Terms and Conditions

• Article 1 – Definitions
• Article 2 – Applicability of Conditions
• THE BOOKING
  • Article 3 – Formation of Agreement
• INFORMATION
  • Article 4 – Information by the Organizer
  • Article 5 – Information by the Traveler
• BEFORE THE TRIP
  • Article 6 – Payment
  • Article 7 – Substitution
  • Article 8 – Modification at the Traveler’s Request
  • Article 9 – Cancellation by the Traveler
  • Article 10 – Price Changes
  • Article 11 – Modification by the Organizer
  • Article 12 – Cancellation by the Organizer
• EXECUTION OF THE TRIP
  • Article 13 – Responsibility & Deficiencies
  • Article 14 – Assistance and Support
• LIABILITY
  • Article 15 – Attribution, Force Majeure, and Liability Exclusions
• TRAVELER’S OBLIGATIONS
  • Article 16 – Traveler’s Obligations
• OTHER PROVISIONS
  • Article 17 – Complaints
  • Article 18 – Other Provisions
  • Article 19 – Liability for Mountain Bike Trip
  • Article 20 – Guarantee Scheme: VZR Garant

Article 1 – Definitions

Organizer: Cycling Spain BV, trading under ‘Fietsen in Spanje’, ‘Cycling Spain’, and ‘mtbAdventures’ registered under Chamber of Commerce number 93017049.

Traveler: Any person who wishes to enter into an agreement with the Organizer regarding a Trip and any person who has the right to travel under the agreement;

Travel Service: The services that are part of the trip, such as passenger transport, car rental, accommodation, and excursions.

Travel Service Provider: The provider who carries out a part of the Trip, such as accommodation providers, carriers, external guides, etc.

Agreement: The agreement relating to the booked Trip, including these Terms and Conditions.

Written: In writing or by electronic means, including email.

Terms and Conditions: These general terms and conditions.

Package Trip: A package trip within the meaning of the law.

Trip: A Package Trip or, if applicable, a single Travel Service.

Working Days: Monday to Friday, excluding recognized public holidays in the Netherlands, during office hours (9 am-5 pm Dutch time).

Article 2 – Applicability of Conditions

2.1 Package Trips

These Terms and Conditions apply to all Package Trips offered by or agreed upon with the Organizer.

2.2 Travel Services

These terms may also be declared applicable to Travel Services that do not constitute a package trip. Title 7a of Book 7 of the Dutch Civil Code, which contains rules on package travel agreements, does not apply in that case. There is no insolvency protection for these Travel Services unless expressly stated in the offer which party provides coverage and this is included in the guarantee or insurance conditions.

2.3 Deviating and Additional Terms

Deviating and additional terms must be agreed upon in writing and take precedence over these Terms and Conditions.

THE BOOKING

Article 3 – Formation of Agreement

3.1 Content of Offer

The offered Trip includes only the services and amenities explicitly described in the Organizer’s quote and publications. Information in publications by Travel Service Providers is not part of the offer, even if a link is included in the Organizer’s offer. The specified travel duration is indicated in full days, with the departure and arrival days counted as full days.

3.2 Non-binding Offer

The Organizer’s offer is non-binding and can be revoked by the Organizer until 5:00 pm on the next Working Day after acceptance.

3.3 The Booking

The Agreement is formed as soon as the Traveler accepts the Organizer’s offer, subject to availability of the Trip.

3.4 Obvious Errors

Obvious errors in the offer do not bind the Organizer. If there is any doubt, the Traveler should inquire.

3.5 Preferences

No rights can be derived from preferences indicated by the Traveler unless the Organizer has confirmed in writing that the preference will be met. A mere mention as a preference on travel documents and the booking confirmation is insufficient.

3.6 Special Requirements

If the Traveler communicates medical requirements or other significant interests as a ‘requirement’ to the Organizer when booking, the Organizer will assess whether these can be met. If the Organizer cannot or does not wish to meet the requirements, the Agreement will not be concluded. The Organizer may apply a price adjustment due to the stated requirements.

3.7 Confirmation of Booking

The Organizer sends a booking confirmation after the trip is booked and availability is checked.

3.8 Revocation by Traveler

A booking of the Trip is final. The Traveler has no right to revoke the Agreement.

3.9 Minors

The Traveler booking the trip must be of legal age.

3.10 Booking for Other Travelers & Communication

The Traveler who books for other Travelers is jointly and severally liable for all obligations arising from it. The other Travelers are each liable for their own part. The confirmation, invoice, travel documents, and all other communication are sent only to the Traveler who made the booking. The Traveler booking for others is obliged to provide relevant personal circumstances of those other Travelers during the booking. The Traveler who books the Trip for others is required to provide those other Travelers with these Terms and Conditions and other relevant communications. The Traveler who books the trip indemnifies the Organizer against damages resulting from failure to fulfill the above obligations.

INFORMATION

Article 4 – Information by the Organizer

4.1 Travel Price

Stated prices are per person unless explicitly stated

otherwise.

4.2 Information by the Organizer at Booking

At booking or immediately thereafter, the Organizer provides the Agreement to the Traveler, including the accepted preferences of the Traveler and information tailored to the Dutch nationality about the required travel documents (passports, visas, etc.) and any health-related formalities.

4.3 Travel Documents

The Traveler must have the necessary travel documents, such as a passport, visas, vaccination certificates, etc., during the Trip. Given the importance of this, the Traveler should verify with the official authorities whether the information is complete and up-to-date. The Traveler must check before booking the Trip whether there is enough time to obtain the necessary travel documents. If the Traveler cannot make the Trip or only partially due to the lack of the correct travel documents, the costs are borne by the Traveler.

4.4 Travel Papers

The travel documents (transport tickets, vouchers, etc.) are sent to the Traveler no later than 7 days before departure, provided the invoice has been fully paid. If the Traveler has not received the travel documents 5 days before departure, they must notify the Organizer immediately.

4.5 Information about Cancellation Insurance

The Organizer advises the Traveler of the option to take out cancellation insurance and travel insurance. The Organizer may require such insurance if the Traveler has been informed of this before booking.

4.6 Information about Travel Insurance

The Organizer requires the Traveler to take out travel insurance that covers risk sports such as mountain biking or activities in mountainous terrain.

Article 5 – Information by the Traveler

5.1 Relevant Information from the Traveler(s)

Before booking, the booking Traveler provides all relevant information about the registered Travelers, particularly information that may affect the health or safety of the Traveler or others. If the provided information is incorrect or incomplete, the Traveler may be excluded from participation. The Traveler is then liable for cancellation costs per Article 9, paragraph 2 [cancellation costs]. Other costs are also borne by the Traveler.

5.2 Reduced Mobility, Pregnant Women, and Illness

Travelers with reduced mobility and their companions, pregnant women, and Travelers with an illness that may affect the Trip must report this when entering into the Agreement or at least as soon as possible after the Traveler becomes aware of it to the Organizer due to possible consequences for the Trip, particularly air travel. These Travelers must verify with the carrier whether a medical certificate is needed to travel.

BEFORE THE TRIP

Article 6 – Payment

6.1 Deposit

The deposit amounts to 30% of the travel sum plus the total amount of any airline tickets. The deposit must be received within 14 days of booking.

6.2 Balance Payment

The remaining balance of the travel sum must be paid no later than 6 weeks before the start of the Trip. If the booking is made within 6 weeks before the start of the Trip, the full travel sum must be paid immediately after booking. In any case, the entire payment must be received before the start of the Trip.

6.3 Default and Interest

If the Traveler does not pay within the agreed term, the Traveler is in default without requiring further notice and is liable for statutory interest on the outstanding amount.

6.4 Collection Costs

The Traveler must pay extrajudicial collection costs if payment has not been made within the final payment term set via a Written reminder. The extrajudicial collection costs amount to 15% of the claimed amount up to €2500, 10% on the next €2500, 5% on the next €5000, and 1% on the remainder.

6.5 Further Consequences of Non-payment

As long as the Traveler has not paid, the Organizer may withhold the travel documents. If payment is still not made after a reminder or if payment is not made before the start of the trip, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer may cancel the Agreement and charge the Traveler the cancellation costs as specified in [Article 9, paragraph 2].

Article 7 – Substitution

7.1 Conditions and Notification

A Traveler may transfer the Trip to another person. The other person must meet all conditions associated with the Trip. Transfer is only possible if the conditions of the relevant Travel Service Provider allow it. If airline tickets are part of the Trip, transfer of the airline tickets is often not possible. In that case, the transfer of the Trip is possible if – at the expense of the Traveler – new airline tickets are booked. The Traveler must request the Organizer to substitute the person at least 7 days before the Trip.

7.2 Joint Liability and Additional Costs

The Traveler and the person taking over the Trip are jointly and severally liable for the payment of the travel sum and additional costs arising from the substitution, including change costs.

Article 8 – Modification at the Traveler’s Request

8.1 Modification

The Traveler who has booked the Trip may request the Organizer to modify the Agreement. The Organizer is not obliged to do so. The Organizer will inform the Traveler of the new travel sum. If the Traveler agrees to the modification costs, the new travel sum and modification costs are due. If the new travel sum is lower than the original travel sum, the difference will be offset against the due modification costs.

8.2 Change of Departure Date

Unless the Organizer indicates that there is a rebooking, changing the departure date constitutes the cancellation of the existing agreement and the formation of a new agreement. The cancellation arrangement in Article 9 [cancellation costs] applies to the canceled agreement.

Article 9 – Cancellation by the Traveler

9.1 Cancellation

The Traveler may cancel the booking before the start of the Trip. Cancellation must be made in writing. The date on which the cancellation is received by the Organizer counts as the cancellation date. If received after 5:00 pm or outside Working Days, the next Working Day is considered the date of receipt.

9.2 Cancellation Costs

If no flight is included, the Traveler owes the following amounts:

1. Up to 91 days before the day of departure: 15% of the travel sum;
2. From 90 days to 56 days before the day of departure: 30% of the travel sum;
3. From 55 days to 21 days before the day of departure: 50% of the travel sum;
4. From 20 days to 7 days before the day of departure: 75% of the travel sum;
5. From 6 days before departure: 100% of the travel sum.

If a flight is included in the Trip, the Traveler owes the following amounts upon cancellation:

1. Up to 91 days before the day of departure: the cancellation costs of the flight + 15% of the travel sum;
2. From 90 days to 56 days before the day of departure: the cancellation costs of the flight + 30% of the travel sum;
3. From 55 days to 21 days before the day of departure: the cancellation costs of the flight + 50% of the travel sum;
4. From 20 days to 7 days before the day of departure: the cancellation costs of the flight + 75% of the travel sum;
5. From 6 days before departure: 100% of the travel sum.

9.3 Reduction in Number of Travelers

If the number of Travelers within a single booking is reduced, the Organizer may, at its discretion, charge as cancellation costs:

1. The standard cancellation costs mentioned in paragraph 2 of this article, or;
2. The entire travelsum of the canceled person minus the cost savings due to the cancellation.

9.4 Cancellation Costs after Rebooked Trip

It may happen that the Traveler and Organizer rebook the trip to a later date. If the Traveler cancels the rebooked trip, the cancellation costs are at least the amount that would be due if canceled on the rebooking date.

(Example: 14 days before the original trip’s start, the trip is rebooked to a year later. 6 months before the rebooked trip’s start, the traveler cancels because they no longer wish to travel. The cancellation costs would be 20% of the travel sum according to Article 9.2. The cancellation costs would be 75% of the travel sum if canceled on the rebooking date. In this case, 75% of the travel sum applies as cancellation costs.)

9.5 Travel Credits Issued as a Gesture of Goodwill

If a Trip is canceled by the Traveler and a travel credit is granted as a gesture of goodwill, the following applies (unless other terms are communicated by the Organizer):

• The travel credit must be used within one year of the travel credit’s issuance.
• The new trip must commence within two years of the travel credit’s issuance.
• The travel credit is tied to the Traveler and is non-transferable.
• The travel credit can only be used for the same Trip at a later date.
• If the trip is more expensive at a later date, the price difference will be charged to the Traveler.
• If the Traveler cancels the Trip booked with a travel credit granted as a gesture of goodwill, the travel credit will expire.

Article 10 – Price Changes

10.1 Price Change

The Organizer may increase the travel sum up to 20 days before the start of the Trip due to price changes in:

• The cost of fuel or other energy sources, or;
• Taxes or fees from third parties not directly involved in the Trip’s execution. The Organizer may include in the Agreement that it can increase the travel sum up to 20 days before the start of the Trip due to exchange rate changes. The Agreement must include the method of price recalculation based on the exchange rate.

10.2 Termination by Traveler

If the price increase exceeds 8% of the travel sum, the Traveler may terminate the Agreement and receive a refund of the paid travel sum.

10.3 Price Reduction

If the right to a price increase has been agreed upon, the Traveler has a corresponding right to a price reduction. A 30 euro administration fee will be deducted from the amount due to the Traveler.

Article 11 – Modification by the Organizer

11.1 Modifications

The Organizer may unilaterally implement minor changes to the Trip before its commencement. The Traveler will be informed of this.

11.2 Significant Changes

If necessary, the Organizer may make significant changes to the Trip’s main features before the Trip’s commencement. This includes offering an alternative Trip. The Traveler may accept the change or terminate the Agreement without paying cancellation costs. Upon termination, the paid travel sum will be refunded. The Organizer may set a reasonable period within which the Traveler must make their choice clear. If the Agreement is not terminated within the set period, the change is considered accepted, and the right to terminate lapses.

Article 12 – Cancellation by the Organizer

12.1 Cancellation due to Minimum Numbers

The Organizer may cancel the Agreement before the start of the Trip if the number of registrations is less than the minimum number specified in the Agreement, and the Traveler is notified no later than:

• 20 days before the start of the Trip for a Trip of 6 days or more.
• 7 days before the start of the Trip for a Trip of 2 to 6 days.
• 48 hours before the start of the Trip for a Trip of less than 2 days.

12.2 Cancellation due to Force Majeure

The Organizer may cancel the Agreement before the start of the Trip if the Organizer cannot execute the agreement due to unavoidable and extraordinary circumstances.

12.3 Refund of Paid Travel Sum – No Compensation

In the above cases, the Organizer will refund the amounts already received within 14 days, and no compensation is due. Costs incurred by the Traveler for services outside the Agreement, such as vaccinations, visas, material purchases, insurance, and, if not included in the Trip, the flight, tickets, accommodation, etc., are not reimbursed.

12.4 Cancellation Due to Traveler’s Actions

If the Traveler does not meet the pre-set participation requirements or if incorrect or incomplete information about the Traveler is provided, the Organizer may cancel the Agreement. The Traveler is then liable for cancellation costs as specified in Article 9, paragraph 2.

EXECUTION OF THE TRIP

Article 13 – Responsibility & Deficiencies

13.1 Proper Execution of the Trip

The Organizer is responsible for the execution of the agreed-upon Travel Services, whether these are performed by the Organizer itself or by another Travel Service Provider. The Organizer must execute the Agreement in accordance with the expectations that the Traveler could reasonably have based on the publications, the Agreement, and the circumstances at the travel destinations.

13.2 Changes in Itinerary and Travel Times

The Organizer will inform the Traveler of changes to the itinerary. If the Organizer is not aware of the place of stay, the Traveler will only be informed at the email address or mobile phone number known to the Organizer.

13.3 Traveler’s Obligation to Complain

The Traveler must inform the Travel Service Provider and the Organizer immediately of any deficiencies or problems in the execution of the Travel Services as per Article 17 [complaints].

13.4 Solution by the Organizer

The Organizer ensures that deficiencies are rectified. A deficiency does not need to be rectified if this is impossible or would incur disproportionately high costs.

13.5 Compensation

If the deficiency cannot be resolved, the Organizer (or Travel Service Provider) will consult with the Traveler and, where appropriate, arrange compensation or an alternative. The Traveler is not entitled to compensation or an alternative if the deficiency is attributable to the Traveler.

Article 14 – Assistance and Support

14.1 Mandatory Assistance

The Organizer provides the Traveler with assistance and support if the Traveler is in difficulty, particularly by providing good information about medical services, local authorities, and consular assistance and by helping the Traveler with remote communication and finding alternative travel arrangements.

14.2 Costs

The Organizer may charge a reasonable fee for assistance and support if the difficulties are caused by the Traveler’s intent or negligence.

LIABILITY

Article 15 – Attribution, Force Majeure, and Liability Exclusions

15.1 Attribution & Force Majeure

The Traveler is not entitled to compensation for damage incurred as a result of a deficiency attributable to:

1. The Traveler;
2. Third parties not directly involved in the execution of the Agreement, and the deficiency could not have been foreseen or prevented, or;
3. Unavoidable and extraordinary circumstances.

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.2 Liability Exclusion

Any liability of the Organizer for damage is limited to three times the travel sum unless the damage results from the death or personal injury of the Traveler or the damage is caused by the Organizer’s intentional or negligent acts.

15.3 Liability Exclusion under Treaty or EU Regulation

If the Organizer is liable for any damage, including damage resulting from the death or personal injury of the Traveler, this liability will be limited or excluded to the extent permitted by the applicable international treaties and/or EU regulations related to individual Travel Services.

15.4 Insured Damage

The Organizer is not liable for damage covered by insurance, such as health, travel, event, or cancellation insurance.

15.5 Limitation Period

Any claim by the Traveler for compensation for damage and other claims by the Traveler expire two years after the Trip took place. If the Trip did not take place, it expires two years after the planned start date.

15.6 Lapse of Rights

Without prejudice to the limitation period and the obligation to complain in a timely manner, any claim by the Traveler for compensation for damage lapses three years after the Trip’s start date.

15.7 No Double Compensation

The Traveler is not entitled to double compensation. If the Traveler is entitled to compensation under international treaties or EU regulations, the Traveler will not also receive compensation under this Agreement.

TRAVELER’S OBLIGATIONS

Article 16 – Traveler’s Obligations

16.1 Conduct and Compliance with Instructions

The Traveler must behave as a reasonable Traveler and is obliged to follow all instructions from the Organizer and the Travel Service Providers.

16.2 Consequences of Non-compliance – Exclusion from Participation

If instructions are not followed, or if a Traveler causes a nuisance, the Organizer/Travel Service Provider may partially or entirely exclude the Traveler from further participation in the Trip. The Traveler is not entitled to a refund of funds. Further costs incurred as a result are borne by the Traveler.

16.3 Warning

Before the Traveler is excluded from participation, the Traveler will first receive a verbal or written warning. A warning is not required if it is not appropriate given the circumstances.

16.4 Traveler’s Liability and Indemnification

The Traveler is liable for damage caused by their behavior, failure to comply with the obligations in this article, or damage otherwise attributable to them. The Traveler indemnifies the Organizer against claims from involved Travel Service Providers, other Travelers, or third parties for damage caused by the Traveler or attributable to them.

16.5 Verification of Return Travel Time

The Traveler must verify the exact departure time of the return journey no later than 24 hours before the scheduled start.

16.6 Formal Health Requirements

The Traveler must comply with all health requirements in force at the destination (and transit countries). Governments may change these requirements without notice. The consequences of these changes fall within the Traveler’s risk sphere.

16.7 Measures by Travel Service Providers

Travel Service Providers may take all reasonable measures and require the cooperation of Travelers, including preventing and combating emergencies, minimizing health risks, preventing damage, or complying with government regulations. If the measures or instructions are not followed, the Traveler may be denied access to the Travel Service and entry.

16.8 Use of Equipment

The Traveler must take care of the provided equipment. Upon receipt, the Traveler must inspect these items and report any defects immediately. The Traveler is liable for damage, loss, or theft of the provided equipment.

OTHER PROVISIONS

Article 17 – Complaints

17.1 Information

The Organizer provides the emergency contact information before the start of the Trip.

17.2 Reporting On-site

If the Traveler believes that the Trip is not being executed correctly, they must report the problem or deficiency immediately to the involved Travel Service Provider so that they can provide a solution. If the Organizer’s trip leader is on-site, the complaint must also be reported immediately to the trip leader. If no trip leader is on-site, the complaint must also be reported to the Organizer. This notification can be made via WhatsApp, text message, phone, or during Dutch office hours (9 am-5 pm) on Working Days.

17.3 Communication Costs

The Traveler should minimize communication costs by using internet calls, WhatsApp, and email.

17.4 Reporting Unresolved Complaints After Return

All complaints that the Traveler believes were not fully resolved or compensated during the Trip must be submitted in writing, with reasons, to the Organizer within two months after the Trip.

17.5 Consequences of Not Reporting or Not Reporting in Time the Deficiency or Complaint

Failing to report or not reporting in time according to the second paragraph [On-site Reporting] of this article may affect the amount of any compensation unless the Organizer’s interests were not harmed by the failure to report in time. Complaints that are not received in time after returning will not be considered unless it is unreasonable under the circumstances.

Article 18 – Other Provisions

18.1 Rights of Third Parties

Subordinates, assistants, and other third parties involved in the execution of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including liability exclusions) against the Traveler.

18.2 Replacement Provisions

If mandatory law invalidates a provision in these Terms and Conditions, or if a provision is annulled, that provision is deemed to be replaced by a valid provision that closely approximates the original intent in content and scope.

18.3 Applicable Law

The offer, the Agreement, and the execution of the Agreement are governed exclusively by Dutch law, unless this conflicts with mandatory law.

If the consumer resides outside the Netherlands at the time of booking, the following applies: Despite the choice of law, the consumer is entitled to the protection of the mandatory law of the country of their residence if (cumulatively):

• The Organizer directed the commercial activities for the agreed Trip at the country where the consumer resides, and;
• The agreed travel services are partially or entirely performed in that country.

18.4 Competent Court

The court within whose jurisdiction the Organizer’s place of business is located has exclusive jurisdiction to hear disputes regarding the Agreement and related matters unless this conflicts with mandatory law. The Organizer is also allowed to sue the Traveler in their place of residence.

Article 19 – Liability for Mountain Bike Trip

19.1 Responsibility of the Organizer for Mountain Bike Trip

The Organizer is not responsible for the participant’s safety during the trip. It is the participant’s responsibility to decide whether they are capable of riding routes on a mountain bike. Each participant is free to decide at any time during the trip to stop and not continue riding.

19.2 Traveler’s Responsibility for Mountain Bike Trip

By participating in a mountain bike trip, the Traveler is aware and agrees with the following points:

• Participation is entirely at your own risk.
• The Traveler is responsible for their own safety, behavior, and decisions.
• The Traveler is responsible for their own equipment at all times during the trip.
• The Traveler will not deliberately endanger others.
• The Traveler agrees that photos and videos may be shared on social media and the internet.</ li>

Article 20 – Guarantee Scheme: VZR Garant

To comply with the legally required guarantee, ‘Fietsen in Spanje’ uses the VZR Garant guarantee scheme (www.vzr-garant.nl). You can verify this via the participants’ page on the VZR Garant website. Within the limits of the Guarantee Scheme (available on the VZR Garant website), VZR Garant’s guarantee applies. The Guarantee Scheme explains which (travel) offers the VZR Garant guarantee applies to and what this guarantee entails. If services are not provided due to the financial insolvency of ‘Fietsen in Spanje,’ you can contact VZR Garant, located at Torenallee 20, 5617 BC Eindhoven, the Netherlands, via info@vzr-garant.nl or +31 (0)85 13 07 630.