Terms & Conditions
The following terms and conditions form the basis of your contract with Bike Holiday Spain Ltd. Please read them carefully as they set out our respective rights and obligations. By asking us to conﬁrm your booking, we assume you have read these terms and conditions and agree to them. Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.
All references in these booking conditions to “holiday”, “booking”, “contract”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires and “group leader” means the person who makes the booking. “We”, “us” and “our” means Bike Holiday Spain Ltd. References to “the Hub” refers to our biking facility in Fuengirola and “additional activities” refers to any facilities, services, activities or excursions you book for after receipt of the booking conﬁrmation. “Riding Days” refers to the number of days you plan to ride in any given calendar week.
1.Making a Booking
- 1 Booking enquiries can be made by you electronically, by post or phone to us which constitutes an offer by you to purchase the facilities and services speciﬁed in the booking enquiry, in accordance with these terms and conditions.To make a booking you must be over 18.
- 1.1 A contract will only be in place between you and us once all your necessary payments have cleared to us and we are satisﬁed that all relevant persons are covered by the appropriate activity insurance and we have issued an email conﬁrmation of this to you.The date on the conﬁrmation will be the date the contract is made.You should note that it is agreed that no contract comes into effect until an email conﬁrmation is received by you, and in particular there is no contract following a telephone booking or enquiry.
- 1.2 To secure your booking we must receive a payment within 7 days of receiving the enquiry. The payment will correspond to the number of days riding and be conﬁrmed by us at the time of the booking enquiry.
- 1.3 Your contract is made between Bike holiday Spain Ltd. (company number 10455674) of 6 Hill View, Macclesﬁeld, Cheshire SK10 5DU and the group leader on the booking conﬁrmation. For group bookings, the person who receives the booking conﬁrmation (the group leader) does so as agent for all persons referred to by you in the booking enquiry and acknowledges that these terms & conditions apply to such persons.
- 1.4 If any further payments are due to us this will be conﬁrmed by us at the time of the booking enquiry along with payment options.
- 1.5 This contract does not include any additional activities, i.e. facilities, services, activities or excursions that you book and pay for after receipt of the booking conﬁrmation. These additional activities are provided by separate contracts but care should be taken to note at the time additional activities are booked who it is that is agreeing to provide you with such additional activities. This will not always be us. A contract for additional activities will be governed by the law of the place where the contract is made.
1.6 Should you need help booking ﬂights or accommodation then our recommended travel partner Ambassador Holidays Limited can assist you. Bookings made with Ambassador Holidays Limited are not part of your contract with us. Term 1.5 above applies.
2. Dates of stay & riding days
- 2.1 Your conﬁrmation email will only include your number of your riding days and the calendar week(s) you plan to ride. This is so you have the ﬂexibility to ﬁnd the best ﬂight and accommodation deals after the receipt of your booking conﬁrmation.
- 2.2 To ensure you get to ride on speciﬁc days in your booked calendar week it is your responsibility to tell us of the days you would prefer to ride and travel details at least 28 days before your ﬁrst riding day as shown on your booking conﬁrmation. This also applies to transport and transfers please see section on transport and transfers for further details. 2.3 We will take all reasonable steps to ensure you get to ride on your requested days. The earlier you provide your preferred riding days and travel details the more likely you will get the days you want.
3 Passports, health & insurances
- 3.1 You need a full passport to travel to Spain and it is your responsibility to make sure it is valid for the period of your stay.
- 3.2 You agree take out the relevant European insurance to cover the period of travel (including cancellation), baggage, personal belonging, sports liability, public liability, personal accident, loss of earnings and sports equipment.
- 3.3 As we do not take payments for ﬂights on your behalf we are not responsible for your repatriation. You must take out your own travel insurance to cover this.
- 3.4 Your insurance cover will speciﬁcally include medical and accident recovery insurance for injuries gained whilst mountain biking on unmarked trails. Riders that plan to do Enduro or DH style riding also need to include mountain rescue by helicopter.
- 3.5 You agree to bring a copy of your valid insurance certiﬁcate and keep it on you at all times.
- 3.6 You agree to sign our risk & responsibilities acknowledgement form upon arrival. A copy can be provided prior to booking upon request.
- 3.7 You agree to attend our riders brieﬁng and read our emergencies and medical care advice notice.
- 3.8 We will carry a basic ﬁrst aid kit and route cards with the nearest emergency contact details.
- 3.9 You accept that any medication or treatment offered is at your own risk and we are not liable for any side effects to medication or treatment offered.
- 3.10 You are responsible for giving us any special dietary requirements. We cannot guarantee that we can cater for all special dietary requirements. We would therefore recommend that anyone with special requirements does not have the lunches & snacks provided.
- 3.11 If you prefer not to be treated by us in the event of an accident you will advise us accordingly before your ﬁrst ride.
4.Transport & transfers
- 4.1 Transfer are from Malaga Airport only.
- 4.2 If you have booked ﬂights and accommodation through our recommended travel agent you do not need to supply us with your travel details.
- 4.3 If you have booked your own ﬂights or accommodation you are responsible for providing us with your correct outbound and inbound ﬂight details at least 28 days before your ﬁrst riding day as shown on your booking conﬁrmation.
- 4.4 Free transfers are only applicable to bookings of 4 riding days or more and between the hours of 0700am and 1000pm. Transfers for bookings of 4 riding days or more between the hours of 1000pm and 7am may incur an additional charge. Free transfers for bookings of less than 4 days will be at our discretion.
- 4.5 We shall not be liable in any way for missed ﬂight departures under any circumstances.
- 4.6 Delayed or cancelled ﬂights are out of our control, and as such we will not be responsible for missed airport transfers.
- 4.7 On local riding days our transport for the day’s activities will leave the hub between 10.00 – 1030am and return to the hub between 430PM and 5.30PM. It is your responsibility to ensure that you do not miss it.
- 4.8 On our weekly day trips our transport for the day’s activities will leave the hub between 0930 – 1000am and return to the hub between 530PM and 6.30PM. It is your responsibility to ensure that you do not miss it.
- 4.9 You agree to use our transport and bike trailers entirely at your own risk. You are responsible for the loading and unloading of your bike on to our trailer. Any items left on the transport, including our trailer, are done so at your own risk. We are not liable for any loss or damage caused to your equipment while it is on our transport.
- 4.10 We shall not be liable for events such as vehicle breakdown, bad trafﬁc, adverse weather, accident, driver or guest illness and many other unexpected events that can delay our transport and transfers.
5. Bike hire
- 5.1 All hired cycles remain the property of the Company and shall not be sold, hired or loaned out by the Client.
- 5.2 The Client acknowledges that the cycle hired is in good condition and undertakes to return the cycle and any accessories in that same condition, or to make a payment to the Company, immediately on demand, sufﬁcient to return the cycle to that condition.
- 5.3 The Company shall not be liable for any damage or loss arising from the Clients use of the equipment.
- 5.4 The Client shall indemnify the Company against any claim howsoever arising as a result of the Client’s use of the cycle during the period of hire.
- 5.5 In the event that the cycle and/or any accessories are lost or stolen the Client shall indemnify the Company for the costs of replacing those items. Should the equipment subsequently be returned in a satisfactory condition these moneys will be repaid. The Client will ensure that the cycle is adequately secured when not in use and will immediately notify the Company or one of it’s representatives in the event of any theft, loss, breakdown or other occurrence relating to the cycle or associated accessories.
- 5.6 All moneys due in relation to the hire of cycles will be payable locally prior to hiring.
- 5.7 The client making payment for the cycle rentals is responsible for the adherence to these terms and conditions, and for payment of any associated additional charges, for all bikes covered by their rental payments, whoever within their group rides those cycles.
- 5.8 If at any time you are unsure about how to operate your bike you should approach us for immediate assistance.
5.9 Taking Care of the Bike – You are fully responsible for the bike you rent for the duration of the rental period. If your bike is damaged on return you will be asked to pay for the damage.
- 5.10 It is very rare that we need to keep any money from any of our clients. If there is damage to be paid for we’ll talk it through with you ﬁrst, and ﬁnd the cheapest possible way of getting things ﬁxed.
6. Safety equipment
- 6.1 You will wear a suitable mountain biking speciﬁc helmet at all times when riding that conforms to the European safety standard EN1078.
- 6.2 Your helmet must be in good condition and have no signs of damage.
- 6.3 You will wear suitable strong biking gloves all times whilst riding.
- 6.4 You will wear suitable eye protection such a riding glasses or goggles.
- 6.5 Forearm-elbow and knee-shin pads are strongly recommend.
- 6.6 You will carry enough water for each ride. A water container will be carried on the minibus for you to top up your water.
7. Risks & responsibilities
- 7.3 Mountain biking is a dangerous activity and you ride entirely at your own risk.
- 7.4 You understand that you will be riding in remote, unmaintained and natural environments and we cannot guarantee the safety of the trails.
- 7.5 You understand that natural hazards particular to such activities include, but are not limited to: boulders, drops, cliffs, stream-crossings, fallen trees, uneven surfaces, ﬂooding and severe subsidence can and does exist without warning. We cannot be held responsible for any loss, damage or injury caused by such hazards.
- 7.6 You understand that there is substantial risk of injury, property damage, and other dangers associated with participation in mountain biking activities.
- 7.7 The injuries particular to such activities include, but are not limited to: broken bones, strains, sprains, bruises, concussion, cuts, abrasions, burns, blunt trauma, or in extreme cases paralysis.
- 7.8 The dangers particular to such activities include, but are not limited to: scorpion, ant, bee, wasp or hornet stings, centipede, snake or spider bites, ticks, processional caterpillars, hypothermia, heart attack, heat exhaustion, dehydration, or in extreme cases death.
- 7.9 The extent of injuries will be reduced by wearing appropriate safety equipment as detailed below (see Safety equipment).
- 7.10 The only way to be sure of avoiding injury, is not to ride at all and you will make your own judgements on your ability and whether to ride. If we proceed along a trail, you cannot assume it is safe for you to also proceed.
- 7.11 You are aware that the trails we use are open to walkers and other members of the public and you are responsible for checking for other users, and any other hazards, before proceeding along a trail. You are responsible for being aware and giving way to other trail users such as, but not limited to: horse riders and walkers.
- 7.12 You agree to control your speed at all times, in particular at crests, bends, or other places where you cannot see oncoming trafﬁc, such that you can stop without endangering yourself or other trail users.
- 7.13 You are responsible for your actions that result in injury or damage to property sustained; to themselves, to other riders, and to members of the general public or users of the mountain.
- 7.14 If you choose to act on any advice you do so at your own risk.
- 7.15 Although we take every precaution to ensure the safety of our riders we will not be liable for any personal injuries or death.
- 7.16 You must abide by the authority of your guide. If they believe that your behaviour presents any risk to the safety or enjoyment of the group you may be asked to leave the group. You will not be entitled to any refund in these circumstances
- 7.17 We will provide tools for you to perform basic bike maintenance and you agree to use our tools at your own risk.You agree to look after our tools and return them in the same condition.
- 7.18 You agree to take good care of all our property including The Hub. Any damage must be reported immediately and paid for. Whilst using The Hub you will not do anything which may cause a nuisance or annoyance to other guests or neighbouring properties.
- 7.19 You are responsible for your own bike and making sure it is in good working order each day. We are not responsible for any damage caused to your bike while in transit, either on route to Spain, during your holiday with us, or on your return journey.
- 7.20 We shall not be liable to you for damage to or loss of your personal property.
- 8.1 If you have any medical condition or disability which may affect your holiday or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you conﬁrm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking.
- 8.2 In any event, you must give us full details in writing at the time of booking and whenever any signiﬁcant change in the condition or disability occurs.
- 8.3 You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been conﬁrmed.
9. Cancellations & curtailment
- 9.1 We are entitled to cancel this agreement immediately and without notice if the total payment is not paid by the due date even if it was not formally demanded or if the customers do not comply with the terms of this agreement.
- 9.2 Any monies paid are not refundable in the event of a cancellation by the customer. It is recommended that insurance be taken out to cover this aspect.
- 9.3 In exceptional circumstances we may be required to cancel the booking in which case we shall refund the customer for the unused period of the booking.
- 9.4 We shall not be liable for any loss, damage or inconvenience caused to or suffered by the customer if we have to cancel.
- 9.5 We are entitled to cancel the booking immediately if damage has been caused or is likely to be caused to the property or our equipment by the customer. These circumstances will be treated as a cancellation by the customer, no refund of monies paid will be made and we accept no liability towards further costs incurred by the customer.
- 9.6 Cancellations by you must be made in writing by you and will incur loss of any monies paid.
- 10.1 If the person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other signiﬁcant reason, we will agree to that person’s booking being transferred to another person introduced by you.The person being transferred must satisfy all the conditions applicable to the package, subject to both persons accepting liability for full payment of the holiday cost.
- 10.2 We must be given at least 14 days’ notice of the transfer request. There will be no administration charge for transferring bookings.
- 11.1 Any complaint should be communicated to us as soon as it arises so that action can be taken to alleviate or resolve the problem. We will make every attempt to resolve all complaints swiftly and efﬁciently.
11.2 In the unfortunate circumstance of disputes that cannot be satisﬁed during the holiday duration, the complainant must make their case in writing within 14 days of your departure.
- 12.1 We reserve the right in our absolute discretion to refuse to accept any booking without necessarily specifying a reason.
- 12.2 We shall not be liable for any temporary defect or stoppage of services, nor in respect of any equipment, machinery or appliance failure. Nor for any stoppage of services, loss, damage, or injury, which is the result of any adverse weather conditions or other matters beyond our control.
- 12.3 Photographs and videos will be taken and may be used in promotional materials. Anyone not wishing to have their photograph used should contact us prior to the visit.
- 12.4 Under no circumstances shall our liability to the customer exceed the amount paid by the customer for the booking.
13.Law and jurisdiction
- 13.1 This contract is governed by the law of England and Wales.
- 13.2 The Courts of England and Wales shall have exclusive jurisdiction in respect of all claims and disputes or whatever nature arising out of the provision of the contract facilities and services and the interpretation of this contract.
- 13.3 Term 13.2 above shall not apply in the case of customers who are domiciled in Scotland and Northern Ireland who may elect to bring proceedings in the courts of the country of their own domicile.