relax bike vacation
Shifting Gear Adventures - Tour Terms and Conditions
Please read this document thoroughly and carefully before booking a trip with us.
AGREEMENT
The terms and conditions set forth below (the “Terms” or “Agreement”) constitute the entire understanding and agreement between you the trip “Participant” and Shifting Gear Adventures, LLC, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, successors and assigns (individually or collectively “Shifting Gear Adventures,” “we,” or “us”) with respect to any and all bookings, trips or transactions made with Shifting Gear Adventures.
By completing this booking form and signing these Terms either by handwriting or electronic signature, you accept all Terms herein and direct us to perform services on your behalf. All persons named in this booking (“Participants”) are subject to this Agreement. By signing these Terms, you affirm that you have made all other Participants listed in the booking aware of these Terms – regardless of how final payment is made – and that all Participants accept these terms.
RESERVATIONS, DEPOSITS & PAYMENTS
Reservations: You may make a reservation tentatively by phone, or provide a credit card number by phone, but all bookings must be made through our online system or by fax form in writing. This is to ensure that you understand and agree to these Terms. A booking is not final until you receive a final confirmation from us.
Deposits: A deposit of US$400 per person is required at the time of booking to guarantee your reservation and confirm space. Full payment is due 45 days prior to departure. The tour price is per person based on double occupancy and includes those items mentioned in the itinerary plus any prepaid optional items. Single room requests are subject to supplemental charges, and must be requested at time of booking. Group sizes are limited to a maximum and a minimum, which varies by tour.
You must pay the deposit by Paypal transfer or check at the time of booking to guarantee your reservation. If the requested tour is not available, your deposit will be refunded in total. Before a refund is provided, you will be offered an alternate trip with Shifting Gear Adventures if one is available, which you can choose to accept or decline. Your reservation is subject to cancellation for deposits paid by check which do not clear the bank.
The deposit of US$400 will be deducted from the final amount due. Final amount due will be determined at least 1 week in advance of the final payment date (45 days prior to the tour’s start date) in case any services are added or changed.
Final Payment: Final payment is due 45 days prior to the tour’s departure. Final payment can be made by check, or Paypal transfer in US$. We will remind you of your final payment date in advance and give you the option to pay using any of these methods. Please note that debit cards are NOT accepted.
If your home currency is not the US$, then you may wish to pay by Paypal or wire transfer. We will give you wire instructions and an amount due in US$. Also, your credit card company may change the amount paid in US$ to your currency at favorable interbank rates. If you find a favorable exchange rate any time prior to your payment due date, you may pay your final amount in advance to save more money.
If we do not receive payment or hear from you about your intentions to pay by 45 days prior to the tour’s departure, your reservation will be cancelled and you will be subject to the cancellation terms below.
Last-Minute Bookings: If you wish to book a tour within 30 days of departure, you must submit a booking form to us online and provide a hand-signed photocopy via email to m-koepke@shifting-gear.com. Full payment, via Paypal transfer, is due within 24 hours of confirmation by Shifting Gear Adventures of acceptance of your booking. Any confirmation of last minute bookings will be subject to availability.
For Travel Agents: Agents may book for their clients using either emailed booking form or the online booking form. Agents are required to make their clients aware of these Terms and Conditions prior to booking and post booking and handle all communications with the client. Agents assume all responsibility for transferring all travel related-information and any communications concerning their client's tour.
Agents earn 5% commission on BASE TOUR ONLY. Non-commissionable items include but are not limited to bike rentals, single supplements, added hotel nights, and other add-on services unless quoted otherwise. Agents must take payment from their clients and send payment according to the payment conditions outlined in this document. Payment is made net of commission by agency check or wire transfer. There are no exceptions. Agency will receive a cash discount for payments made by cash, check or wire transfer. Agents are required to make their clients aware of these Terms and Conditions prior to booking and post booking and handle all communications with the client. Agents assume all responsibility for transferring all travel related-information and any communications concerning their client's tour.
CHANGES AND CANCELLATIONS
Cancellation: Once your deposit is received, a reservation confirmation is made and final payment is due 45 days prior to tour departure. If you wish to cancel your tour, you must submit your request to us in writing by email or postal mail. If a cancellation is made after receipt of the deposit but before the 45-day final payment due date, all deposits are returned except US$50 per person. Within 45 days, but more than 30 days, the entire deposit becomes non-refundable, and from 30 days additional cancellation penalties may apply, up to 100% of tour costs. No refunds are available once the trip commences. THERE ARE NO EXCEPTIONS to this cancellation policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we strongly encourage Participants to purchase trip cancellation and interruption insurance.
Changes: If you wish to make a change to your tour itinerary, you must submit your request to us in writing by email or postal mail. Once a booking request is received and confirmed, any modification of dates or alteration of itineraries by you will incur a change fee. Fees vary according to the type and scope of the change. Our vendors, which include hotels, often impose additional fees or penalties for changes and cancellations. These are included in the change fee and can be substantial. A minimum change fee of US$20 per person applies to any change within 60 days of travel.
Pre-Departure Cancellations or Changes by Shifting Gear Adventures: We reserve the right to cancel any tour prior to departure for any reason. While it is rare, in the event of cancellation, a check for a full refund will be issued to you, which constitutes full settlement. If the tour is cancelled within 45 days of departure, an additional discount will be made for an alternate trip with Shifting Gear Adventures in addition to the full refund. In the event that, prior to departure, we make any significant changes because of a problem with a supplier, for example a hotel bankruptcy, we will, as soon as reasonably possible, notify you of available alternatives. Such changes may require a supplemental payment from you or possibly a refund. No refunds under this paragraph will be provided due to cancellations or changes due to Force Majeure.
No Reimbursements Due to Changes or Cancellations: We will not reimburse Participants for any personal expenses such as airline tickets, other travel or hotel expenses due to changes in itineraries or tour cancellations.
ACCEPTANCE OF RISK
In consideration for your participation in a Shifting Gear Adventures trip, you voluntarily agree for yourself, your family, heirs, assigns, executors, and administrators to the following:
TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by you, or any loss or damage to property owned by you, as a result of participating in a Shifting Gear Adventures trip.
TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or my child), or to any property belonging to me (or my child), while participating in a Shifting Gear Adventures trip including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees.
RESPONSIBILITY
We act only as an agent or intermediary for the various independent suppliers that provide accommodations, meals, transportation, sightseeing, activities or other goods and services connected with your tour (“Supplier” or “Suppliers”). As a result, we assume no responsibility for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, or of any other person or entity. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the relevant country. We will not provide any refund for a Supplier’s delay, cancellation, overbooking, strike or force majeure, or for elements of the tour that you do not use.
TRAVEL INSURANCE
The price of the tour does not include travel insurance. We strongly recommend that all Participants purchase comprehensive travel insurance, covering trip interruption, baggage and accident/life and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to Participants. We assume you will decide if you desire to securing protection through a travel insurance company of your choosing.
TRAVEL DOCUMENTS
Pre-departure Documentation: After we receive your final payment, you will receive by email a variety of documentation, including suggestions for clothing, preparations, packing and money. Also included will be confirmations, travel information, a release form if one has not yet been received, and an outline of what to expect on the tour. Please read these documents carefully as soon as you receive them and contact us or your travel agent if any information seems to be incorrect. We cannot accept any liability if we are not notified of any inaccuracy in any document within 10 days of us sending time to you or your travel agent.
Passports and Visas: You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all U.S. citizens traveling abroad and should be valid for at least 6 months after your date of return. You are responsible for passport requirements, and we suggest you plan early to apply for or renew a passport. Some foreign nationals will be required to have a visa to enter Europe. Please check your government requirements. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from missing or defective documentation. While we may provide information or advice on visas, vaccinations, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
TOURS AND EXCLUDED ITEMS
Check each tour description to see what each trip includes. Self-guided and guided trips vary on what is included. Our tours do not include all other trip costs such as airfare, trip and/or medical insurance, excess baggage charges, or any personal items. Meals apart from those mentioned in the itinerary are excluded, as well as any unpaid optional tour or sightseeing event. Drinks are typically excluded.
HEALTH REQUIREMENTS
Our tours are physically active and the demands vary depending on the specific itinerary. For instance, our 1-2 gear bicycle tours require moderate activity while some our 3-5 gear bicycling tours range from moderately extremely physically challenging. As such, good physical and mental health are essential for the enjoyment and safety of our tours. By signing these Terms, you certify that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour.
HOTELS, MEALS AND TRANSPORTATION
Hotels: Our tours include hotels from the point of tour departure through tour completion. Prices are based on double occupancy rooms that include private bath or shower. Single rooms are limited and require supplemental charges. Singles not requesting single rooms will be booked into a double with another traveler of a shared gender when possible. If a share arrangement is unavailable, the supplement will be assessed prior to departure when we have confirmed there will be no additional travelers. If alternative hotels of the same category/standing are booked because of lack of availability, there will be no change to the tour price. If availability forces the booking of inferior/superior category hotel or room; you will be advised in advance and given the option to accept or decline the change as well as any change in tour price. We are not responsible for the quality or location of alternative accommodations.
Meals: Some meals are included and vary depending on the trip. Check the individual tour description for meal information.
Transportation: Transportation includes a variety of situations. Longer trips and guided trips may include transfers. The individual tour description explains the types of transportation that are included in the trip and the availability of transfers. If you wish to arrange for separate transportation, we can complete your needs. Separate transportation and extra transfers will incur additional charges and, in some cases, fees. Also, daily vehicle support will transport baggage.
Sightseeing: Sightseeing and side touring are included only when paid in advance or noted on the itinerary. Taxes and service charges are included for items that are specifically included in the tour such as hotels, restaurants, governmental, and guides. Most attractions such as chateau entrance fees are not included.
Tips: Tips for hotels and meals included in the itinerary, are included in your base tour price. Tips are not included for tour guides on guided tours nor are they included for any additional services provided beyond the base tour price.
BICYCLES
For tours longer than 8 days, you may wish to bring your own bicycle for assured comfort and better trip enjoyment. You know your bicycle inside and out, which leaves less to adapt when you are on new terrain. We do not provide bicycle rentals directly, but if you wish, we will procure a rental bike from local sources. We will make every effort to find a bike that matches your requirements (e.g., size, style, quality level) but we cannot make any guarantees related to bicycle rentals. All costs and fees associated with procuring a rental bicycle will be your responsibility and will be added to your base tour price. If you rent a bicycle, you are responsible for the bicycle once you take possession of it at your first hotel. Your responsibilities include any costs for damage or theft up to the full value of the bicycle.
Any customers who choose to bring their own bicycles are responsible for all mechanical issues and all transportation issues including traveling by train, which is difficult in France on the TGV. (See our recommendations for traveling with your own bicycle in your travel documents).
For US based tours, we can arrange shipping for your bicycle to and from your lodging location(s). If this service is desired, a request must be made in writing via email or postal mail. The cost of this service varies and a quote will be provided upon request which will include a carrier insurance to a level specified by you. This cost of this service must be added to your tour before final payment is made. You assume ALL responsibility for having your bike packed for shipment to/from your destination.
EMERGENCY SERVICE
Each self-guided, supported tour includes what we call Emergency Service. This is a local contact available by telephone with English speaking staff. Examples of reasons to call: broken down equipment (other than flat tire); minor injury/illness that hampers or prevents continued cycling or walking, (serious injuries must first be reported to emergency medical responders – numbers are provided), missed trains/connections that would change your services, or the need to schedule additional services such as transfers. This service is only available during daylight cycling/walking hours. Hotel staff is available for other non-emergency related matters outside of your cycling/walking activities.
We reserve the right to define customized trips or self-guided, unsupported trips which will not offer Emergency Service. In these cases, we will make a clear "No Emergency Service" statement in the trip summary information provided to you and you acknowledge acceptance of this aspect of your trip when accepting Terms and Conditions during the registration process.
CLAIMS AND COMPLAINTS
If you find a problem or something that does not meet your expectation, you must promptly notify the Emergency Service (for self-guided tours) or tour leader (for guided tours) so that they can attempt to rectify the matter. Failure to do so while you are on the trip will result in your ability to claim compensation from Shifting Gear Adventures being extinguished. Further, if you make any changes on your own without providing the notice described above, you assume responsibility for any added costs you may incur as well as forfeiting any potential refunds.
If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to Shifting Gear Adventures within 30 days of the end of the tour. Shifting Gear Adventures will not accept any liability for claims received after this period.
AIR, CAR & TRAIN RESERVATIONS
We do not handle air reservations. You are encouraged to contact a travel agent or web service to make those arrangements. Car and train reservations/tickets can be arranged by us in advance. If we should make any such reservation or ticket purchase on your behalf, you agree and understand that we do so in an agency capacity and are performing a reservation service only. Fees for this service may apply. You further agree that you are subject to all terms and conditions of the car/rail/service provider. You are responsible for familiarizing yourself with those terms and agree that you are ultimately responsible to the car/rail/service provider for any reservations, changes, cancellations, and disputes or other regardless of how your reservation was made on your behalf. With respect to train travel with bicycles, you are advised that rules exist for transport on TGV and other high speed trains. Please ask for information on baggage limits if traveling by TGV prior to purchasing tickets. We are not responsible for any problems you may have traveling on the TGV with your bike. See your travel documents for our suggestions.
FLEXIBILITY
You understand that the amenities, lodgings, type of transport, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors.
RESPONSIBILITIES DURING TOUR
Tour Start Date: It is your responsibility to be ready to go at the departure city at the specific tour departure day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
Compliance with Local Laws and Tour Etiquette: Your additional responsibilities include, but are not limited to, strictly complying with all local laws, respecting customs and culture, assessing your abilities, respecting other trip members’ privacy, and if on a guided trip following the suggestions and advice of the guide. On guided tours, the decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travelers. During the tour, we have the right to remove anyone who we a) judge to be incapable of meeting the rigors and requirements of participating in the tour activities; or b) determine to detract from others’ enjoyment of the tour.
IMAGES AND MARKETING
You agree that we may use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide.
PRIVACY
All information you provide to us in booking your trip will be kept in a confidential manner and will not be disclosed or sold to other any third parties for any purpose beyond what is needed to secure your travel arrangements with our suppliers or as required by law. Credit card information will be destroyed or deleted from our files, but mailing information and past travel information will be retained by us. You may receive mailings from us periodically unless you explicitly ask to be removed from our mailing list.
OTHER PROVISIONS
Limitation of Remedies: You agree that the sole remedy for any default by Shifting Gear Adventures arising under these Terms shall be the return of the paid tour cost. To the maximum extent permitted under applicable law, Shifting Gear Adventures shall not be liable for any special, consequential, indirect, incidental or other damages arising out of these Terms, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Shifting Gear Adventures has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages. The foregoing shall not apply to Shifting Gear Adventures’ gross negligence or intentional misconduct.
Severability: In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
Successors and Assigns: These Terms shall inure to the benefit of and be binding upon Shifting Gear Adventures and the Participant and their respective heirs, legal personal representatives, successors and assigns.
Updating of Terms and Conditions: Shifting Gear Adventures reserves the right to update and/or alter these terms and conditions at any time, and it is your responsibility to be familiar with them. The latest terms and conditions can be found on the Shifting Gear Adventures website www.shifting-gear.com.
Binding Arbitration: I agree that any dispute concerning, relating, or referring to these Terms, tour brochures, or any other materials that concern my tour, the tour itself, or any claim for damages due to injury or death which occurs during or in connection with my tour, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Minneapolis, Minnesota in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Minnesota law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionableness, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
Merger: This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this Agreement. It supersedes all previous negotiations and agreements.
Form of payment:
Check: Check Number:_____________ Amount:___________
Paypal Transfer (to m-koepke@shifting-gear.com)
ACCEPTANCE
Signature: __________________________________________ Date:__________________________
Printed Name:______________________________________
You hereby acknowledge, by either submitting a signed copy of these Terms and or by or electronically signing these Terms and Conditions by clicking “I Accept,” on the registration page you 1) acknowledge you have read and understand the Terms herein; and 2) agree to be bound by this agreement.