Discovery Biking Scotland (DBS) always aims for you (the person making the booking and participating on the ride) to have a safe, enjoyable and memorable mountain bike experience.  Before placing a booking for a led ride with DBS and signing the Rider Information and Consent Form, it’s strongly advised that you read the following terms and conditions.

 

Your signature on the Rider Information and Consent Form is your confirmation that you have read, understood and accept these terms and conditions.

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Just to be clear, the reference to Discovery Biking Scotland, ‘DBS / us / we’ is Colin Hutchison, founder of Discovery Biking Scotland and ‘you / your’ refers to the person placing the booking and / or participating on the ride.

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1. Booking with DBS: Whether you place the booking for you, a friend or a group, on placing the booking you accept Discovery Biking Scotland’s terms and conditions. Your booking will be confirmed by email and may be followed up with a phone call to confirm arrangements. The contract between you (the person making the booking) and Discovery Biking Scotland (DBS) is governed by Scots’ law.

2. Bike hire: Please give DBS at least 72 hours notice if you need to hire a mountain bike. The cost of your led riding experience DOES NOT include the cost of any bike hire.  DBS can source a bike(s) for you but the responsibility, including payment and safe-keeping for the hire of the bike(s) is your responsibility and not that of Discovery Biking Scotland.  DBS will not accept any responsibility for the condition of the bike(s) but do expect the bike(s) to be maintained to a good, safe standard and fit for purpose. You are responsible for looking after the hire bike(s) and must notify DBS of any defects as soon as possible. You are liable to the bike hirer for any loss or damages to the hire bike. You must commit to return the hire equipment in the same condition as you received it and may not sell, hire or otherwise part with the equipment during your participation with DBS.

3. Payment: Unless otherwise agreed, you (the participant) or person making the booking on behalf of others must make full payment to DBS for the led ride prior to participation. If payment is not made in full (pounds sterling only), DBS reserves the right to cancel or postpone the ride. If making a booking for 4 or more persons, a deposit of 50% of the total cost of the ride must be paid within 48 hours of the planned ride.

4. Number of participants: DBS will lead a MAXIMUM of seven riders and a minimum of one adult (age 18 years+) person on any led ride. It is your responsibility (as the rider) or the person making the booking on the behalf of others to be clear and honest when completing the Rider Information and Consent Form regarding the medical fitness and ability of any rider(s) to undertake a ride.

5. Cancellation:  DBS understands that circumstances can arise when it’s necessary for you to cancel a planned experience with Discovery Biking Scotland.  DBS will always try to accommodate your needs, offering mutually convenient alternative dates or times to undertake the led ride. However, should notice of any cancellation only be given on the day of the agreed ride, DBS reserves the right for you to forfeit any monies paid (including deposit) for a group ride. You will be wholly responsible for any costs incurred for travel and the hire of mountain-bikes associated with the planned ride with DBS.

6. Cancellation by DBS: DBS will always try to avoid cancellation of your biking activity. In the event of any exceptional circumstances beyond the control of DBS, we may have to cancel your activity. Any cancellation by DBS will result in a full refund to yourself, or we will seek to agree with you an alternative date(s) to participate on a led ride. Please note that DBS cannot be held liable for any other expenses you might incur as a result of cancelling your activity. Force majeure: This means a cause beyond our control. We will not refund, nor will we pay compensation, if we have to cancel or change your travel and/or any accommodation arrangements in any way because of adverse weather conditions, war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire or other unforeseen circumstances that may amount to force majeure.

7. Change in booked experience / duration: The aim of DBS is for you, the rider(s) to have fun and enjoy a safe and memorable led mountain bike experience. Colin at DBS will always outline the planned route before setting out with the rider(s).  However, you fully accept that the leader can change the planned route and duration of the ride at any time due to factors that include but not limited to: adverse weather conditions, injury of rider(s), mechanical failure of bike(s) that can’t be easily fixed on the trail or if it becomes evident that a planned route is too demanding for a rider(s) skill / fitness level. 

8. Issues arising from an unconnected third party: DBS cannot be held liable for any damages, losses or inconveniences arising due to events involving travel, accommodation or any other third party arrangements you have made in support of your activity with DBS. DBS will always try to be flexible and honour your booked ride when such issues do occur but please note, that should you fail to attend the ride due to a third party issue, DBS is under no obligation to offer a refund.  

9. Insurance: Mountain-biking is an activity that involves an element of personal risk. All participants are recommended to take out adequate insurance cover. Any such policy should cover mountain-bike participation, personal items, medical expenses, the cost of repatriation in the event of illness and cancellation by you (the rider).

10. Limit of liabilities: The liability of DBS to you in any circumstances is limited to the total cost of your activity. DBS accepts no responsibility for any damage or loss to your personal possessions. DBS is not liable for any failure to carry out the contract if the failure is a) due to the actions of a participant b) due to the actions of a third party unconnected with DBS c) due to circumstances out-with our control and unforeseeable d) due to theft or damage to bicycles or injury to you which occurs as a result of cycling on or off-road; or during transit.

11. Your responsibilities: All types of sport, including cycling (that includes mountain biking) involve elements of risk and discomfort. Your booking represents acceptance of this. YOU MUST RIDE WITHIN YOUR CAPABILITIES AT ALL TIMES. If you are unsure of your capabilities, you must walk when you are not confident riding. It is a condition of participation that you always wear an approved safety helmet. We take no responsibility for damage, death or injury caused to you or by you as a result of participation. You are responsible for keeping your bike in good working order and you must notify DBS of any defects as soon as possible. If you bring your own bike, you must ensure it is in good working order before commencement of the activity. DBS reserve the right to prevent you from participating if your bike is not in good working order. In this case DBS will try to hire a bike for you. You will be responsible for the cost of this hire.

12. You agree to abide by the authority of the leader (Colin of DBS) of the group at all times. If the leader deems your behaviour to be detrimental to the welfare of the group or you, DBS may remove you from the group. DBS reserve the right to remove any person from a led mountain-bike session who is deemed to be acting in this manner and DBS will not be liable for any refund in these circumstances. You commit to attending all meeting points in good time. If you are late or fail to turn up at the stated meeting point and time, you will be liable for any costs incurred in catching up with the group. You have a contractual responsibility to act in a reasonable way for the duration of your activity. Any behaviour by you, which is in the reasonable opinion of the DBS leader or any other person in authority, disruptive or likely to adversely affect the enjoyment of other persons, will be a breach of the contract and DBS’s obligation to provide any contracted services to you will end. We take no responsibility for damage, death or injury caused to you or by you as a result of participation in mountain-bike activities.

13. Medical: You must confirm that you are fit to participate in your chosen activity and that you have informed DBS of any medical conditions affecting your participation on the ride. You must notify DBS of any specific medication and dietary requirements at the time of booking.

14. Minimum age restrictions: Colin of DBS will take direct bookings for participants aged 18 or over. Any person under the age of 18 can only be signed up by a parent or guardian. Persons under the age of 18 must ride as part of a family or adult group and be accompanied on the ride by a minimum of one other adult. If you would like someone aged under 18 to participate on a ride, please discuss your requirements directly with DBS before placing a booking.

15. Vouchers: The gift certificate is valid for 12 months from the stated date of purchase. The voucher is non-refundable and can’t be exchanged for cash in part or full. It may not be sold or transferred and no replacement for lost or stolen gift vouchers will be given.  If DBS extends the redemption date of the voucher, it will only ever offer one extension period of a duration decided by DBS and beyond this extension date your voucher will be considered to have expired and will be void. DBS will always try to redeem the voucher on one of your preferred dates but flexibility is necessary and maximum advanced notice is highly recommended to secure your preferred date for redemption of your voucher.

16. Privacy and GDPR: DBS respects your right to privacy. The following details the policy of DBS regarding the protection, privacy and management of personal information it collects.

17. DBS may use information collected from you to include the following purposes: to establish if you satisfy the terms of DBS insurance; to fulfil any contractual agreements between you and DBS; to send you details of other services which may interest you, unless you specifically opt out; to establish a valid contract with you and to process payments due under that contract; to comply with legal and regulatory requirements regarding your safety on a DBS led ride; 
    to contact you to invite you to share your experience of DBS; to share your information with emergency services should the need arise. If following your led ride with DBS you don’t wish to receive any further correspondence by text or email, you can opt out at any time by texting 07557794981 with the message ‘please remove my number and email address from all future correspondence from DBS.’ Alternatively, you can send your request to Colin Hutchison at the business correspondence address of Discovery Biking Scotland, Bloomiehall House, 62 Belmont Road, Juniper Green, Edinburgh EH14 5ED.

18. DBS will respect your personal information and ensure that any data you provide either during registration or when purchasing services will be stored securely, treated with confidentiality and processed in accordance with the UK Data Protection Act 1998, or any other relevant and updated consumer legislation that’s in place to protect you.

19. If you are at all uncertain about any aspect of DBS policies and practices, please email colin@discoverybikingscotland.com

 

WHAT IS PERSONAL INFORMATION?

1. Personal information means information whether true or not and whether recorded in a material form or not, about an individual who is either identified or reasonably identifiable. Examples include an individual's name, address, contact number, email address and social media handles.

2. To inform the risk assessment process and to provide a safe and enjoyable mountain biking experience, prior to (and / or during the day of your ride), DBS will request some personal information. Details may include, but are not limited to: Name, Age, Gender, E-mail address / Mobile / contact telephone number, Billing address (if applicable for booking), Credit card or other payment information (if applicable for booking).

3. Information collected will also include details about your health or disability, solely for the purposes of ensuring your health and safety for the mountain bike experience you book with DBS.

4. All personal information will be held and stored securely by DBS, including at its correspondence address of Bloomiehall House, 62 Belmont Road, Edinburgh EH14 5ED.

5. If you have consented during the booking process, Discovery Biking Scotland may send you appropriate information on services by email or SMS message.

6. By agreeing to supply or allowing DBS to collect the information detailed above, you agree that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

7. Any personal information (eg. name, age, medical condition(s) collected from persons, including those under the age of 18 and as part of a booking made by an adult - DBS defines ‘adult’ as 18 years + of age) will be destroyed on completion of the booked mountain bike experience. 

8. You understand and wholly accept that DBS may need to release your personal information to contact the emergency services in the event of an incident during a DBS led mountain-bike led activity or as part of a legal issue, for example, following a court request. We also may divulge similar information to a law enforcement request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, situations involving potential threats to the physical safety of any person, non-compliance with the terms of DBS, or as otherwise required by law.

9. Keeping your information secure is very important to us. All reasonable measures to protect and safeguard your data in accordance with applicable data protection law will be taken. DBS cannot guarantee that any data sent over the internet is completely and 100% secure.

10. Please be aware that all open interactive areas (such as social media channels) are accessible to all users and their contents effectively available in the public domain. DBS highly recommends that you consider carefully about your submissions.  If you choose to add content containing your personal information you do so at your own risk.

11. If adding any photos/videos to the DBS website and /or social media channels, you are granting permission for these images/videos to be used online by Colin of DBS. By submitting photos/videos to DBS social media you understand and agree that it has no obligation to reply, share or retweet your content.

 

At any time you can make a formal request to provide a copy of any information Discovery Biking Scotland holds about you. This should be done in writing to: Colin Hutchison, founder of Discovery Biking Scotland, Bloomiehall House, 62 Belmont Road, Juniper Green EH14 5ED.

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By booking a led mountain bike experience with Discovery Biking Scotland (DBS), you accept that you have read and understood all of these terms and conditions.