The small print. Please read these details before you make a booking.
All holidays are provided by Open Road Open Skies Limited (“the Company”, “we”, “our” or “us”) and are sold subject to the following conditions.
Making a Booking
1. Prior to booking please read the tour description, itinerary and notes and these booking conditions. If you have any questions please contact us for clarification. Please print these conditions and keep a copy for your records.
3. We will invoice you for the remainder of the cost of your holiday, which you must pay no later than 8 weeks before departure. If you book less than 8 weeks before departure full payment must be made on booking. If the balance is not paid in time we reserve the right to cancel your holiday and apply the cancellation charges outlined below.
Cancellation by you
4.1 8 weeks or more before the departure date you will forfeit your deposit;
4.2 more than 4 weeks and less than 8 weeks a 50% refund of the holiday price will be made;
4.3 less than 4 weeks before the departure date no refund will be given; or
4.4 if the Company requires a lesser sum than set out in 4.1, 4.2 and 4.3 above to cover its reasonable costs and losses caused by the cancellation, it may at its discretion charge you that lesser sum.
5. The Company shall take all reasonable steps to keep its costs and losses to a minimum.
Cancellation by the Company
6. We may cancel your holiday including in the following circumstances:
6.1 where circumstances beyond our reasonable control arise, for example, war, civil or political unrest, terrorism, poor weather conditions or technical problems arise with transport; and/or
6.2 the minimum number needed to operate one of our holidays has not been met. We will advise you of this no later than 14 days prior to departure.
7. If we cancel in either of the circumstances described above, we will, if possible, offer an alternative holiday. If the replacement holiday is of a lower value we will refund the difference in price to you. If this is not acceptable to you we will refund all payments made to us in respect of your holiday, but not any insurance premium as this product is purchased from a third party and operates from the time of purchase.
8. Please refer to condition 10 below relating to insurance. You should utilise your insurance cover for any loss you suffer before requesting or accepting a refund from us.
9. If any person is prevented from travelling, we will agree to that person’s booking being transferred to another person who satisfies all the conditions applicable to the holiday, subject to both persons accepting joint and several liability for full payment of the holiday price and our charge for confirming the transfer and any additional costs arising from the transfer. We must be given reasonable notice of the transfer request, which is considered to be at least 14 days prior to the departure date.
10. We require you to purchase full travel insurance, including coverage for repatriation should you become too ill to continue with your holiday, for clients from other countries. Please provide us with an indication that you have purchased this insurance at the time full payment is made. You can purchase this insurance from your travel agent.
11. Prices quoted on the website or anywhere else in our literature are a guide only and may change at any time up to the point a contract is made between us. All prices include VAT at the appropriate rate. After the contract is made between us we have the right to increase the price of the holiday where the cost to us of providing you with the holiday package increases:
11.1 due to any change in VAT or any other duties, surcharges or fees levied on your holiday package;
11.2 as a result of a rise in transportation costs.
12. We will not make any such increase to the basic cost of your holiday within 30 days of your holiday start date. We will also absorb all such increases where they amount to less than 2% of the total cost of your holiday. These provisions exclude insurance and cancellation charges. If we have to increase our prices you will be entitled to cancel your booking with us and receive a full refund, with the exception of any payments made for insurance.
13. Your booking is accepted on the understanding that you accept:
13.1 the risks and hazards of such a holiday, including the dangers inherent in cycling either on the road or off the road, the dangers inherent in the other activities included in our other holidays, adverse weather conditions,
13.2 the potential for (amongst other things) delays, alterations, loss or damage to property, inconvenience and discomfort.
14. You should satisfy yourself before booking that you have researched your destination, made an informed decision to travel, and taken all necessary precautions. You can obtain travel advice from the British Foreign and Commonwealth Office.
15. There is a natural need to be flexible in a holiday of this kind. The day to day agenda and ultimate aim of the holiday is taken as an objective and not as a contractual obligation. It is a fundamental condition of booking that you accept this flexibility, and acknowledge that delays and alterations and their subsequent results, such as inconvenience, discomfort, or disappointment, are possible.
16. If after departure we are unable to provide a significant proportion of the services we had agreed to aim to provide as part of our contract with you, we will act reasonably to make suitable alternative arrangements.
17. On any of our holidays it is necessary that you abide by the authority of the leader, who represents the Company, and whose decision is final. Completing our booking form signifies your agreement to this, and if you commit any illegal act when on the holiday or if in the reasonable opinion of the leader your behaviour is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part.
18. We cannot guarantee the composition of the group in terms of age, nationality, gender, singles and couples.
19. Please note that flights and other products you purchase separately do not form part of your holiday package with us.
20. Travel arrangements to meet or on leaving any tour are your responsibility. Any guidance we may provide is simply that and must be checked by you.
21. Our responsibility does not commence until the appointed time at the designated meeting point. If you fail to arrive there at the appointed time for whatever reason, we will not be responsible for any additional expenses incurred by you to meet up with the group.
22. Any information given by the Company in regard to climate, clothing, special equipment, topography etc is done so in good faith and must be rechecked by you prior to relying on it.
23. No refund or compensation will be made or given for any unused hotel accommodation, services or features of the holiday where unused at your discretion or as a result of your action/inaction.
Medical and special requirements
24. It is your responsibility to ensure that you are sufficiently fit and healthy to complete your chosen holiday. We reserve the right to require you to produce a doctor’s certificate of fitness to participate in your chosen holiday. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the holiday, you must advise us before booking. If you do not do so, we may cancel your holiday at any time.
25. If you have special requirements a risk assessment might be required prior to confirming a booking or allowing participation in certain activities. Please note that we rely on the information you provide to help us anticipate and satisfy your needs. We therefore require you to give us a full and frank description of your needs. You must update us with any change in your circumstances prior to and during your stay. Our guides can only provide general first aid. As such it may be necessary for you or a member of your party to be able to administer or attend to your/their own medical needs or have someone accompany you/them who can do so.
26. You should inform us immediately if, within 4 weeks prior to your arrival date or during your break, any member of your party has, or develops, an infectious or contagious medical condition. If so, we have the right to:
26.1 refuse to accept your booking;
26.2 cancel your holiday; or
26.3 ask any member of your party to leave immediately, should we, at our reasonable discretion, consider it necessary to protect the health of others.
Our liability to you
27. Nothing in these terms seeks to limit or exclude our liability if something we do or fail to do causes death or personal injury through our negligence or if we cause damage to your property and that cause is our fault. the services not matching our description of them or our negligent performance of the services.
28. Other than this liability which we have accepted, we will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are reasonably foreseeable to both of us at the time we enter into the contract with you.
29. We shall not be held liable for any damages caused by the total, or partial failure to provide your holiday if such failure is:
29.1 attributable to you; or
29.2 unforeseeable or unavoidable and attributable to a third party unconnected with us or any of our sub-contractors; or
29.3 as a result of unusual and unforeseeable circumstances beyond our control including but not limited to strikes, war, civil or political unrest or government action; or
29.4 due to the theft of bicycles or injury as a result of cycling either on or off road and in particular injuries as a result of either inadequately maintained and serviced personal equipment or failure to wear the correct safety equipment most notably cycle helmets, unless demonstrably due to our negligence.
30. In addition, since the services are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur as a result of any breach of our agreement.
31. We will also not be liable for direct damage or loss of any nature caused, or contributed to, by any defect in or failure (whether partial or complete) of any travel services not provided by us, and which we could not reasonably be expected to be responsible for.
32. Except for those areas for which we do not seek to exclude liability, our total liability to you is limited to twice the basic tour price per person shown on the invoice.
33. Any complaints regarding the holiday should be made to the tour leader and/ or local representative who will normally take the appropriate action. If at the end of the tour, you feel that your complaint was not dealt with properly and were not satisfied with the response, you must notify us of your complaint in writing within 28 days of the actual completion date of the tour. We will try to agree a settlement with you.
34. Please note that all information given about our holidays, whether on our website or otherwise, is intended merely to present a general idea of the holiday. Information is correct to the best of our knowledge. You will be provided with an itinerary for your holiday giving details such as, the type of accommodation used, what is included in the price and health formalities. Changes in all of these items may be made at any time and we will notify you of any changes that we become aware of as soon as we are reasonably able to do so. You should ensure that you are fully aware of the details of the trip before booking.
Safety and Security
34. Your personal belongings are your own responsibility during your holiday with us. The police have notified us that personal cycles are particularly vulnerable to theft.
35. Activities which take place out of doors are provided subject to appropriate weather conditions prevailing at the time the activity is to take place.
36. You must ensure that any activity or facility selected by you or any members of your party is suitable for those who are taking part.
37. You are required to follow any safety advice provided to you including wearing a cycle helmet when cycling. Points to consider before booking
38. You may not bring with you or use any shotgun, knife, firearm, air weapon, archery equipment, fireworks (including sparklers), illegal substances or similar item under any circumstances.
39. Should you wish to use one of our holidays as a gift, prize, part of a reward programme or other promotion you must contact us before making the booking. We will detail the special requirements that apply. By booking you will be deemed to have accepted our special requirements as notified to you.
40. You may not advertise, use, give or resell your holiday 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.
Equipment and Accommodation
41. Each accommodation provider may have its own terms and conditions on which they accept guests, and you agree to abide by these.
42. You are expected to use the equipment and facilities provided to you with care and to keep them in a clean and tidy condition. We reserve the right to charge you for any extra cleaning, missing items or damage.
43. We reserve the right to enter your accommodation at any time for any reasonable purpose, for example, to make checks, or carry out essential inspection, maintenance work, housekeeping or repairs. Please note that your occupation is not therefore exclusive.
44. As we continually strive to improve our facilities and holidays you acknowledge and accept that you may find that:
44.1 new facilities are available;
44.2 listed facilities are temporarily closed for maintenance and/or improvement;
44.3 some facilities have been altered;
44.4 maintenance work or housekeeping tasks are undertaken; and
44.5 different equipment is provided to that described in our brochures or other communications.
45. If bringing your own equipment on one of our holidays, please ensure that it is adequately maintained and insured. We will take all reasonable care when transporting equipment, however we are not responsible for any damage caused to equipment by a third party unconnected with the provision of the services contracted for, whether such damage is caused during the holiday or whilst the equipment is in transit.
Compensation payable by you
46. By booking you agree that we have the right either during or after your holiday to recover from you, either via the credit/charge or debit card used to pay for the holiday or otherwise, the costs of:
46.1 any compensation we may pay to others, including others on the tour, resulting from your acts or omissions; and/or
46.2 any property or accommodation damage; and/or
46.3 any other charges, fees or levies we may incur resulting from your action or inaction and from any breach of these conditions.
47. These booking conditions may only be waived by one of our directors in writing.
48. These booking conditions are governed by English law and both you and we agree to submit to the non-exclusive jurisdiction of the English courts.
49. By booking, unless you tell us otherwise, you consent to our use of any likeness or image of you secured or taken on any of our holidays without charge in all media (whether now existing or in the future) for bona fide promotional materials of any kind, such as brochures, videos and the internet.
50. We may transfer and / or assign its rights and / or its obligations under these booking conditions. This will not affect your rights under this contract. You may not transfer any of your rights or obligations under these booking conditions without our prior written consent, which we may not unreasonably withheld.
51. You are responsible for the supervision of all members of your party under the age of 18.
52. If either you or we breach this contract and the party not in breach ignores this, the party not in breach will still be entitled to use its rights and remedies at a later date.
53. If any part of these terms and conditions is unenforceable (including any provision in which our liability to you is excluded) the enforceability of any other part of these terms and conditions will not be affected.
54. A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Bike Hire Conditions
55. The equipment, including all accessories supplied, is let out on hire. The equipment remains our property and you will not sell, hire out or otherwise part with the possession thereof.
56. You undertake not to misuse the equipment and to return it with all accessories in the same condition as it was when received by you (ordinary wear and tear excepted). We shall be entitled to charge you for any damage caused to the equipment during the period of hire caused by your act or omission. 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.
57. In the event of the equipment being stolen or lost, we reserve the right to call upon you to indemnify us for the cost of the replacement of the equipment, which will amount to not less than £250. However should the equipment subsequently be returned in a satisfactory condition, we will refund you within 14 days.
58. 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.
Open Road Open Skies Ltd
The company's registered address is 4 Heaton Close, Morecambe, LA3 3AN.
Registered in England and Wales with registered number 09557478