TERMS & CONDITIONS
These are the terms and conditions of sale and operations of services sold by Macdui Bike Adventures, Team Velocita Ltd, Scotland, UK. The term ‘client’ refers to the individual or organisation making the booking and those on the ride. Please read all the details set out in the tour booking page to ensure that you understand the style of the tour you are undertaking.
BOOKINGS & PAYMENT
When you complete and return the booking form you agree to accept all these conditions and when we accept your booking we agree to carry out our obligations as defined to you in all materials sent to you from us. This agreement is made subject to, and must be interpreted and enforced by Scots Law.
Bookings are subject to the availability of bicycles in the size for all members of your party. We will make reasonable efforts to inform you if the optimum size is not available.
Full payment is required on booking. The booking is not accepted and no contract exists until the date shown on the confirmation email issued by us, and the required bike sizes are confirmed.
If the individual client making the booking is doing so for a group of two or more people they will automatically be allocated the status of ‘party leader’ and will be the primary contact and responsible person for all passengers and all information and matters concerning the reservation.
The client is responsible for providing correct contact information including email and mobile phone number. Any failure in services resulting from us having incorrect contact information will be deemed to be the fault of the client and no compensation will be available.
Bookings will be confirmed electronically by email once payment has been received. Should this confirmation not be received, the client must contact us to raise the matter. This could be for various reasons including incorrect spelling of email addresses during the booking process.
We will always try our best to avoid delays, cancelling or amending a trip, however, we reserve the right to change the itinerary advertised for any booking, at any time and for any reason, such as adverse weather conditions, forestry operations and other seasonal activities. We are not liable for any additional expenses you incur through cancellation, amendments or unforeseen delays. In circumstances where cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable expenses.
To make a booking you must be 18 years or over. Those under 18 years of age may join a tour, but this must be booked by parent or elected guardian. The conduct and behaviour of any client under the age of 18 is the responsibility of the parent or elected guardian. We have no upper age limit though we remind you that our tours can be physically demanding and a doctor’s declaration may be sought in some instances.
ACCEPTANCE OF RISK AND RESPONSIBILITIES AS A CLIENT
It is a fundamental booking condition that you accept certain activities such as mountain biking can be hazardous and may involve elements of risk or discomfort, and that you take personal responsibility for your own actions.
We take no responsibility for damage, death or injury caused to you or by you as a result of participation. You must at all times participate within your own ability and always wear approved safety equipment.
You must confirm that you are fit to participate in your chosen activity and that you have informed us of any medical conditions affecting your participation in the activity. You must notify us of any specific medication and dietary requirements at time of booking.
If you have to drop out of a trip, although we will do our best to assist, you will be responsible for any travel arrangements or additional costs incurred.
For clients using our services to participate in outdoor activities e.g. cycling and mountain biking – it is the client’s responsibility to ensure the suitability of a route for their fitness, abilities and equipment.
Helmets must be worn.
AUTHORITY ON TOUR
The decision of the guide on our tours is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a guide, or interfere with the well-being of the group, the guide may order you to leave the trip immediately, with no right of refund. In such a circumstance, where a traveller is removed from the tour, we accept no responsibility for their transfer back to the tour end point or any costs incurred therein. Any transport arranged for the traveller in question will be at our discretion.
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.
I have voluntarily applied to participate in the tour on which I am booked.
I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, or any other actions, omissions, or conditions outside the control of the company.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by the company I agree to be responsible for my own welfare and assume all of the above risks, including those known and unknown to me.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Team Velocita Ltd, I expressly release, discharge and hold harmless forever Team Velocita Ltd, their owners, employees, affiliated entities, employees, agents, representatives, officers, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by the company.
I agree that the terms of this agreement shall serve as a complete release and express assumption of risk for myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release the company from any and all liability to the maximum extent permitted by law.
I further agree to “indemnify” the company against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the expedition or my participation in the tour.
I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all of its conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that by accepting these terms and conditions (i.e. by completing a booking), this constitutes my acceptance of this agreement.
All information, including contact details, supplied to us by the client during the booking process will remain confidential and will not be shared with any companies or organisations. The only exception to this will be in cases where we arrange third party services e.g. a vehicle(s) from third party transport companies to assist in the delivery of booked services.
Photographs and videos: any likeness or image of you secured or taken on any of our trips may be used by the company 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.