Booking Terms & Conditions
Last Updated: 20th April 2021
Please take the time to understand our Booking Terms & Conditions before booking a tour with MAGLIA NERA TOURS. We recommend that you check what is included in the Essential Tour Information for your tour – details the tour itinerary, type of tour, the physical demands and all inclusions, before booking.
1. OUR CONTRACT
All bookings are made with MAGLIA NERA TOURS PTY LTD (ACN 623 773 884) (us/we). By booking a tour with us you are making a booking which incorporates these Booking Terms & Conditions. Your booking will be accepted by us on the basis that you have read, understood and agreed to these Booking Terms & Conditions. The Booking Form, the Booking Terms & Conditions and the Tour Confirmation Invoice will constitute the entire agreement between you and us.
All dates and dtineraries published on our website Calendar are valid until based on current conditions. COVID-19 restrictions may cause price, dates, location etc. changes.
3. DEPOSITS requirements
You are required to pay a non-refundable deposit of €1000 (or $AUD 1000 for tours in Australia & New Zealand) per person per tour for your booking to be confirmed.
If your booking is made within 56 days of the departure date then the full amount is payable at the time of booking.
Deposit amounts vary for selected trips and special campaigns that may be run by us from time to time.
NOTE: NORTHERN BEACHES TOURS
Daily Tours in the Northern Beaches require full payment at the time of booking
- Cancellations: 48 hours before will not be refunded, unless under special circumstances.
4. BOOKING ACCEPTANCE
If we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and us from the date we issue the confirmation invoice or if you book within 56 days of departure the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments, including how to make the payment. Payment of the balance of the trip price is due 56 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled and any cancellation charges outlined at clause 7 (Cancellation by You) will apply.
5. TOUR PRICES AND SURCHARGES
The most up to date prices are seen on our website www.maglianeratours.com
Tour prices may be expressed in the local currency, with few exceptions indicated on the tour description page. Payment can be made by Bank Transfer or Credit Card. All tour prices are variable and seasonal pricing, both of which are standard practice within the travel industry. Hence, the price of a tour may vary at any time in accordance with demand, market conditions and availability. Participants on the same tour may have likely paid different prices. The best option is too book when you see a price that you like.
Reduced pricing or discounts which arise after you have paid your deposit will not apply to you. If you wish to take advantage of a cheaper price and wish to cancel your booking, full cancellation conditions apply as set out below in clause 9
Prices are based on the country where the tour is being operated. We reserve the right to impose surcharges up to 56 days before departure due to unfavourable changes in transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the any amount up to 2% of the tour price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the tour price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card (subject to applicable laws).
6. MEMBER LOGIN
After you have booked a tour with MAGLIA NERA TOURS, your Member login will allow you to access specific details of your tour including useful and important information to prepare for your tour. In some cases, detailed information on final routes and hotels may not be available until closer to the tour start date.
7. YOUR DETAILS
To confirm your booking, we require that you to provide all requested details when paying the balance of the tour price. Obligatory details may vary depending on the tour; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.
Failure to provide requested details may result in a non-refundable cancellation of your tour.
For us to confirm your tourarrangements, you must provide all requested details with the balance of the trip price. Obligatory details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.
8. FIT TO RIDE CERTIFICATE AND WAIVER
All tours require you to complete the following forms:
- FIT TO RIDE CERTIFICATE: to be filled in, signed and stamped by your Doctor
- WAIVER: to be filled in and signed by you.
9. CANCELLATION BY THE PARTICiPANT
These cancellation conditions apply to tours purchased after 1st January 2021.
For tours purchased previous to 1st January 2021, please refer to our Pre-COVID Booking Conditions
If you cancel some or all portions of your tour, booking cancellation fees will apply.
A cancellation will only be effective when we receive written confirmation of the cancellation.
These cancellation fees will apply if you cancel a whole tour:
|Days Prior to Tour Start Date||Deposit||Balance|
|56+ days||100% Credit or 50% refund||100% Credit or 100% Refund|
|31-55 days||100% Credit, no Refund||100% Credit or 50% Refund|
|30 days or less||50 % Credit, no Refund||100% Credit, no Refund|
NOTE: NORTHERN BEACHES TOURS
Daily Tours in the Northern Beaches require full payment at the time of booking
- Cancellations: 48 hours before will not be refunded, unless under special circumstances.
If you cancel a portion of your tour, the cancellation fee will reflect the tour price applicable to that portion.
If the cancellation is due to you having COVID-19/ “flu-like symptoms”, supported by a medical certificate, valid COVID test, we will consider hold 100% of monies paid by you in connection with the booking as a Credit.
Any credit resulting from a cancellation under this clause 7 (Cancellation by you) does not have an expiry date and may be applied towards any other available tour offered by us. This credit is not transferrable or redeemable for cash. This credit excludes our online store and some charity tours.
You are strongly advised to take out cancellation insurance at the time of booking & paying a deposit. If you leave a tour for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, it will be treated as a cancellation by you and no refund will be made of the tour price or any portion of it. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees. Please refer to clause 29 (Liability), which provides more information about your rights under Australian Consumer Law which may apply to your cancellation.
10. CANCELLATION BY US
Our trips are guaranteed to depart once they have one fully paid traveller unless minimum group size specifically states otherwise (which will be stated in your Essential Tour Information) or when a Force Majeure Event results in the cancellation of a trip
A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a tour to commence or continue.
Cancellation due to Force Majeure
If a trip is cancelled due to a Force Majeure Event, we can offer you a choice of:
(a) a 100% credit of monies paid for your trip; or
(b) a refund minus unrecoverable costs.
If the cancellation due to a Force Majeure Event occurs after a trip has commenced, we can offer you a choice of a pro-rata:
(a) 100% credit for the days that remain on your trip; or
(b) refund minus unrecoverable costs of the days that remain on your trip.
Any credit resulting from a cancellation under this clause 8 (Cancellation by us):
- does not have an expiry date and may be applied towards any other available trip offered by us;
- is not redeemable for cash;
- excludes flights or insurances.
In such circumstances there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
Non-riders are most welcome. Travel is more fun when shared with a friend or loved one. All of our tours can cater for non-riders, with the option to do other activities whilst their partners are riding, then joining the group for post-ride activities. Non-rider pricing is based on what the participant chooses to do if not riding.
12. BOOKING AMENDMENTS
If you wish to transfer from one tour to another or transfer your booking to a third party, you must notify us at least 56 days prior to the proposed tour start date. A fee of AUD$200 per person per transfer will apply. You will be responsible to pay any charges levied by hotels, ground operators or airlines.
If you notify us less than 56 days prior to the proposed tour start date, the refund policy applicable to cancellations by you will apply.
Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the tour, and transfers to another tour can only be made to a tour with a tour start date within the current validity period.
Any other amendments made in conjunction with your tour will incur an AUD$150 administration fee per booking per change. This fee is payable in addition to any charges levied by hotels, ground operators or airlines for the amendments. No amendments are permitted to your booking within 28 days of the tour start date.
Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to You if you have not signed a waiver.
The price includes:
- All accommodation as listed in the Essential Tour Information
- All transport listed in the Essential Tour Information
- Sightseeing and meals as listed in the Essential Tour Information
- The services of a group leader as described in the Essential Tour Information
- Optional: Bicycle rental and Insurance, to be accompanied by signed BIKE RENTAL CONTRACT
The land price of your tour does not include:
- International or internal flights unless specified
- Airport transfers, taxes and excess baggage charges unless specified
- Meals, other than those specified in the Essential Tour Information
- Beverages, alcoholic drinks, other than those specified in the Essential Tour Information
- Visa and passport fees
- Travel insurance
- Optional activities and all personal expenses
- Tour Kitty
MAGLIA NERA TOURS does not operate a 'kitty' for any of its tours and guests.
16. AGE & HEALTH REQUIREMENTS
For the majority of our tours, the minimum age is 15 at the time of travel. All guests/participants under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the participant under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Please note we cannot guarantee adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
For the majority of our trips, we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
In the instance of a Family Tour, the minimum age for a bike rider (no training wheels) is 8. Children younger than 8 must be seated in an approved bike seat or buggy for that country. In the instance where a child is 8 or older and cannot ride a 2-wheel bicycle, they must ride in an approved bike seat or buggy. Children under 8 can only ride when approved by Tour Staff. Children over 8 who display poor riding skills and endanger others can be asked to cease riding by the Tour Staff.
Physical and Cycling Capability
We remind you that our tours can be physically demanding, and participants must ensure that they are suitably fit to allow full participation. You must supply a FIT TO RIDE CERTIFICATE from your Doctor and a signed WAIVER form .
MAGLIA NERA TOURS can provide a guide on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
You must notify us of any medical issue that may impact your cycling, or be of concern in an emergency; these include exisiting or pre-existing medical conditions or medical incidents.
MAGLIA NERA TOURS reserves the right to not permit you to ride should you be in a state, physical or mental condition that may impact the safety of yourself and/or others.
17. SMALL GROUPS & COMBINATION TOURS
The tours detailed in our Calendar are guaranteed to depart once they have reached the minimum group size stated (which is usually 6 people). Some of our tours are designed to fit with other departures to create a longer "combination" tour. This means that some of your group may have already been travelling together for some time when you commence your tour. For more information on how many people are booked on a specific tour, please be sure to ask prior to booking.
Tours which have a confirmed tour start date will be bookable on line. Tours which are gathering interest will have a button where you can express your interest and get further information. If for some reason there are cancellations making a group fall below the minimum group size requirement, then we will recommend an alternate tour, and if this not acceptable a full refund will be issued. (Please refer to ‘Cancellations by Us’)
18. PASSPORT AND VISAS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with is as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
MAGLIA NERA TOURS will not be responsible if you are refused entry to a country because you lack the required documentation.
19. TRAVEL INSURANCE
Travel insurance is mandatory for all our travellers and must be taken out at the time of booking / paying your deposit. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. The travel insurance must apply to the regions or countries in the itinerary.
You must provide your travel insurance policy number when paying your final balance. You must also supply the insurance company's 24-hour emergency contact number prior to the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.
You must also make sure that your travel insurance policy does not exclude cycling and any other activities detailed in the Essential Tour Information for the tour you book.
BIKE INSURANCE: If you are bringing your own bicycle we recommend you check your insurer will cover your bike in all circumstances to a suitable value.
When booking your tour with MAGLIA NERA TOURS, you must appreciate and acknowledge that the nature of this type of travel requires considerable flexibility. You must allow for alternatives as the itinerary provided for each tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
21. CHANGE OF ITINERARY
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Prior to departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative trip offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or a Force Majeure Event. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries including but not limited to visas, vaccinations or non-refundable flights.
22. ARRIVAL AND DEPARTURES
Every tour will have a pick-up point at the start of a tour and a drop-off point at the end of the tour. Any transfer outside of these may incur an extra charge.
We highly recommend that you arrive at the starting location at least the day before, especially if travelling long distances. This allows you more recovery time and a relaxed beginning to your holiday.
23. AUTHORITY ON TOUR
Our trips are run by a tour leader. The decision of the tour leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a tour leader, or interfere with the well-being or mobility of the group, the tour leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our Responsible Travel Guidelines.
24. ACCEPTANCE OF RISK
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
Wearing of helmets is compulsory for all riders. Riders must bring their own personal helmet on tour which meets the safety standards of the country in the tour itinerary. In the event of a participant not wearing their helmet during a tour, the entire group will be grounded until it is placed back on securely. If the rider does not wish to comply, the tour staff will ask the rider to be seated in the support van for the remainder of the tour. Please be aware of the helmet safety standards of the country/s you will be visiting.
BRINGING YOUR OWN BIKE: Please ensure that your bike has been recently professionally serviced and has the appropriate gearing for the tour. It is your responsibility to ensure your bike is safe and roadworthy. MAGLIA NERA TOURS will not assume responsibility or liability for any damage or injury caused as a result of a failure by your bike or its operation.
If transporting your bike in a bike case, there will be a courier charge to transfer the case from the start to finish hotels or storage. Transport of bike cases for riders who wish to leave mid-tour, will incur an additional fee.
If you choose to bring your own bike, you must understand
- Installation of saddles, pedals or any other apparatus must be carried out by you. In the instance that our Tour Staff assist you, we take no responsibility for any issues or damage.
- Adjustments to any part of the bike is are to be carried out by you. In the instance that our Tour Staff assist you, we take no responsibility for any issues or damage.
- We do not take responsibility of your bike if it is left unattended
- You can choose to lock up your bike in the organised secure storage organised by us, but we do not accept any responsibility in the case of theft or damage.
- You are responsible for Bike Insurance, our policy does not cover bikes outside of our fleet.
BIKE RENTAL: If you prefer to use one of our rental / fleet bikes, we can organise a high-end bike for you at no extra cost. These bikes are fully serviced and set up with gearing suitable for the locations in which we tour.
If you choose to use one of our bikes, you must comply to the rules set out below
- You must supply information on your current BIKE FIT, we will adjust the bike as best as possible to match. Your position may differ from your current bike due to bike geometry etc.
- Installation of saddles, pedals or any other apparatus is to be carried out ONLY by our Tour Staff
- Adjustments to any part of the bike is to be carried out ONLY by our Tour Staff
- No rider must make any change or adjustment to any tour bicycle
- No bike must be left unattended at any time
- All bikes must be locked up in the organised secure storage organised by us
- You must sign a BIKE RENTAL CONTRACT before using the bike
MECHANICAL COVER: Tour leaders will carry basic spares. Minor repairs and maintenance will be undertaken on the road by one of our mechanically trained tour guides. Any more serious mechanical issues will be handled by one of the small, professional cycle shops along the way. If you are bringing your own bike, parts and repair costs will be passed on to you.
Cycling can be a dangerous recreational activity; hence we do not allow alcohol consumption during rides. No alcohol is to be consumed between the time of departure and the time of returning from the daily ride ending. Tour Staff have the right to stop a rider from riding if alcohol is consumed during the day, which could endanger their safety and/or the rest of the touring group. The Tour Staff also have the right to refuse a rider the right to depart on a ride if they feel they are not fit to do so from excessive alcohol consumption.
Riders must stay within proximity of the support van obeying the local road rules at all times. Daily briefings will specify the plan for each day, the location of riders and the support van/s, all riders must obey these instructions. Tour Staff have the right to stop any rider from riding who is deemed to be posing danger to themselves, other riders, Tour Staff or the public.
29. LIMITATION OF LIABILITY
We contract with a network of companies, government agencies and individuals to assist in the running of our tours as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
- any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a tour, or any breach of these Booking Terms & Conditions, is excluded;
- you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a tour; and
- any condition or warranty which would otherwise be implied by law into these Booking Terms & Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar tour to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
30. OPTIONAL ACTIVITIES
Please refer to your Essential Tour Information for details on Optional activities. Optional activities which are not included in the tour price do not form part of the tour or this contract. You accept that any assistance given to you by the Tour Leader, Tour Staff or local representative in arranging any Optional activity does not render us liable for them in any way. The contract for the provision of that Optional activity will be between you and activity provider.
31. CLAIMS & COMPLAINTS
Please notify the Tour Leader, Tour Staff or local representative immediately of a complaint. This allows them to attempt to deal with the complaint effectively. If you are not satisfied with this, then a further complaint should be put in writing to us within 30 days of the date the tour ends.
In the event that any term or condition contained in these Booking Terms & Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
33. PHOTOS AND MARKETING
You consent to us to use any images taken of you during the tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for marketing, publicity and promotional purposes.
35. APPLICABLE LAW
The laws of New South Wales, Australia govern these Booking Terms & Conditions to the fullest extent allowable. Any disputes in connection with a tour or these Booking Conditions must be initiated in the courts of New South Wales, Australia
36. REGISTERED ADDRESS
Maglia Nera Tours Pty Ltd
PO Box 207, Freshwater NSW 2096