MODe TRAVEL and TRIPS
All MODe Travel and Trips are provided by MODe LLC and are subject to the following terms.
In booking your trip you confirm that you are over the age of 18 and have read, understood and accept these terms and conditions in their entirety.
- PRICE AND PAYMENT
While we reserve the right to increase or decrease brochure prices at any time, once you have booked and paid your trip, the price shown on your booking confirmation is the guaranteed price of your trip. All advertised prices are inclusive of taxes. You must pay for your trip in full at least 60 days prior to your departure date. If you fail to pay for your trip in full 60 days prior to your departure date, we reserve the right to cancel your booking and your deposit will be forfeited.
- YOUR OBLIGATIONS
You shall: follow the instructions of your MODe professional guide at all times; you assure that you are of an appropriate level of fitness to participate in your trip, and that the following statements apply to your riding abilities;
- I ride my bike an average of 100 miles per week
- At times I enjoy a fast pace for an extended period of time
- I love to train, improve, and maybe even race
- All terrain, with hills and big mountain passes are what I enjoy
- Technical descents are fun and I enjoy a challenge
- I can ride up to 125 miles with elevation gain between 5,000 and 12,000 ft on a long and hard day
Notify us of any medical ailments from which you suffer which may affect your ability to participate in the trip; wear a helmet at all times while cycling; not cycle when under the influence of alcohol or drugs; and ensure you have travel and medical insurance, providing you with cover for baggage, cycling equipment and medical expenses whilst you are on your trip.
4 OUR RIGHTS
We reserve the right to cancel or alter your trip at any time prior to your departure date, due to events outside of our control, such as but not limited to: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination; or collapse of buildings, fire, explosion or accident, (together “Events Outside Of Our Control”). We reserve the right to cancel or alter your trip at any time prior to your departure date (at our discretion), although we assure you that we will endeavour to only do this when strictly necessary. We reserve the right to expel you from our trip at your own expense for a falsely stated fitness level (as stated in paragraph 3) and/or completely inappropriate behavior not limited to but such as use of illegal substances, racist or sexual harassment and disregard for safety of other riders or crew, etc.
5 IN THE EVENT THAT WE CANCEL YOUR TRIP
If the trip is canceled due to Events Outside Of Our Control you will be entitled to receive a full refund less expenses or costs incurred at that time; we will not be liable for any flight, other travel or insurance costs you have incurred (it is for this reason that we recommend you delay booking flights and arranging insurance until your trip is confirmed). We reserve the right to stop you from participating on your trip if you: behave in an abusive and/or threatening manner; or engage in illegal activities.
6 TRANSFERRING YOUR TRIP
Should a business or personal emergency cause you to not be able to go on your trip, you may transfer to any other person fit to engage in your trip. There is no charge for transferring your trip to another person.
7 ALTERATIONS TO YOUR TRIP
We will use our best endeavours to ensure that the itinerary of your trip does not have to be altered. However, if an Event Outside Of Our Control occurs, we may not be able to follow our advertised itineraries or schedules. If any additional expenses are incurred through delay, accident or disruptions of planned itineraries due to Events Outside Of Our Control, we cannot compensate you for such expenses.
You need to bring and ride your own bike on your trip, you hereby confirm and acknowledge that: it shall be suitable for your trip, well maintained and in good condition; and you shall be solely responsible for assembling, repairing and maintaining your bike during your trip.
By booking your trip, you: acknowledge that you have received and read all guidance provided by us in relation to your trip; accept that any guidance given by us as regards climate, clothing, special equipment, topography etc is done so in good faith, but accept that we cannot confirm its accuracy or completeness; acknowledge that it is your responsibility to arrange insurance to cover you during your trip. You accept, confirm and FULLY UNDERSTAND that:
(a) BICYCLING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES, either not known or not readily foreseeable at this time; and YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of your participation in the Activity; (d) MODe is not responsible for any lost, stolen, or damaged personal property. confirm that you are aware of the physically strenuous nature of our trips and accept the risks and hazards of our trips, including the dangers inherent in cycling either on the road or off the road and any risks that result from (amongst other things) adverse weather conditions and the variable condition of roads and/or tracks.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE MODe, its respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND YOU FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT YOU, or anyone on your behalf, makes a claim against any of the Releasees, YOU WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
YOU UNDERSTAND that PHOTOS AND VIDEO will be taken during Bicycling Activities. You authorize MODe to USE YOUR LIKENESS IN PHOTO OR VIDEO in any printed and/or digital publications or any other lawful purpose. You understand and agree that any photograph using my likeness will become property of MODe. You acknowledge that since your participation with MODe is voluntary, you will receive NO FINANCIAL COMPENSATION. Additionally, you WAIVE the right to any royalties or other compensation arising or related to the use of the photograph.
Accept the potential for (amongst other things) delays, alterations, loss of or damage to property, inconvenience and discomfort; and accept that subject to paragraph below, you participate in your trip, and cycle, at your own risk.
Nothing in these terms & conditions limits or excludes our liability to you for death or personal injury caused by our negligence. To the extent your property is lost or damaged due to our acts or omissions, we shall be liable for the cost of repairing or replacing any such property, up to a maximum of $5,000 and we therefore suggest you bear this in mind when packing for your trip. Without prejudice to paragraphs and our entire financial liability whether in contract, tort (including negligence) or otherwise (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) to you in respect of any breach of these terms and conditions shall be limited to the amount you paid for your trip. We shall not be liable to you for any: loss of, or damage to, your property caused by your own act or omission; or claim for disappointment; or claim for loss of enjoyment; or loss incurred as a result of Events Outside of Our Control; or loss incurred due to the theft of bicycles; or loss incurred due to injury as a result of cycling either on or off road, unless such injury is caused by our negligence; or loss related to any business of yours such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur as a result of any breach of these terms and conditions; or other special, indirect or consequential losses. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions. Nothing in these terms and conditions shall affect your statutory rights.
Comments and complaints If you have any concerns while on your trip, please communicate those concerns directly with your MODe professional guide and allow us to address them immediately.
We may transfer our rights and obligations under these terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms. This arrangement is between you and MODe LLC. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. These terms are governed by California law.
Any changes we may make to these Terms & Conditions in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to these Terms & Conditions.
Our contact details are set out at the footer section of the site.