Legal

Terms & Conditions

These terms and conditions apply to all bookings of our Foundation, Performance and Expedition cycling courses.

Who You Are Contracting With

New Generation Travel and New Generation Cycling are trading names of New Generation Ski and Snowboard Ltd, a company registered in England and Wales with company number 08491313. Registered office: Fifth Floor Watson House, 54-60 Baker Street, London, W1U 7BU, UK. In these terms, “we”, “us” and “our” mean New Generation Ski and Snowboard Ltd. “You” means the person making the booking and those for whom you book.

Your contract for a cycling course is with New Generation Ski and Snowboard Ltd, who acts as the organiser of your trip.

Your Package Holiday Rights

Most of our cycling courses combine coaching with accommodation and/or transport. Where they do, they are package holidays under the Package Travel and Linked Travel Arrangements Regulations 2018, and you benefit from all rights applying to packages under those Regulations.

We’re responsible for the proper performance of all the travel services included in your package, whether those services are performed by us or by other suppliers. We’re also required to provide assistance without undue delay if you are in difficulty during your trip.

Key information about your rights, including the standard information form required by the Regulations, will be provided to you before you book. [TO ADD: link to a “Your Package Rights” page carrying the Schedule 2 Part 1 key rights statement and a link to the Regulations. This is mandatory pre-contract information and must be in place before bookings are taken.]

Insolvency protection. In the unlikely event of our insolvency, your payments (and, where transport is included in your package, your repatriation) are protected.

General Terms

By making a booking with us, you agree to these Terms and Conditions. Please refer to our website for a description of each course.

Occasionally, we make special offers. If the offer contradicts these Terms and Conditions, the terms of the offer override them to the extent that they do.

What’s included in your course is listed on your booking confirmation. You must arrange and pay separately for anything not listed as included.

Bookings made using a credit or gift voucher will normally be refunded by way of a new voucher for the appropriate amount rather than cash. However, nothing in this policy affects your right to a cash refund where one is required by the Package Travel and Linked Travel Arrangements Regulations 2018 or any other law, including where we cancel your trip or where you cancel because of unavoidable and extraordinary circumstances.

Booking Accuracy and Meeting Points

You are responsible for making sure the information you give us when booking, including each participant’s age, experience and ability level, is accurate. This matters for safety. If we discover that incorrect information has been given, we will try to move the participant to an appropriate group or pod. If no safe and suitable option exists, we may exclude the participant from riding activities. If that happens, we will refund any costs we can recover and the value of any unused services we can recoup, but we will not otherwise be liable to you.

Please check where and when you need to meet your coach each day. It is your responsibility to be in the right place at the right time. We cannot refund time lost because you could not locate the group, and we may not be able to make up that time later in the day.

Riding at Your Own Level, Not at Your Own Risk

Road cycling, particularly in mountainous terrain, carries inherent risks, including falls, collisions, mechanical failure and the actions of other road users. By booking, you confirm that you understand and accept the ordinary risks inherent in road cycling that arise without any breach of duty on our part.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited or excluded, including our responsibilities as organiser under the Package Travel and Linked Travel Arrangements Regulations 2018. We remain responsible for taking reasonable care in the provision of coaching, supervision and route planning.

Coaches will decide, taking reasonable care, the appropriate routes, pace and structure for the groups on their courses. This may include changes to advertised routes for reasons of safety, weather, road conditions or group ability. If you or any of your party become uncomfortable at any point during a ride, tell your coach immediately so they can take action to keep you safe.

There may be circumstances in which we need to contact you during your holiday. Please make sure we have your current contact details and that you will notice our messages promptly.

Insurance (a Condition of Booking)

It is a condition of booking that every participant holds travel insurance covering, as a minimum: accidents and injuries while road cycling abroad, emergency medical treatment, repatriation and, where the course includes mountainous terrain, mountain rescue. We recommend taking out this insurance at the time of booking so that cancellation cover starts immediately. We also strongly recommend cover for cancellation due to personal circumstances.

We may ask for evidence of your insurance before or during the course. This requirement exists to protect you. It does not reduce or replace our own responsibilities to you under these terms or under the law.

Safety Requirements

The following are conditions of participation on all our cycling courses:

• Helmets are mandatory at all times when riding. A correctly fitted, undamaged cycling helmet meeting EN 1078 (or an equivalent recognised standard) must be worn on every ride. We may refuse to let anyone ride without a helmet. If a participant refuses to wear one and cannot take part as a result, we will refund any costs we can recover and any unused services we can recoup, but we will not otherwise be liable.
• Road law. You must comply with the road traffic law of the country in which the course takes place at all times. Your coach will brief you on relevant local rules, but compliance remains your responsibility.
• Coach instructions. You must follow the safety instructions and group riding protocols given by your coach, including instructions on spacing, line choice, descending rules, regroup points and when to wave traffic through.
• Bike condition. If you bring your own bike, it must be roadworthy and in a safe mechanical condition, in particular brakes, tyres and drivetrain. Coaches may inspect bikes at the start of the course. If your bike is judged unsafe, we will help you arrange local repair or a rental replacement at your cost. If neither is possible, you may be unable to ride. In that case we will refund any costs we can recover and any unused services we can recoup, but we will not otherwise be liable.
• Lights and visibility. Where riding conditions require it (tunnels, low light, poor weather), you must use the lights and visibility equipment specified in your pre-course information.

Client Code of Conduct

All participants must act in a safe and appropriate manner, both on and off the bike. Situations can develop for the worse very quickly on the road and in mountainous environments.

We may remove a participant from a ride, or from the remainder of a course, where any of the following occurs:

• Failing to follow the safety instructions or directions given by a coach.
• Failing to comply with local road traffic law.
• Riding without a helmet.
• Riding under the influence of alcohol or any drug that may adversely affect physical coordination or mental state.
• Putting any other person, including other road users, at risk of injury or danger.
• Physical or verbal abuse of any person.
• Behaviour that seriously and adversely affects the experience or safety of other participants.

Where it is safe and practical to do so, the coach will give a warning first. In urgent safety situations, removal may be immediate, and we will explain the reason as soon as reasonably practicable afterwards.

If a participant is removed under this section, we will refund any costs we can recover and the value of any unused services we can recoup, except where the participant’s serious misconduct has caused us loss that those amounts are needed to cover. We will not otherwise be liable for the consequences of removal.

You remain responsible for informing the members of your party of these terms.

Changes and Problems During Your Trip

If a significant proportion of the services in your package cannot be provided as agreed, we will offer suitable alternative arrangements, of equivalent or higher quality where possible, at no extra cost to you. If the alternatives we offer are of lower quality, we will give you an appropriate price reduction. You may reject the proposed alternatives only if they are not comparable to what was agreed or the price reduction is inadequate.

If services are not performed in accordance with the contract and we fail to remedy this within a reasonable period after you tell us, you may be entitled to an appropriate price reduction for the period of non-conformity and, where appropriate, compensation, in line with the Package Travel and Linked Travel Arrangements Regulations 2018. You will not be entitled to compensation where the failure is attributable to you, to a third party unconnected with the provision of the services and unforeseeable or unavoidable, or to unavoidable and extraordinary circumstances.

Please tell us or your coach about any problem without undue delay during the trip, so we have the chance to put it right.

Some interruptions are outside anyone’s control: road or mountain pass closures, adverse weather, extreme heat, strikes, public events and restrictions on road access. Where this happens, your coaches will use the routes and areas available to deliver the course safely, and the paragraphs above set out your rights. Upon request, we will provide a letter to your insurer to assist with any claim.

Unavoidable and Extraordinary Circumstances

Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include severe weather events, natural disasters, war, epidemics, disease control measures, government intervention and travel restrictions.

If we are prevented from performing your package because of unavoidable and extraordinary circumstances, we will notify you as soon as reasonably practicable and will use reasonable efforts to resume performance where practicable.

If we have to cancel your package for this reason before it starts, you are entitled to a full refund of all payments made for the package, which we will pay within 14 days of cancellation. We will not, however, be liable to pay you additional compensation in these circumstances, as permitted by the Package Travel and Linked Travel Arrangements Regulations 2018.

If You Change or Transfer Your Booking

Modifications. We may charge a £50 administration fee for modifications you request after the booking has been confirmed to cover our administrative costs.

Transferring your booking to someone else. You may transfer your booking to another person who satisfies all the conditions applicable to the course, provided you give us reasonable notice on a durable medium before the start date. Notice given at least 7 days before the start date is always reasonable. You and the person taking over the booking are jointly responsible for paying any balance due and any reasonable additional fees, charges or costs we incur in making the transfer. We will provide proof of those costs on request.

If You Cancel

You may cancel your booking at any time before the start date. Because we commit to coaches, accommodation and other costs well in advance, a cancellation charge applies, reflecting the timing of your cancellation, the costs we have already incurred or committed, expected cost savings, and the income we can expect from reselling your place:

• More than 90 days before the start date: full refund minus an administration charge of 5% of the total cost, reflecting our booking and processing costs.
• 45 to 89 days before the start date: 50% refund of the total cost.
• Less than 45 days before the start date: no refund as standard. However, if we resell your space or recoup any costs associated with your booking, we will refund those amounts to you.

At every stage, if the costs we actually save, plus the income we actually recoup, exceed the amounts these charges assume, we will refund the difference. We will provide a justification for the amount of any cancellation charge on request.

Cancellation without charge in extraordinary circumstances. You may cancel before the start date without paying any cancellation charge, and receive a full refund of all payments made, if unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity significantly affect the performance of the package or the carriage of passengers to the destination. No additional compensation is payable in this situation.

We strongly recommend that all participants have comprehensive travel insurance covering cancellation due to personal circumstances.

If We Change or Cancel

We may make insignificant changes to your programme, and will tell you about them. Where we do so we will always aim to provide an experience of equal or greater value.

If, before the start date, we need to significantly change any of the main characteristics of your package, or cannot fulfil any special requirements you have that we have accepted, we will tell you without undue delay. Main characteristics include:

• The standard of accommodation and accommodation facilities
• The type and standard of transport
• The place of departure and destination
• Any facility or service advertised or promoted as forming a part of the programme

You will then have a reasonable period to tell us whether you accept the change (with a price reduction where the change reduces the quality or cost of the package), accept a substitute package of equivalent or higher quality if we offer one, or cancel without paying a cancellation charge. If you cancel, we will refund all payments made within 14 days.

If we cancel your package for any reason other than your fault, we will offer you the choice of a full refund of all payments made, paid within 14 days, or an alternative course if we can offer one. Where we cancel for a reason other than unavoidable and extraordinary circumstances or insufficient numbers (see Group Courses below), you may also be entitled to compensation in line with the Regulations.

Price changes. The price of your package is fixed once your booking is confirmed. We will not increase the price of a confirmed booking.

Requirements for Our Courses

All participants in our cycling courses must be at least 18 years old.

Health and Fitness: It is your responsibility to ensure you possess the required health and fitness levels for the duration of the course. If a participant is unable to continue with the course because of their own health or fitness, we will refund any costs we can recover and any unused services we can recoup, but we will not otherwise provide a refund. This does not affect your statutory rights or our own responsibilities to you.

Medical Conditions: For safety reasons, participants must tell us about pre-existing medical conditions and health issues that could affect their ability to safely complete the programme. This is health information, and we will only collect and use it as described in our privacy policy and with your explicit consent, to keep you safe on the course.

Participants must not consume alcohol before riding. Those found intoxicated or under the influence during a course will be removed in accordance with the Client Code of Conduct above.

Possession or use of illegal substances will result in immediate removal from the course under the Client Code of Conduct above.

Visa Requirements: It is the participant’s responsibility to secure any required visas and to check FCDO travel advice and passport validity requirements for the destination. Failure to obtain a visa does not entitle the participant to a refund beyond our standard cancellation policy.

Accommodation Damage: Where accommodation is included in your course, any breakages or damage caused by a participant will be charged to that participant at cost, plus a reasonable administration fee reflecting the time and cost of arranging repair or replacement. We will only charge a participant for damage where we reasonably believe they caused it.

Level

A full description of each course tier (Foundation, Performance and Expedition) and the experience level it suits is available on our website. Please make sure you book yourself and the others in your party onto the correct course. If you are unsure, contact us before booking and we will help you choose.

If a participant has booked the wrong level, we will move them to a more appropriate group or pod where possible. If no safe and suitable option exists, we may remove them from riding activities for safety reasons. If that happens, we will refund any costs we can recover and any unused services we can recoup, but we will not otherwise be liable.

Group Courses

We will assess your riding at the start of the course. If necessary, we may move people between pods or groups to ensure the smooth running of the course. In limited cases this may mean a group increases to one above the advertised maximum, and never more than that.

Cycling courses need a minimum of 5 people to run for their full duration. If fewer than 5 people are booked onto your course, we may cancel it, in which case we will tell you no later than 45 days before the start date, and you’ll receive a full refund of all payments made within 14 days, or the offer of an alternative course. No additional compensation is payable where we cancel for insufficient numbers within these deadlines. In practice, we will always contact you to discuss your options first.

Data Usage and Privacy

You can see how New Generation Ski and Snowboard Ltd uses your personal data in our privacy policy.

Photography and Filming

Coaches may take photos and video during the course for coaching purposes, for example to review descending technique with you.

Separately, we would love to use photos and videos from the course in our marketing. We will only use identifiable images of you for marketing if you have given us your consent through the separate opt-in at booking (or at any time afterwards). Saying no, or withdrawing consent later, will never affect your booking or your experience on the course. You can withdraw consent at any time by contacting us.

Contact Details

New Generation Ski and Snowboard Limited, a company registered in England and Wales with registered number 08491313. Registered office: Fifth Floor Watson House, 54-60 Baker Street, London, W1U 7BU, UK.

Telephone: +44 1462 674000 Email: info@newgenerationcycling.com [TO CONFIRM: whether cycling bookings should use a different contact email.]

General

Entire Agreement: These terms, together with your booking confirmation and the pre-contractual information we are required to provide under the Package Travel and Linked Travel Arrangements Regulations 2018 (which forms part of your contract), constitute the entire agreement between us relating to your booking. Nothing in this clause limits or excludes any liability for fraudulent or negligent misrepresentation, or affects your statutory rights.

No partnership or agency: Nothing in this agreement shall establish any agency or partnership between the parties.

Assignment: We may transfer this agreement, or any of our rights and obligations under it, to another organisation, but only where this does not reduce your rights, protections or guarantees under the contract. We will tell you if this happens.

Third Parties: The members of your party named on the booking may enforce the terms of this agreement that are intended to benefit them. Otherwise, a person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce it.

Law and Jurisdiction

Your agreement with New Generation Ski and Snowboard Ltd is governed by English law. If you live in Scotland or Northern Ireland, you also benefit from any mandatory consumer protections of the law of the part of the UK where you live.

The courts of England and Wales have non-exclusive jurisdiction over any dispute arising from this agreement, including non-contractual claims. If you live in Scotland, you may also bring proceedings in the Scottish courts. If you live in Northern Ireland, you may also bring proceedings in the Northern Irish courts.