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Terms and Conditions

Please note: Kosovo is a newly independent state which is still developing its infrastructure. Tourism is still a new industry, which will continue to develop over the coming years. As with many overseas challenges of this type, no amount of preparation can guarantee the perfectly smooth running of the event. Levels of health and safety, transport and accommodation are unlikely to match up to those you are used to in the UK. Please take this into consideration before booking your place on the tour.

The contract
Your contract is made with Gëzuar – who will implement social development and clearance projects with the funds raised by the cycle tour. Gëzuar’s registered office is at 4th Floor, Charles House, 375 Kensington High St, London, W14 8QH (Company number 06833915). These booking conditions have been formulated as a result of our responsibilities under law. They do not affect your statutory rights. The Tour de Kosovo (“the tour”) is a concept of Gëzuar and is administered by Gëzuar. We accept bookings subject to you agreeing the conditions set out below. When you book the tour you accept that you have the authority to agree, and that you do agree, to these booking conditions. These booking conditions form the entire agreement between ourselves and yourself. No employee of Gëzuar other than the Managing Director has the authority to alter or omit any of these terms, or to promise any discount or refund. Details, including dates and prices, on our website supersede details published in this or any previous brochure.

Participation
To participate in the tour you must be 18 years or over and, in line with the potential risks of the activity, be in suitable physical condition to take on the challenge. If any applicant is considered insufficiently fit, healthy, able or equipped to complete the tour without affecting the safety or progress of other participants, the tour leader has the right to remove them from the tour at any time. We reserve the right to decline your application to participate in the tour, on reasonable grounds. Your right to participate depends on our satisfaction that there are no circumstances under which we ought properly to decline your participation. Our decision on your participation shall be final and binding. In any situation where we decide that you may not participate in the tour your deposit and any insurance premium will be refunded to you in full.

The itineraries provided are intended as a guide only, and are not a contractual obligation on our part. You must at all times comply with the laws and regulations of the host country, and follow all reasonable instructions from the tour leader relating to safety and organisation. If we believe any authority figure such as airline pilots or accommodation managers, feels you are behaving in a dangerous, distressing or damaging manner towards other people or property, your tour arrangements may be cancelled by us or the supplier concerned. In such an event we will have no liability to you and will not be responsible for making any refund, paying any compensation, or meeting any costs or expenses you incur as a result. Furthermore you must meet any expenses we incur as a result of your behaviour.

You agree that any photography taken prior to, during or after the tour, which may include you in it, may be used in publicity material connected with the tour, and we will retain all rights, title and interest in such photography made by us including but not limited to any royalties, proceeds or other benefits derived from such material.

The tour uses shared accommodation, and if you join a challenge alone, you will be partnered with another member of the same sex to share accommodation. If you are travelling with a companion we will endeavour to place you in the same room wherever possible, but do not make any guarantees that this will always be possible.

It is a condition of joining a challenge that in case of emergency we have your authority to arrange any necessary medical or surgical treatment and to sign any required form of consent on your behalf.

Costs
Your deposit is a contribution towards the costs of the tour, and is nonrefundable unless we cancel the tour for any reason other than war, threat of war, civil strife, natural, man made or nuclear disaster, industrial dispute, bureaucratic obstacles, terrorist activities, adverse weather conditions, fire or similar events. You are responsible to pay for your personal equipment, tips, overseas airport taxes, government imposed fees, visa
costs, vaccination costs, food and drink (excluding breakfasts and drinking water during the ride), personal spending money, transport to and from the airport in the UK, and any other activities not included in the itinerary, if applicable.

You must pay the deposit on booking, and the balance of costs by 1st September 2009. We reserve the right to treat any arrangements as being cancelled by you if such payment is not received on time.

You agree that unless you raise the minimum sponsorship you will not be entitled to participate in the tour unless you pay the balance. If you cancel or are required to withdraw from the tour, you are still required to send all sponsorship money to us. This money will be retained by us unless the sponsor has requested that it be returned to them in the relevant section of the sponsorship form. You must not start to collect sponsorship until you have received written confirmation of your booking from us.

Amendments and Cancellations
All amendments (e.g. name changes) and cancellations should be confirmed to us in writing. Cancellations are only effective from the day that they are received by us. Your insurance policy may refund some of your costs. For amendments to existing bookings we will make every effort to assist you, however where charges are incurred by other service providers, you will be responsible for covering these costs. Cancellation will
also incur the following charges: 8 or more weeks before departure – you will lose your deposit. 68 weeks before departure – you will lose your deposit

• 6-8 weeks before departure – you will lose your deposit plus 40% of tour cost.
• 4-6 weeks before departure – you will lose your deposit plus 60% of tour cost.
  
• 2-4 weeks before departure – you will lose your deposit plus 80% of tour cost.
  
• Less than 2 weeks before departure – you will lose the total tour cost.

If you are obliged to cut your tour short due to ill health or any other reason there is no refund of flight or accommodation costs. Any additional accommodation and/or transport costs are your responsibility. Please be prepared for this potential eventuality.

Changes to Itinerary
The tour itinerary and other documents are published as statements of intention, and therefore reasonable changes to these arrangements may be made where deemed necessary or advisable. For an adventure challenge such as this the itinerary may be changed at short notice due to unforeseen circumstances such as adverse weather conditions, and other factors outside our control. Whilst we will try to maintain the advertised itinerary we reserve the right to make amendments as and when deemed necessary by the tour leader.

In accordance with EU regulations we are required to advise you of the actual carrier operating your flight. You will be notified of any changes to the actual airline after you have received your tickets as soon as possible, and in all instances at checkin or the boarding gate. Flight timings and carriers set out in the itinerary are subject to change. For minor modifications we will try to notify you, but are not obliged to pay any compensation. We are not liable for any penalty charges associated with connecting rail or air fares, in the event of a change to a tour departure date, time or airport. We therefore advise you not to incur any nonrefundable such expenses before you receive your final joining instruction, between 3 and 4 weeks before departure.

If we are required to change the itinerary during the tour, the tour leader will arrange the best alternative. This decision will rest only with the tour leader, and the tour leader's decision will be final.

We are not responsible for changes which arise as a result of situations outside of our control such as technical or maintenance problems with transport, changes imposed by airlines, epidemics or health risks, war or threat of war, civil strife, industrial disputes, natural disasters, bad weather, closed or congested airports, ports or stations, bureaucratic obstacles or terrorist activity.

Our liability
Participants, their bicycles and all other personal property, including baggage, are at all times solely at their own risk. We accept responsibility for what our employees, agents, subcontractors and suppliers do or do not do providing that they were at all times acting within the scope of or in the course of their employment with us and for any deficiencies in the services we are contractually obliged to provide or the failure of such services to reach a reasonable standard. In any such case our liability shall be limited to a maximum of twice your contribution towards the original tour cost. Please note we will not be liable for any injury, illness or death or consequent losses by you or any member of your group unless you are able to prove that such injury or loss was caused by lack of reasonable skill and care on the part of our employees, agents, sub contractors and suppliers in the performance of our obligations under this contact. We do not accept responsibility in respect of death, bodily injury or illness of any person participating in one of our challenges as a result of (but not limited to) physical exertion for which a participant is not prepared; forces of nature; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; high altitude; lack of or limited access to medical attention once provided. In all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the following;

• the fault of the person(s) affected or any member(s) of their party, or
• the fault of a third party not connected with the provision of your challenge which we could not have predicted or avoided, or
• an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care, or
• the fault of anyone who was not carrying out work for us (generally or in particular) at the time.

If you book any additional activities locally, which are not part of the original tour itinerary, your contract is with the local company operating the activity and we have no liability or responsibility for the operation of the activity.

Documentation
Please contact us immediately if any of the information you receive from us appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept responsibility if you fail to tell us about such mistakes within 10 days of us sending the documentation to you. We will endeavour to rectify any mistakes brought to our attention outside this time frame but you must meet any costs involved in us doing so. The only exception to this requirement to meet costs is where the mistake was made by us. In due course you will be provided with relevant information for British nationals about passport and visa requirements and health formalities for visiting Kosovo. If you are not a British national other regulations may apply and you should check with the nearest embassy. You must ensure all your travel documents are in order, and that you have at least 6 months remaining on your passport from the end date of the tour. Visa regulations can change and may do so at short notice and sometimes without announcement. Where we become aware of changes to regulations we will try to notify you. However we cannot be held responsible for sudden changes to regulations, or for actions of border officials that are beyond our control. We are not health professionals and it is therefore your responsibility to seek medical advice from your doctor prior to travel. We cannot be held responsible if you fail to do so. If your failure to obtain necessary documents results in a fine to us, you shall reimburse us accordingly. The information in this agreement and in the documents supplied to you accompanying this agreement are correct at the time of print, and are given in good faith but without responsibility on the part of Gëzuar. You should check with the relevant authorities for the latest information prior to the tour.

Conditions of carriage and accommodation
We are neither a carrier nor a provider of accommodation. Each journey (whether undertaken or not) is governed by the conditions of the carrier. Copies of applicable conditions are available for inspection at the offices of the carrier concerned.

In prepared itineraries, transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to checkin on time, and in the case of flights, to air traffic control restrictions. Accordingly, the times of flights and other forms of transport are estimates only and cannot be guaranteed. We have no control and accept no liability whatsoever for cancellations and delays, which are subject to operational decisions by airlines and/or air traffic control authorities. You are responsible for checkingin in for flights at the correct time and for presenting yourself to take up all prebooked components of your challenge. If you fail to arrive at the appointed time, we shall not be responsible for any additional expenses incurred by you in order to meet up with the group. No credit or refunds will be given if you fail to take up any component of your tour, or if you lose, mislay or destroy any travel documents. The availability or provision of accommodation is subject to the “house rules” of the accommodation or site. Kosovo travel and accommodation standards may be less developed than you are used to in the UK. Standards of accommodation will vary from extremely basic tented accommodation to adequate hotels.

Equipment
Whilst there will be mechanics present during the tour to assist with any problems encountered with the bikes, you are responsible for ensuring your own cycle is suitable for the distances and terrain of the tour. We cannot be held responsible for any injury or accident resulting from the use of inappropriate equipment. It is also essential that you bring, and wear at all times while riding, a helmet that matches up to UK standards.

Insurance
Gëzuar has Company insurance, however it is essential that each participant organises their own personal insurance policy to cover the tour. You must ensure that this policy is suitable for the activity involved in the tour and that it covers the entire duration of the tour. We cannot be held liable for any issues arising from you failing to inform your insurance company of the details of the tour.

Risks
A cycle tour of this nature is not without some risks. You must be fit enough to cover the distances and terrain set out in the itinerary. You take part entirely at your own risk and agree to indemnify us, our employees, agents, subcontractors and suppliers against claims for loss or damage to personal property or for loss or consequential losses or claims through your participation in this challenge arising from your own actions. You take the risk that you will be able to satisfy all immigration customs or other authorities to be granted lawful access in to the country. If you are refused access we do not accept liability for any costs and expenses you incur in resolving your difficulties or returning to the UK. We will give such assistance as we can in such circumstances without any obligation upon us to do so and without any liability for our actions on your behalf. We have a policy not to pay any ransom or make any payments in order to secure the release of hostages. Cyclists must wear safety clothing and a helmet matching UK standards when riding.

Complaints
We will do our best to ensure your travel arrangements go according to plan. However if you have a complaint arising from what we have agreed to provide for you please let us know at the earliest possible opportunity. If a problem arises during the tour, it is important you inform the tour leader and supplier as soon as possible, who will endeavour to put things right. If your complaint cannot be resolved locally you should inform us within 28 days of returning to the UK, in writing, including all relevant information. Your letter will be given prompt attention. If you fail to follow this procedure we cannot accept responsibility as we would have been deprived of the opportunity to investigate the matter and hopefully rectify the problem. Failure to complain on the spot will result in the participant's ability to claim compensation from us being extinguished or reduced. Please note that in any event any compensation payable for claims against us other than compensation for personal injuries will not exceed three times the deposit. Any dispute or difference between the parties arising out of or in connection with this agreement shall first be referred to mediation. The mediator shall be agreed upon by the parties and failing such agreement within 15 days of one party requesting the appointment of a mediator shall be appointed by the then President of the Law Society of England and Wales. Unless agreed otherwise, the parties shall share equally the costs of the mediation. If the dispute is not resolved by mediation within sixty days, or if one of the parties will not participate in the mediation, the dispute shall be subject to the jurisdiction of the English Courts.

Data Protection
In order to process the booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details, including, where applicable, your name and address, credit/debit card or other payment details and special requirements such as those relating to any medical condition, and any dietary requirements which may disclose religious beliefs. We must pass on your personal details to the companies and organisations who need them for the provision of the tour. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. You agree that the information you provide to us is accurate and that we may pass all necessary and relevant information to our agents for the purpose of marketing and administering this tour. We shall not subject any personal data about you to any processing except as may be required for the purposes of the tour. Where the travel arrangements are to take place outside the European Economic Area (EEA), controls on data protection in the destination may not be as strong as the legal requirements in this country. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed on to any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not. If we cannot pass this information to the relevant suppliers we cannot provide the travel arrangements.

Jurisdiction
This contract and all matters arising out of it are governed by English law. English law will apply to the contract unless you live in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply.
In the event that any clause or provision of these booking conditions shall be held to be invalid, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this contract, which shall continue and be enforceable.