admission charges change. If this is the case we shall write to you and advise you of such. However, there will be no change within 20 days of your Tour commencement date.
7.4 We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your Tour, any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another Tour if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within the time period shown on your final Booking Confirmation invoice.
7.5 Should the price of your Tour go down by 2% or more due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred.
7.6 Our Site contains a large number of Tours and it is always possible that, despite our best efforts, some of the Tours listed on our Site may be incorrectly priced. If, following your booking but prior to sending you a Booking Confirmation, we become aware that our Site specifies an incorrect price (Incorrect Price) in respect of any Tour:
(a) in the event that the correct price (Correct Price) is less than the price stated on our Site, we will charge you the lower Correct Price and specify the same in the Booking Confirmation; and
(b) in the event that the Correct Price is more than the price stated on our Site, we will, at our sole discretion, either:
contact you to confirm that you wish to proceed with your booking at the Correct Price and, if you so accept, specify the Correct Price in the subsequent Booking Confirmation; or reject your booking and notify you of the same, stating the reasons for such rejection.
7.7 In the event that we send you a Booking Confirmation stating an Incorrect Price, we will be under no obligation to provide the Tour to you at that Incorrect Price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss‐pricing.
7.8 Payment for the balance of the full purchase price (less the amount of the Deposit paid) (Balance) must be made by credit or debit card. We accept payment with debit or credit cards. We will not charge your credit or debit card in respect of the Balance until we send you the relevant Booking Confirmation.
8. OUR REFUNDS POLICY
8.1 When you cancel a Tour in accordance with clause 5 above we will notify you of any refund due (if applicable) via email within a reasonable period of time. We will usually process any
refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via email
8.2 Our cancellation charge will be based on the number of days between the start date of the Tour and the date we received your notice of cancellation (Notice Days). The following table sets out the percentage refund that you will receive for both deposit or final payment as applicable:
Number of Notice Days
% Payable as a Refund, for Final Payment / Deposit
Greater than 121 days
100% final payment / 75% deposit
75% final payment / 50% deposit
50% final payment / 0% deposit
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase, although this will be subject to change at our sole discretion.
8.4 No refunds will be provided for any unused portion of a Tour once the Tour begins, including if you leave a tour for any reason or have to be removed from a tour. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies (including for the avoidance of doubt, pandemics or any other infectious disease or any other circumstances beyond our control. For this reason, you must purchase adequate trip cancellation and interruption insurance.
9.1 It is a term of the Contract that you and every Co-traveller has in place adequate insurance prior to the Tour start date to include but not limited to: cost of assistance (including repatriation) in the event of accident of illness; loss of baggage and money; loss of or damage to equipment both used by you, provided by us, hired from a third party or otherwise; medical expenses; trip interruption and cancellation, accident/life, evacuation, nd other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you.
9.2 In addition, to clause 9.1 there is insurance designed for the type of Tours we offer and we recommend you purchase insurance with this type of cover. Any claims concerning matters for which you are insured must be directed to your insurers. If you have booked flights independently of your Tour, you may wish to consider arranging insurance to cover the cost of your cancelled Tour if your airline cancels or delays your flight and you cannot make it to the start of your Tour.
9.3 Please also ensure that your insurance covers you for cancellations or changes relating to Covid 19 as you may still be subject to our Refund Policy and cancellation charges (clause 8). See also clause 20.2.
9.4 We reserve the right to request proof or insurance at any time prior to travel.
10. OUR LIABILITY
10.1 As Package Organiser, we are responsible for the proper provision of all travel arrangements included in your Tour, as set out on your Booking Confirmation. Subject to these Booking Conditions, if we or our supplier negligently perform or arrange those travel arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Tour you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation 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 the supplier’s negligence affected the overall enjoyment of your Tour. Please note that it is your responsibility to show that we or the suppliers have been negligent if you wish to make a claim against us.
10.2 Whilst you are on Tour, if 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 with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative arrangements or other such assistance you require. Any 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 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.
10.3 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 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) Unavoidable or Extraordinary Circumstances (as defined in clause 20); or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
10.4 This clause 10 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) to you in respect of: any breach of the Contract; your participation in the Tour; and any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
10.5 Subject to clause 10.1, all warranties, conditions and other items implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.6 Nothing in these Booking Conditions limits or excludes our liability: for death or personal injury arising from negligence; or for any damage or liability incurred by the you as a result of our fraud or fraudulent misrepresentation; or under section 2(3) of the Consumer Protection Act 1987.
10.7 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.
10.8 You acknowledge that you are aware and clearly understand that all suppliers to AETL are independent contractors or companies, are not managed by AETL, and are not agents or employees of AETL. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the United Kingdom.
10.9 Subject to clauses 10.5 and 10.6 our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to twice the price of the Tour 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.
10.10 When making any payment under this clause 10, we are entitled to deduct any money which you have received or are entitled to receive from the relevant supplier for the complaint or claim in question.
10.11 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 Booking Conditions.
10.12 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.
10.13 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our Site. 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.
10.14 Where it is impossible for you to return to your departure point as per the agreed return date of your Tour, due to Unavoidable and Extraordinary circumstances (clause 20), 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 three night accommodation limit 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 Tour.
10.15 Tour Start Date: It is your responsibility to be ready to embark on the tour as specified in the itinerary. AETL is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures or any other COVID related reason why you are unable to start the Tour You should ensure that you have adequate travel insurance to cover these situations.
11. DATA PROTECTION
You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and your personal data may be processed by us and on our behalf in connection with our provision of the Tour. Please refer to our Privacy and Cookies Policy on the Site.
In the unlikely event that you have a complaint during the Tour then in the first instance you should raise it with our representative attending the Tour who will either deal with the issue directly or escalate it as appropriate. You can also contact us directly by email at firstname.lastname@example.org to raise any issues. You must notify us in writing of your complaint within 28 days of the completion of your Tour if the complaint was not dealt with properly during the Tour.
13. PRE TOUR TRAVEL
13.1 All travel arrangements which take place prior to and/or after a Tour are solely your responsibility. This includes flight arrangements, passports, visas and other travel requirements.
13.2 Should you arrive late to the designated departure point as stated on the Booking Confirmation, for whatever reason, then it is your responsibility to let us know and arrange and procure any necessary transport to enable you to join the Tour itinerary at an agreed later point and place.
13.3 Please note that in the unlikely event of cancellation of the Tour in accordance with clause 6 we will not be liable for any costs or expenses you have incurred that relate to travel arrangements you have made which take place prior to or after the scheduled dates of the cancelled Tour.
14.1 As part of the Tour accommodation will be provided on a dinner, bed and breakfast basis. The accommodation will be reserved by us in your name and on arrival you will be required to complete any necessary documentation provided by the accommodation provider setting out their own terms and conditions on which they accept guests, and you agree to abide by these. You will be personally liable for any additional drinks, goods and other products and services purchased (Additional Purchases) during your stay at the accommodation and you will be required to settle any outstanding bills relating to any Additional Purchases prior to your departure from the provided accommodation.
14.2 Accommodation is pre-booked for each Tour and, subject to the other provisions of these terms and conditions, no refunds can be made in respect of unused accommodation.
15. EQUIPMENT AND HIRE CONDITIONS
15.1 As specified in the relevant Booking Confirmation, we may provide you with equipment including but not limited to, bicycles, safety helmets, water bottles and maps (Equipment). The Equipment, including all accessories supplied to you, is let out on hire. The Equipment remains our property and you will not sell, hire out or otherwise part with possession of it.
15.2 You undertake on behalf of yourself and your Co-travellers (if any) to use the Equipment with all due care and to keep the Equipment clean, in good repair and safe for the duration of the Tour. We shall charge you for any costs we incur for any cleaning, repair or replacement of the Equipment as we, in our sole discretion, determine necessary and in respect of any other damage (with the exception of any ordinary wear and tear) to any Equipment. In the event of a
breakdown, other than a result of your misuse, we will use reasonable endeavours to repair or procure the repair of the Equipment.
15.3 You may be asked to pay an additional deposit for any Equipment provided to you by us as specified in the Booking Confirmation.
15.4 You must ensure that the Equipment is adequately secured when not in use, not use the equipment whilst under the influence of alcohol or drugs, and immediately notify us in the event of the breakdown or loss of the Equipment.
It is a condition of booking your Tour that you agree to photographic images being taken of you participating in the Tour and you agree irrevocably to assign and or waive all and any rights and title to or in any such images to us and to our use of the images for marketing and promotional purposes.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We may contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
All notices by you to us must be sent to Active England Tours Limited, 3 The Gallery, 54 Marston St, Oxford, OX41LF. We may give notice to you at either the email or postal address you provide to us when placing a booking or in any of the ways specified in clause 17 above. Notice will be deemed received and properly served 24 hours after an email is sent, forty-eight hours after posting it on our website, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
19.2 Subject to clause 5.8, you may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent which will not unreasonably be withheld subject to the transferee or assignee satisfies all the conditions applicable to the Tour and both persons accepting joint and several liability for full payment of the Tour price and our charge for confirming the transfer and any costs arising from the transfer.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20. UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES
20.1 Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
20.2 For the avoidance of doubt Unavoidable and Extraordinary circumstances only includes Covid 19 to the extent that it means the Contract cannot be performed by us or has to be significantly changed. It does not cover any other Covid 19 situations where the Tour can still be performed for example if you are forced to isolate. You should check your travel insurance policy carefully to ensure that you are appropriately covered (clause 9).
20.3 We shall have no liability to you under a Contract for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by Unavoidable and Extraordinary circumstances.
21. SAFETY AND SECURITY
21.1 Your personal belongings are your own responsibility during you Tour with us. Bicycles are particularly vulnerable to theft.
21.2 Activities which take place out of doors are provided subject to appropriate weather conditions prevailing at the time the activity is to take place.
21.3 You must ensure that any activity or facility selected by you or any Co-travellers is suitable for those who are taking part.
21.4 You (and each of your Co-travellers) are required to follow any safety advice provided to you including those relating to the Highway Code and the need to wear a cycle helmet when cycling or mountain biking, or a life-jacket/buoyancy aid when paddle boarding, kayaking, canoeing or punting.
21.5 You may not advertise, use, give or resell your Tour or any discount offer associated with it or offer to do so (for profit or otherwise) or use it in connection with a competition, promotion, business and charitable or any other similar venture without our express advance written permission.
21.6 If bringing your own equipment on one of our Tours, please ensure that it is adequately maintained and insured. We will take all reasonable care handling such equipment, however we are not responsible for any damage caused to equipment by a third party unconnected with the provision of the travel services contracted for, whether such damage is caused during the Tour or whilst the equipment is in transit.
22. FINANCIAL PROTECTION
22.1 The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Active England Tours Limited – 5320, and in the event of their insolvency, protection is provided for the following:
22.2 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 will not be protected by ABTOT with Active England Tours Limited.
22.3 In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
22.4 You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
23.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Booking Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these Booking Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
If any of these Booking Conditions or any provisions of a Contract are determined by any court or other competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
25.1 The Contract and these Booking Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
25.2 In the event of any conflict between the terms of the Contract and the Booking Conditions and the terms of the Contract shall prevail.
25.3 Nothing in this clause shall limit or exclude any liability for fraud.
26. OUR RIGHT TO VARY THESE BOOKING CONDITIONS
26.1 We have the right to revise and amend these Booking Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
26.2 You will be subject to the policies and Booking Conditions in force at the time that you book your Tour from us, unless any change to those policies or these Booking Conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously placed by you), or if we notify you of any change to those policies or these Booking Conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Booking Confirmation).
27. RIGHTS OF THIRD PARTIES
A person who is not a party to the Contract shall not have any rights under or in connection with it.
28. LAW AND JURISDICTION
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation, will be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation.