Terms and Conditions

Andy Cook Cycling Limited Consumer Services Terms and Conditions

These terms
1. What these terms cover. These are the terms and conditions on which we supply our services to the event.
2. Why you should read them. Please read these terms carefully before you request our services to provide the event via our website (also referred to as an order). These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
1. Who we are. We are Andy Cook Cycling Limited a company registered in England and Wales. Our company registration number is 07024112 and our registered office is at No.6 Fowlswick Farm Business Park, Allington, Chippenham, Wiltshire, SN14 6LT.
2. We are not ATOL or ABTA accredited.
3. Our services do not include flights.
4. How to contact us. You can contact us by contacting our customer service team by writing to us at admin [at] andycookcycling [dot] com or No.6 Fowlswick Farm Business Park, Allington, Chippenham, Wiltshire, SN14 6LT. or calling us on 01249 783399.
5. How we may contact you. If we have to contact you, we will do so by calling you on the telephone number you have provided or by writing to you at the email address or postal address you provided to us.
6. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
1. How we will accept your order. Our acceptance of your order will take place when we send you a confirmation message email, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, availability, because we have identified an error in the price or description of the services or because we are unable to meet a deadline you have specified.
INSURANCE AND VISA REQUIREMENTS
1. You must ensure that you have the appropriate travel insurance policy and visa requirements in place for the event.
2. You acknowledge that due to the UK leaving the European Union, the right to travel to the EU has changed. You acknowledge and agree that it is your responsibility to ensure that you have complied with the applicable visa requirements for the country where the services and event takes place. Should you fail to have the relevant visa requirements in place, we reserve the right to terminate this contract and clause 13.5 shall apply.
AGE
1. You must be over the age of 18 on the date of the event to participate unless otherwise agreed.
AUTHORITY
1. Whilst attending the event, you must follow the reasonable instructions of your Ride Leader or representative we have appointed at all times. Should we deem in our sole opinion that you are not following such instruction and are jeopardising the health, safety and wellbeing of yourself and/or the other customers at the event, we reserve the right to stop supplying services to you and to terminate this contract with you immediately and clause 13.5 shall apply.
Our rights to make changes
1. Minor changes to the service. We may change the service:
  1. to reflect changes in relevant laws and regulatory requirements; and
  2. to implement minor technical adjustments and improvements, for example, adapting the itinerary for health and safety purposes, logistic purposes or for a better experience. Where possible, we will always endeavour to provide notice to you in writing.
2. More significant changes to the services and these terms. In addition, we may make the following changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes affect your order and receive a refund for any services paid for but not received:
  1. An increase in the price of the services of 10% or higher;
  2. A significant change to the itinerary of the event i.e. the itinerary is to start on a different date which significantly affects your travel plans; or
  3. Where we choose to withdraw the event.
Providing the services
1. When we will provide the services.
  1. We will provide the services on the start date specified on the itinerary and confirmed to you in your confirmation email.
  2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control without limitation i.e. any law or any action taken by a government or public authority, epidemic or pandemic, acts of God terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. You may contact us to either postpone the services for credit, change the event to an alternative date (where applicable) within 24 months of such notification, or be provided a refund for monies paid for the affected event. Provided we do this, will not be liable for delays caused.
2. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example , your contact details, next of kin, flights details, copy of passport, copy of visa (if applicable,) personal travel insurance details, restrictions that could be a detriment to individual or group based on the itinerary requirements and information reasonably required to provide the services to you. We will contact you in writing to ask for this information.
3. If you do not give us the information stated in clause 8.2, within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 13.5 shall apply).
4. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information requested in clause 8.2 within a reasonable time of us asking for it.
5. We may cancel the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we reserve the right to cancel this agreement and clause 13.5 shall apply
Your rights to end the contract
1. You can always end your contract with us. Your rights when you end the contract will depend on the services purchased, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
  1. If what you have bought is misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 12;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3;
  3. In all other cases (if we are not at fault), see clause 10.
2. You do not have the right to change your mind for the services for a specific date or period.
3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
  1. we have told you about an upcoming significant change to the services or these terms which you do not agree to (see clause 7.2);
  2. we have told you about an error in the price you have purchased and you do not wish to proceed;
  3. the services will be significantly delayed because of events outside our control (also see clause 8.1(b); or
  4. you have a legal right to end the contract because of something we have done wrong.
4. Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed but the deposit will not be refunded and any payment is made in accordance with clause 13.5. If you want to end the contract in these circumstances, just contact us to let us know in accordance with clause 10.
How to end the contract with us
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Email. Contact our customer services team by email at admin [at] andycookcycling [dot] com. Please provide your name, order number (where applicable), your phone number and email address.
  2. By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at No.6 Fowlswick Farm Business Park, Allington, Chippenham, Wiltshire, SN14 6LT including details of your order, when you ordered and your name and address.
2. How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
3. When your refund will be made. We will make any refunds due to you as soon as possible.
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services in accordance with clause 8.2.
  3. you do not comply with the reasonable instructions of the Ride Leader or other appointed representative as detailed within clause 6.1.
  4. you fail to fulfil the visa and insurance requirements in accordance with clause 4.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1, clause 13.5 shall apply as reasonable compensation for the costs we will incur as a result of your breaking the contract.
If there is a problem with the services
1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact our customer service team calling us on (01249) 783399 or by writing to us at admin [at] andycookcycling [dot] com or No.6 Fowlswick Farm Business Park, Allington, Chippenham, Wiltshire, SN14 6LT.
2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. For our services, the Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

Price and payment
1. Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the services you order.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any information provided to you.
4. When you must pay and how you must pay. We accept payment via Credit/Debit Card, BAC’s or Cheque in advance of us providing the services and non-refundable deposit as indicated on the order pages and is payable when making the order. Full payment is due 3 months before the date of the event.
5. In the event of termination by you of this agreement for any reason which takes place 3 months or less prior to the event you shall pay immediately to us the full cost of the services for preparatory costs incurred by us. This clause does not apply where such termination is in accordance with clause 7.2 (significant changes to the services) or clause 8.1(b) (delays outside of our control).
6. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7. What to do if you think your payment is wrong. If you think your payment is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on the correct amount from the original due date.
Our responsibility for loss or damage suffered by you
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We are not liable for business losses. We only supply the services for domestic and private use. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. WAIVER RELEASE
  1. You acknowledge and agree that attending the event is a high risk activity and you are exposing yourself to (but not limited to) damage, loss, personal injury and even death.
  2. By accepting these terms, you understand the risks of attending an event and assume all the foregoing risks and accept sole responsibility for any injury, illness, personal property, death, damage, loss, claim, expense or liability of any kind which you may incur or suffer due to attending the event. We do not exclude our liability for death or personal injury which is caused by our negligence.
  3. You hereby release, covenant not to claim, discharge, and hold us, our employees, agents and representatives harmless from any claims including all liabilities for any injury, illness, personal property, death, claims, actions, damages, costs, or expense of any kind relating to our services which you may incur or suffer due to attending the event.
How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

1. We are a data controller and bound by the UK Data Protection Act 2018. We are entitled to obtain, process, use and disclose your personal data to enable us to discharge our duties to you, to liaise with third parties on your behalf and to comply with the law, update your records, produce management data, prevent crime and comply with statutory requirements. You have a right of access under data protection legislation to the personal data we hold about you.
2. If you have any concerns about how we have handled your personal data, you can contact us by writing to our data protection officer or by emailing admin [at] andycookcycling [dot] com . We will respond to your request within a reasonable time and let you know next steps towards resolving your concerns. If you are not satisfied with our response or believe we are not processing your personal data in accordance with the relevant law, you can complain to the UK data protection regulator, the Information Commissioner’s Office.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within one calendar month of us telling you about it and we will refund you any payments you have made in advance for services not provided.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

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