Booking Terms & Conditions - Pre Covid
Last Updated: 18th January 2018 ( PRE-COVID 19)
You, and everyone on whose behalf you book, will be bound by the Booking Terms and Conditions which follow when we confirm your booking.
Please take the time to understand our Booking Terms & Conditions before booking a tour with MAGLIA NERA TOURS. We recommend that you check what is included in the Essential Tour Information for your tour – details the tour itinerary, type of tour, the physical demands and all inclusions, before booking.
1. OUR CONTRACT
All bookings are made with MAGLIA NERA TOURS PTY LTD (ACN 623 773 884) (us/we). By booking a tour with us you are making a booking which incorporates these Booking Terms & Conditions. Your booking will be accepted by us on the basis that you have read, understood and agreed to these Booking Terms & Conditions. The Booking Form, the Booking Terms & Conditions and the Tour Confirmation Invoice will constitute the entire agreement between you and us.
2. BOOKING ACCEPTANCE
Our acceptance of your booking will be confirmed by our issue of your Tour Confirmation Invoice and payment of the deposit or the price (as the case may be). A contract will then exist between you and MAGLIA NERA TOURS
All Dates and Itineraries published on our website Calendar are valid until 31 December 2018. Beyond 31 December 2018 dates and itineraries are indicative only.
4. TOUR PRICES AND SURCHARGES
The most up to date prices are seen on our website www.maglianeratours.com
Tour prices may be expressed in the local currency, with few exceptions indicated on the tour description page. Payment can be made by Bank Transfer or Credit Card. All tour prices are variable and seasonal pricing, both of which are standard practice within the travel industry. Hence, the price of a tour may vary at any time in accordance with demand, market conditions and availability. Participants on the same tour may have likely paid different prices. The best option is too book when you see a price that you like.
Reduced pricing or discounts which arise after you have paid your deposit will not apply to you. If you wish to take advantage of a cheaper price and wish to cancel your booking, then you will be subject to a cancellation fee.
Prices are based on the country where the tour is being operated. We reserve the right to impose surcharges up to 56 days before departure due to unfavourable changes in transportation costs, increases in local operator costs, taxes, or if government action should require us to do so.
In such instances we will be responsible for the any amount up to 2% of the tour price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the tour price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card (subject to applicable laws).
5. PAYMENT OF THE TOUR PRICE
For bookings made more than 56 days before the departure date, you must pay a non-refundable deposit of €1000 / $AUD 1000 / $NZ 1000 per person per tour in accordance with the Tour Confirmation Invoice. The balance of the tour price is payable 56 days before the tour start date. If this balance is not paid on or before that date, we reserve the right to cancel your booking.
For bookings made more than 56 days of the tour start date, the full tour price must be paid at the time of booking in accordance with the Tour Confirmation Invoice.
6. MEMBER LOGIN
After you have booked a tour with MAGLIA NERA TOURS, your Member login will allow you to access specific details of your tour including useful and important information to prepare for your tour. Detailed information on final routes and hotels may not be available closer to the tour start date.
7. YOUR DETAILS
To confirm your booking, we require that you to provide all requested details when paying the balance of the tour price. Obligatory details may vary depending on the tour; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.
Failure to provide requested details may result in a non-refundable cancellation of your tour.
8. FIT TO RIDE CERTIFICATE AND WAIVER
All tours require you to complete and forward a FIT TO RIDE CERTIFICATE from your Doctor and a signed WAIVER form.
9. CANCELLATION BY THE PARTICPANT
If you cancel some or all portions of your tour, booking cancellation fees will apply.
A cancellation will only be effective when we receive written confirmation of the cancellation.
These cancellation fees will apply if you cancel a whole tour:
- 56 days or more prior to the tour start date, we will retain the full deposit;
- Between 31 and 55 days prior to the tour start date, we will retain the deposit or 50% of the tour price; whichever is greater, and
- 30 days or less prior to the tour start date, we will retain 100% of the tour price .
- If you cancel a portion of your tour, the cancellation fee will reflect the tour price applicable to that portion.
Your MAGLIA NERA TOURS contact or Travel Agent will advise if differences apply. Details can be found in the Essential Tour Information relating to your tour.
We strongly recommend that you take out cancellation insurance at the time of booking to cover the cancellation fees, if an unexpected circumstance arises.
If you leave a tour, for any reason, after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after it has commenced, or leave it prior to its completion, it will be treated as a cancellation by you and no refund will be made of the tour price or any portion of it.
If you cancel, you remain liable for additional fees which may be payable to accommodation providers, travel agents or third-party tour and transport operator fees, booked by you.
10. CANCELLATION BY US
MAGLIA NERA TOURS may cancel a tour at any time before the tour start date if an event of force majeure arises of the Department of Foreign Affairs and Trade raises the risk level of the itinerary to level 3 or level 4.
For these purposes. ‘an event of force majeure’ includes: acts of terrorism, natural disasters, extreme weather event, political instability or other external events which make it impossible or not viable for us to operate the planned itinerary.
If we cancel your tour because of an event of force majeure or because the minimum numbers requirement is not satisfied (see 17), you can transfer the tour price paid to an alternate tour or receive a full refund, subject to a deduction for unrecoverable costs.
We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
Non-riders are most welcome. Travel is more fun when shared with a friend or loved one. All of our tours can cater for non-riders, with the option to do other activities whilst their partners are riding, then joining the group for post-ride activities. Non-rider pricing is based on what the participant chooses to do if not riding.
12. BOOKING AMENDMENTS
If you wish to transfer from one tour to another or transfer your booking to a third party, you must notify us at least 56 days prior to the proposed tour start date. A fee of AUD$200 per person per transfer will apply. You will be responsible to pay any charges levied by hotels, ground operators or airlines.
If you notify us less than 56 days prior to the proposed tour start date, the refund policy applicable to cancellations by you will apply.
Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the tour, and transfers to another tour can only be made to a tour with a tour start date within the current validity period.
Any other amendments made in conjunction with your tour will incur an AUD$150 administration fee per booking per change. This fee is payable in addition to any charges levied by hotels, ground operators or airlines for the amendments. No amendments are permitted to your booking within 10 days of the tour start date.
The price includes:
- All accommodation as listed in the Essential Tour Information
- All transport listed in the Essential Tour Information
- Sightseeing and meals as listed in the Essential Tour Information
- The services of a group leader as described in the Essential Tour Information
- Bicycle rental
The land price of your tour does not include:
- International or internal flights unless specified
- Airport transfers, taxes and excess baggage charges unless specified
- Meals other than those specified in the Essential Tour Information
- Beverages, alcoholic drinks
- Visa and passport fees
- Travel insurance
- Optional activities and all personal expenses
MAGLIA NERA TOURS does not operate a kitty for any of its tours.
16. AGE & HEALTH REQUIREMENTS
For the majority of our tours, the minimum age is 15 at the time of travel. All participants under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the participant under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Please note we cannot guarantee adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
In the instance of a Family Tour, the minimum age for a bike rider (no training wheels) is 8. Children younger than 8 must be seated in an approved bike seat or buggy for that country. In the instance where a child is 8 or older and cannot ride a 2-wheel bicycle, they must ride in an approved bike seat or buggy. Children under 8 can only ride when approved by Tour Staff. Children over 8 who display poor riding skills and endanger others can be asked to cease riding by the Tour Staff.
Physical and Cycling Capability
For the majority of our tours we have no upper age limit though we remind you that our tours can be physically demanding, and participants must ensure that they are suitably fit to allow full participation. You must supply a FIT TO RIDE CERTIFICATE from your Doctor and a signed WAIVER form as detailed in the ‘Your Details’ section.
MAGLIA NERA TOURS can provide a guide on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
You must notify us of any medical issue that may impact your cycling, or be of concern in an emergency.
MAGLIA NERA TOURS reserves the right to not permit you to ride should you be in a state, physical or mental condition that may impact the safety of yourself and/or others.
17. SMALL GROUPS & COMBINATION TOURS
The tours detailed in our Calendar are guaranteed to depart once they have reached the minimum group size stated (which is usually 6 people). Some of our tours are designed to fit with other departures to create a longer "combination" tour. This means that some of your group may have already been travelling together for some time when you commence your tour. For more information on how many people are booked on a specific tour, please be sure to ask prior to booking.
Tours which have a confirmed tour start date will be bookable on line. Tours which are gathering interest will have a button where you can express your interest and get further information. If for some reason there are cancellations making a group fall below the minimum group size requirement, then we will recommend an alternate tour, and if this not acceptable a full refund will be issued. (Please refer to ‘Cancellations by Us’)
18. PASSPORT AND VISAS
It is compulsory that you carry a valid passport with you at all times. You must also obtain the appropriate visas, permits and certificates for the countries which you will visit during the tour you are booking/ have booked – this is your responsibility. Please be sure that your passport is valid for 6 months after the tour end date.
MAGLIA NERA TOURS will not be responsible if you are refused entry to a country because you lack a valid passport, visa or other travel documentation.
19. TRAVEL INSURANCE
MAGLIA NERA TOURS will not assume any responsibility or liability for any loss, theft, accident or damage to persons or their personal effects sustained before, during or after the tour.
It is mandatory that you have Travel Insurance which should be taken out when MAGLIA NERA TOURS confirms your booking.
Your travel insurance policy must provide cover against illness, personal accident, death, medical expenses and emergency repatriation. The recommended minimum coverage for each of these categories of cover is US$200,000. We also strongly recommend your travel insurance policy covers cancellation, curtailment, personal liability and loss of and damage to luggage and personal effects. The travel insurance must apply to the regions or countries in the itinerary.
You must also make sure that your travel insurance policy does not exclude cycling and any other activities detailed in the Essential Tour Information for the tour you book.
You must provide proof of your travel insurance policy before the tour start date; you will not be able to join the tour without it.
If you are bringing your own bicycle we recommend you check your insurer will cover your bike in all circumstances to a suitable value.
When booking your tour with MAGLIA NERA TOURS, you must appreciate and acknowledge that the nature of this type of travel requires considerable flexibility. You must allow for alternatives as the itinerary provided for each tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
21. CHANGE OF ITINERARY
MAGLIA NERA TOURS endeavours to operate all tours as booked. We do have the right to change the itinerary at any time to suit changes in circumstances. Please be sure to refer to our website before departing for the most recent updates to the itinerary.
Prior to departure: We will notify you of any changes to the itinerary as soon as reasonably possible if there is time before departure. A major change in itinerary is defined as anything affecting one day in five (or more) of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the tour only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
22. ARRIVAL AND DEPARTURES
Every tour will have a pick-up point at the start of a tour and a drop-off point at the end of the tour. Any transfer outside of these may incur an extra charge.
We highly recommend that you arrive at the starting location at least the day before, especially if travelling long distances. This allows you more recovery time and a relaxed beginning to your holiday.
23. AUTHORITY ON TOUR
Our group tours are run by a Tour Leader. The decision of the Tour Leader is final on all matters likely to affect the safety or well-being of any participant or staff member participating in the tour. If you fail to comply with a decision made by a Tour Leader, or interfere with the well-being or mobility of the group, the Tour Leader may direct you to leave the tour immediately, with no right of refund. We may also elect not to carry you on any future tours booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
24. ACCEPTANCE OF RISK
You acknowledge that the nature of the tour is an adventurous recreational activty, and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
Wearing of helmets is compulsory for all riders. Riders must bring their own personal helmet on tour which meets the safety standards of the country the tour itinerary. In the event of a participant not wearing their helmet during a tour, the entire group will be grounded until it is placed back on securely. If the rider does not wish to comply, the tour staff will ask the rider to be seated in the support van for the remainder of the tour. Please be aware of the helmet safety standards of the country/s you will be visiting.
BRINGING YOUR OWN BIKE: Please ensure that your bike has been recently professionally serviced and has the appropriate gearing for the tour. It is your responsibility to ensure your bike is safe and roadworthy. MAGLIA NERA TOURS will not assume responsibility or liability for any damage or injury caused as a result of a failure by your bike or its operation.
If transporting your bike in a bike case, there will be a courier charge to transfer the case from the start to finish hotels or storage. Transport of bike cases for riders who wish to leave mid-tour, will incur an additional fee.
If you choose to bring your own bike, you must understand
- Installation of saddles, pedals or any other apparatus must be carried out by you. In the instance that our Tour Staff assist you, we take no responsibility for any issues or damage.
- Adjustments to any part of the bike is are to be carried out by you. In the instance that our Tour Staff assist you, we take no responsibility for any issues or damage.
- We do not take responsibility of your bike if it is left unattended
- You can choose to lock up your bike in the organised secure storage organised by us, but we do not accept any responsibility in the case of theft or damage.
BIKE RENTAL: If you prefer to use a hire bike, we can organise a high-end bike for you at no extra cost. These bikes are fully serviced and set up with gearing suitable for the locations in which we tour.
If you choose to use one of our bikes, you must comply to the rules set out below
- You must supply information on your current BIKE FIT, we will adjust the bike as best as possible to match. Your position may differ from your current bike due to bike geometry etc.
- Installation of saddles, pedals or any other apparatus is to be carried out ONLY by our Tour Staff
- Adjustments to any part of the bike is to be carried out ONLY by our Tour Staff
- No rider must make any change or adjustment to any tour bicycle
- No bike must be left unattended at any time
- All bikes must be locked up in the organised secure storage organised by us
- You must sign a BIKE RENTAL CONTRACT before using the bike
MECHANICAL COVER: Tour leaders will carry basic spares. Minor repairs and maintenance will be undertaken on the road by one of our mechanically trained tour guides. Any more serious mechanical issues will be handled by one of the small, professional cycle shops along the way. If you are bringing your own bike, parts and repair costs will be passed on to you.
Cycling can be a dangerous recreational activity; hence we do not allow alcohol consumption during rides. No alcohol is to be consumed between the time of departure and the time of the daily ride ending. Tour Staff have the right to stop a rider from riding if alcohol is consumed during the day which could endanger their safety and/or the rest of the touring group. The Tour Staff also have the right to refuse a rider the right to depart on a ride if they feel they are not fit to do so from excessive alcohol consumption.
Riders must stay within proximity of the support van obeying the local road rules at all times. Daily briefings will specify the plan for each day, the location of riders and the support van/s, all riders must obey these instructions. Tour Staff have the right to stop any rider from riding who is deemed to be posing danger to themselves, other riders, Tour Staff or the public.
29. LIMITATION OF LIABILITY
We contract with a network of companies, government agencies and individuals to assist in the running of our tours as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
- any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a tour, or any breach of these Booking Terms & Conditions, is excluded;
- you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a tour; and
- any condition or warranty which would otherwise be implied by law into these Booking Terms & Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar tour to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
30. OPTIONAL ACTIVITIES
Please refer to your Essential Tour Information for details on Optional activities. Optional activities which are not included in the tour price do not form part of the tour or this contract.
You accept that any assistance given to you by the Tour Leader, Tour Staff or local representative in arranging any Optional activity does not render us liable for them in any way.
The contract for the provision of that Optional activity will be between you and activity provider.
31. CLAIMS & COMPLAINTS
Please notify the Tour Leader, Tour Staff or local representative immediately of a complaint. This allows them to attempt to deal with the complaint effectively. If you are not satisfied with this, then a further complaint should be put in writing to us within 30 days of the date the tour ends.
In the event that any term or condition contained in these Booking Terms & Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
33. PHOTOS AND MARKETING
You consent to us to use any images taken of you during the tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for marketing, publicity and promotional purposes.
35. APPLICABLE LAW
The laws of New South Wales, Australia govern these Booking Terms & Conditions to the fullest extent allowable. Any disputes in connection with a tour or these Booking Conditions must be initiated in the courts of New South Wales, Australia
36. REGISTERED ADDRESS
PO Box 207, Freshwater 2096