1. General Issues
a. These Booking terms and conditions apply to the booking of bikes from 3 Peaks Cycles.
b. These booking terms and conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these booking terms and conditions.
c. No variation to these booking terms and conditions shall be binding unless agreed in writing by 3 Peaks Cycles.
d. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by 3 Peaks Cycles (including any electronical documentation) shall be subject to correction without any liability on the part of 3 Peaks Cycles.
e. 3 Peaks Cycles reserves the right to make changes to the activity whether to conform with any applicable safety or other statutory requirements or otherwise. This could include, but is not exclusive to, people who book an under 18 year old to ride without a riding adult, or under 14 year old on an electric bike.
2. Booking Confirmation
a. Bikes will not be reserved unless a booking has been completed. A booking is not considered complete unless payment has been received. No booking shall be deemed to have been accepted unless accepted in writing by 3 Peaks Cycles. If you do not receive confirmation please contact us and we will be happy to provide you with written confirmation.
c. You must advise 3 Peaks Cycles as soon as possible of any mistake in the 3 Peaks Cycles booking confirmation.
d. 3 Peaks Cycles shall use its reasonable endeavors to ensure that you and your party’s participation commences at the time booked and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activity and no refunds or compensation will be payable in such circumstances.
e. 3 Peaks Cycles will hold all booked bikes until 12pm, after this time we do not guarantee to hold your booking. If you are running late, and will arrive after this time you must contact us via phone on 01729 824232 and we will endeavour to save these bikes for you.
a. The Activity of Mountain Biking and riding an electric bike comprises of a strenuous and dangerous activity which could result in death. All participants will receive detailed safety advice from 3 Peaks Cycles Staff.
b. 3 Peaks Cycles reserves the right to refuse admittance to the Activities or to remove a participant from the activities should it deem it necessary to do so. This includes a participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs.
c. After the safety briefing participants will not be directly supervised by an instructor. A participating adult must accompany under 18 year olds at all times whilst they are riding bikes. 3 Peaks Cycles recommends that one adult should supervise a maximum of 8 children when riding and this should be reduced if the participants are going onto busier roads or technical riding. By paying for booking, participating adults agree a Risk Acknowledgement and Disclaimer (see below) stating that he or she will accept responsibility for the safety of him or herself and for the supervision of children in his or her care.
d. All participants must be reasonably fit and healthy, a minimum age of 1 years old is required to go into the trailers.
e. All participants are required to wear a helmet at all times whilst riding a bike.
f. The Activities are physically demanding and require a degree of fitness. If participants are in any doubt as to whether they should attempt the Activities they are advised to walk some of the course before booking.
g. 3 Peaks Cycles will take no responsibility for participants who have booked and then found the riding too difficult. Please note that we are based in the Yorkshire Dales and are therefore hilly. The Settle loop involves quite a strenuous climb Although we are classed as having cycle trails, some children may struggle with the initial climb. If you are unsure please come and visit the site prior to booking, staff members will be happy to advise you to the best of their ability to whether the Settle Loop is suitable. We do have alternative rides for the less experienced or fit.
h. If participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to certify that they do not suffer any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Due to the physical nature of the Activity 3 Peaks Cycles are unable to allow pregnant women to take part.
i. All Participants are required to act responsibly and courteously at all times and to respect other participants. 3 Peaks Cycles shall be entitled to prevent any person from undertaking or completing the Activity in the event it deems the behaviour of any participant unsuitable.
j. Participants must be dressed appropriately (see clause 4) and 3 Peaks Cycles reserves the right to refuse admittance to the activities to any participant who is not appropriately dressed.
k. The activities will remain open in most weather conditions (but not in circumstances of gales, lightning, and heavy ice or snow and severe flooding).
l. No refunds or compensation will be payable by 3 Peaks Cycles in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for the reasons set out in this clause.
4. The Disclaimer
The disclaimer is signed by all riding adults on collection of the bikes, and reads as follows…
I (the undersigned) wish to hire a bike for the purposes of cycling.
I am over the age of 18 years old, or am signing on behalf of the children under 18 years old listed below.
I have the authority of each child’s (under 18 years old) parent/guardian to participate in the activity of Mountain Biking. All under 18 year olds must be accompanied by an adult riding a bike at all times.
From here on the word ‘I’ will be seen to mean the undersigned and all those under 18 years old named below.
I agree that safety helmets will be worn at all times when mountain biking. Riding without a helmet or misuse of any of the equipment will result in confiscation without compensation.
I understand that mountain biking is a physically challenging activity and accept that there is a risk of serious injury or even death in undertaking this activity.
I certify that to the best of my knowledge I do not have any medical condition which might make me more likely to sustain an injury.
To the best of my knowledge I am not pregnant.
I confirm that I am not under the adverse influence of alcohol or drugs.
I acknowledge that I am responsible for my own safety (and the safety of my possessions) whilst undertaking this activity, and that I am responsible for the safety of all under 18’s listed below.
To reduce the risks I agree to follow all the instructions set out in the Forest Cycle Code along with all the instructions to be given to me by 3 Peaks Cycles staff before undertaking the activity.
I understand and agree that if participating in guiding/coaching sessions that I do so entirely at my own risk. I have considered the nature of such sessions and agree to participate in a safe manner and follow all reasonable instructions from the guide/coach.
I agree that I am liable for any costs incurred by myself and/or my group/company in respect to damage to the equipment hired by myself or my group/company, however so caused.
In the unlikely event of an accident, loss or damage to my personal effects, I acknowledge that 3 Peaks Cycles will not be liable for any direct or indirect loss, damage or injury arising from or in connection with this activity (except death or personal injury caused by 3 Peaks Cycles’ negligence) and waive all and any claims against 3 Peaks Cycles in this respect.
In paying for cycle hire from 3 Peaks Cycles I acknowledge that I agree to everything stated in the above disclaimer, and I take responsibility for myself and take responsibility for any/all the children (under 18) listed under my supervision
5. Cycle code
Expect the unexpected. Keep your speed down.
Remember other vehicles use roads as well. Footpaths and waymarked walks are for walkers only.
Give way to walkers and be friendly to other bridleway users.
Be aware of horses.
Warning! Keep away from all forestry operations, quarries and pits.
Take care cornering and braking on loose stone surfaces.
Close gates. Always wear a helmet. Cycle with care.
a. It shall be the responsibility of all participants to ensure that they are dressed appropriately and 3 Peaks Cycles advises participants to wear clothing appropriate for the weather conditions and which they do not mind getting damaged. In particular the following restrictions shall apply:
i. Participants may not undertake the Activity in open-toed or slip-off shoes.
ii. Waists must be covered, and participants are advised to cover up as much skin as possible, weather dependent.
iii. Jumpers must not be tied around the waist of any rider (rucksacks maybe hired if needed to prevent this).
iv. Baggy trousers, skirts or similar are not recommended, and care should be taken to ensure that a participant can ride without their garments catching in the wheels or drive chain. Such garments are not permitted for those riding on technical trails.
b. 3 Peaks Cycles will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities.
a. You shall be entitled to cancel your booking subject to 3 Peaks Cycles receiving your request for cancellation at least 48 hours before the booking start time. Any requests for cancellation must be made by telephone on 01729 824232 AND followed by a written email to firstname.lastname@example.org. You shall be entitled to a full refund in the event of a cancellation under this clause.
b. After 48 hours prior to commencing your booking, 3 Peaks Cycles will offer no refund for any booking, but will endeavour alter the time and date to an acceptable time and date for 3 Peaks Cycles and yourselves. This must be taken within 12 months from the original booking.
c. 3 Peaks Cycles shall be entitled to cancel your booking at any time. In the event that 3 Peaks Cycles decides to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable. This does not include cancellation in respect to clause 3:b, 3:g, or 3:I, which will in-cure no refund.
d. In the event that it proves necessary to close the Activities for reasons beyond the control of 3 Peaks Cycles and in circumstances where your party has commenced participation in the activities, you shall not be entitled to any refund (in part or in whole). In such circumstances 3 Peaks Cycles may, but shall not be obliged to, offer alternative dates or times at reduced rates.
e. 3 Peaks Cycles will not refund any full day hire, if the participants have already paid for the full day, but return within the half day time period.
8. Group Bookings
a. All group bookings of 10 or more participants (that are not booked via the website by the participants) will only have a confirmation of the booking once an email has been received from the participants with the details of the group and a confirmation email has then been received from 3 Peaks Cycles.
b. Once a group booking has been confirmed, the cancellation policy is the same as that in clause 5.
c. Once an invoice has been issued to a group, this is counted as a promise of payment and should therefore be paid in full unless the group has cancelled up to 48 hours before in writing. In this case the Invoice will be seen as null and void.
d. All groups will be bound by the same terms and conditions as all other participants, as laid out in this document.
9. Price and Payment
a. Subject to any terms agreed in writing between 3 Peaks Cycles and you, our charges shall be calculated at our current rates and payment in full shall be due at the time of booking. The charges include the cost of purchasing the activities, and includes helmet hire and maps. Payment may be made either via the website via credit/debit card via phone or on the day or by cash payments where a form of photographic I.D is shown. Invoices for group bookings are available on request but will only be issued with prior arrangement.
10. Refunds and Amendments
a. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by cheque. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value.
b. Where multiple forms of payment are used, 3 Peaks Cycles reserves the right to refund any monies due on a refund or amendment by credit or cheque.
a. Except as otherwise provided in these Booking Terms and Conditions 3 Peaks Cycles shall not be responsible for the loss, or damage, of or to any property or to any person arising from the booking of or participation in the Activities.
b. Parking facilities are available in Settle, and any vehicles are left at the owners’ risk and subject to any conditions and the payment of any fees as may be required by the provider..
c. Except as otherwise provided in these Booking Terms and Conditions any liability of 3 Peaks Cycles shall be limited to the refund of any charges paid to 3 Peaks Cycles.
d. Nothing contained in these booking Terms and Conditions is intended to nor shall limit the liabilities of 3 Peaks Cycles in respect to death or personal injury caused by the negligence of 3 Peaks Cycles or of its employees, agents or contractors.
a. If any of these terms are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
b. Nothing above shall confer on any third party any benefit or the right to enforce any of these Booking Terms and Conditions.
c. These Booking Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and 3 Peaks Cycles and you submit to the exclusive jurisdiction of the courts of England and Wales.