Please read carefully these terms and conditions of contract.
In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Tasmania MTB Tours (TMT) and or Epic MTB Tours (EMT), trading as businesses of Remote Outback Cycle Tours Pty Ltd ACN 154 771 678 and you. No variation of these conditions will be effective unless in writing and signed by a person so authorised by TMT/EMT. In these terms and conditions reference to “TMT/EMT representatives” means tour leaders and staff and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in Australia, or any of them.
- (1) How to Book – To reserve your place on one of the tours or shuttles, you need to complete the online booking form via our website or at your nearest travel agent together with full payment. For all tours and shuttles full payment is required at time of booking.
- (2) Prices – The prices quoted on our websites (https://tasmtbtours.com.au & https://epicmtbtours.com.au) are GST (Good and Services Tax) inclusive and represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the payment date, a small group surcharge will be offered to ensure the trips operation. Refer to the trip essential information for all tour inclusions and exclusions. Once you have paid a deposit for your trip any subsequent discounts or price reductions that are advertised may not be retrospectively applied. TMT/EMT tries its utmost not to increase tour prices, however, sometimes increases are outside its control. TMT/EMT reserves the right to amend tour prices at any time. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services, increased fuel costs, airfares, airport charges, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date.
- (3) Payment – Prices are quoted in (AUD) Australian dollars unless otherwise specified and all payments must be made in (AUD) Australian dollars. If payment of the tour price is not received by TMT/EMT within 2 weeks of making the booking you will be taken as having cancelled the tour and cancellation charges in accordance with condition 5 will apply. Payment can be made via credit/debit card (subject to a booking fee) or contact us for payment via bank transfer.
- (4) Amendments/Transfers – (Amendments): If you wish to make amendments to your tour arrangements, you must notify TMT/EMT in writing via email. Each amendment to your tour arrangements will incur a $50 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment. All administration fees must be paid before departure. – (Transfers): If you wish to transfer from one tour to another, you must notify TMT/EMT in writing via email. Once we receive your notice the transfer will take effect subject to the following. Transfers may only be made to another tour to commence within 12 months of your original departure date and the following transfer charges will apply: If your notice is received more than 30 days prior to your original departure date, a $100 transfer fee will apply or If your notice is received within 30 days prior to your original departure date 100% of your tour price will be forfeited.
Note: Any requested amendment to tour arrangements or transfer from one tour to another is subject to availability and the agreement in writing of TMT/EMT, however, the transfer of a trip from one person to another is not permitted.
- (5) Cancellations by You – (Tours): If you wish to cancel your tour booking, you must notify (TMT/EMT) in writing to email@example.com or firstname.lastname@example.org. Once we receive your notice, cancellation will take effect on the received date subject to the following: If cancellation takes place more than 30 days prior to your departure date, A 20% cancellation fee will be forfeited. If cancellation takes place less than 30 days prior to your departure date, 100% of the tour price will be forfeited. Variations to the conditions outlined in clauses 3, 4 and 5 may apply. The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amounts forfeited or unpaid may be recovered from you by (TMT/EMT) as a debt due and payable. – (Shuttles): If you wish to cancel your shuttle booking, please notify Tasmania MTB Tours via email to email@example.com Once Tasmania MTB Tours receives your notice, cancellation will take effect on that received date subject to the following: If cancellation takes place more than 24 hours prior to your departure date, A 20% cancellation fee will be forfeited. If cancellation takes place less than 24 hours prior to your departure date, 100% of the shuttle price will be forfeited. Cancellation by Us – If (TMT/EMT) cancels your booking, you will receive a full refund of the tour/shuttle price paid or you are simply able to rebook onto an alternative departure date
- (6) Health & Fitness Requirements – You must be in good health and physical condition and are strongly advised to follow a pre departure fitness training schedule, where necessary. On some of our tours you be required to submit a medical questionnaire completed by you or your doctor as proof that you are fit enough to participate in the tour. If you have booked a tour with fitness grades 1-3, the only time that a medical questionnaire will be required by your doctor is where you have a pre-existing medical condition or are over 70 years of age. This will be sent to you upon booking and you will be required to return the form completed and signed 30 days prior to departure. If you have booked for a tour with a fitness grade of 4, you will be sent a medical form upon booking and can complete this yourself and return to us 60 days prior to departure, unless you have a pre-existing medical condition or are over 70 years of age in which case you must have your doctor complete and sign it. If you suffer from severe muscular, chest heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Tours may take place in remote and or isolated areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility. TMT/EMT reserves the right in its absolute discretion to refuse a participant the right to participate in a tour on medical or fitness grounds. Medical Disclosure – You declare and warrant that, you are in good health and mental and physical fitness at the time of booking this tour; you have disclosed to us every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to our decision to permit you to go on the adventure tour; additionally, that pre-existing medical conditions are disclosed to your travel insurer and cover sought; immediately upon any adverse change in your health or fitness that may be likely to affect our decision to permit you to go on the adventure tour, you will notify us in writing of any such adverse change; TMT/EMT are permitted to disclose medical information to our consultant doctor. TMT/EMT consultant doctor may exclude you from a tour if he/she deems it necessary. You acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour; You have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to; You have taken out a travel insurance policy that adequately covers you for medical eventualities and or pre-existing medical conditions. If you fail to comply with the duty of disclosure in this condition and if we would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this condition, we will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss incurred by you.
- (7) Tour Leaders – TMT/EMT tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, he/she may exclude you from the tour. In this event, you will be offered the option of taking another tour considered suitable for you or a full refund. If for any reason during a tour the tour leader considers you should not participate further due to you committing an illegal act, or in the opinion of the tour leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health (mental and/or physical) is questioned, he or she may direct you not to continue and you must follow the tour leader’s instructions. Due to the format of many trips it is not always possible to allow passengers to sit out or miss days/sections of the tour. Passengers are not permitted be left unaccompanied in campsites. If you are not able to complete all the sections of the tour you may be asked by your tour leader to discontinue the tour and you must follow this instruction. In this case you will not be entitled to any refund. TMT/EMT reserves the right to change, at any time, the tour leader of any tour. If that happens, we will try to ensure that the alternative tour leader has expertise commensurate with that of the original tour leader. Any such change by us will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.
- (8) Complaints – If during the course of your trip you have a problem, please bring this to the immediate attention of the tour leader. If your complaint is not resolved to your satisfaction, please contact our customer support centre or your travel consultant by email or phone and we will endeavour to assist you. If your complaint cannot be resolved locally, please follow this up in writing within 30 days of your return home by writing to our Operations Department at our office. Please keep your letter concise and to the point in order for us to quickly identify your concerns and liaise with the relevant parties to respond to you as soon as possible.
- (9) Minimum Tour Numbers – Cancellation due to minimum tour booking numbers. TMT/EMT reserves the right to cancel any tour prior to departure in the event that there are too few people booked on a tour in which case you will be given a full refund of the tour price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
- (10) Route changes, Postponement, Cancellation or Delay – TMT/EMT reserves the right to: cancel or modify any routes within the tour or objectives set out in the itinerary; or substitute different or equivalent routes within the tour in place of cancelled or modified routes, or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of TMT/EMT, it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of TMT/EMT, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by us. In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay. TMT/EMT also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 applies as if you had transferred or cancelled the tour at the date that TMT/EMT cancelled the tour due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances.
- (11) Itineraries and Brochures – Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by TMT/EMT. The information contained in our brochures, itineraries, and internet sites are, to the best of our belief, correct at the date of publishing.
- (12) Travel Insurance – Personal travel insurance is not included in the tour price. It is a condition of booking a tour with us, and your responsibility to ensure that you are adequately insured for the full duration of the tour in respect of illness, injury, pre-existing medical conditions, death, loss of baggage and personal items and cancellation and curtailment. You may be asked to provide evidence to TMT/EMT that you have obtained personal travel insurance. You must ensure that your personal travel insurance covers all of the activities you expect to participate in.
- (13) Correct Travel Documents – Or information required to travel for international guests. It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation (i.e., visas) or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return home to your home country.
- (14) Airlines and other Transport Providers – Any material published by TMT/EMT, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. In the event that an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by us. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.
- (15) Force Majeure – If TMT/EMT is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside our reasonable control, TMT/EMT will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 10.
- (16) Assumption of Risk – You acknowledge and agree that: by the very nature of adventure travel and mountain biking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional cycling holidays and involve potential exposure to injury and possibly death; the additional dangers and risks associated with adventure travel and mountain biking may include difficult and dangerous uneven terrain; high speed; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; the enjoyment and excitement of adventure travel and mountain biking is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.
- (17) No Liability – You acknowledge and agree that: where TMT/EMT acts as a booking agent for third-party tour operators it accepts no liability for the acts or omissions of those third-party tour operators and does not authorise any suppliers including hotel management to promise refunds on our behalf; and operational control of the tour may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against TMT/EMT; and TMT/EMT will not be liable for any breach of any law by any person with whom you travel on the tour; you may not rely on any representations concerning the tour made by TMT/EMT which are not contained in these conditions.
- (18) Release and Discharge from all Claims – To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all TMT/EMT representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of TMT/EMT representatives, or in connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by TMT/EMT representatives in arranging such optional activities will not render the TMT/EMT representatives liable to you in any way.
- (19) Australian Consumer Law – Under the Australian Consumer Law, statutory guarantees apply to the supply of recreational services of the kind offered by these terms and conditions. “Recreational services” is defined as including activities that involve a significant degree of physical exertion or risk undertaken for the purposes of recreation, enjoyment or leisure. These guarantees mean that TMT/EMT, as the supplier, is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are fit for their intended purpose. Under the Australian Consumer Law, TMT/EMT, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. If you sign this form you will be agreeing that your rights under this agreement, if you are killed or injured because the services provided were not rendered in accordance with these statutory guarantees, are excluded, restricted or modified in the way set out in this condition. To the extent permitted by law, you hereby exclude, release and forever discharge all TMT/EMT representatives from all liability for any and all claims, loss, damage, cost or expense arising from your death or your suffering physical or mental injury or any other condition, occurrence, activity, form of behaviour, course of conduct or state of affairs as specified in section 139A of the Competition and Consumer Act 2010 (except in the case of liability arising from the reckless conduct on the part of the TMT/EMT representatives) and connected with your participation in the recreational services which comprise the tour.
- (21) Images – By agreeing to these terms and conditions you certify that your image may be used without charge by TMT/EMT for promotional purposes including but not limited to the website, printed promotional items and promotional presentations, unless you notify us in writing that you do not wish to have your image to be used for these purposes.
- (22) Severance of conditions – If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions; however, the remainder of the conditions are not altered.
- (23) Jurisdiction – This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of: Tasmania, in the case the booking is made in the state of Tasmania, or Tasmania, in the case the booking is made elsewhere in Australia or overseas.
Starlight Children’s Foundation
Assumption of Risk and Waiver of Liability
I hereby release and forever discharge each of the Organisers, its officers, employees, volunteers, agents, contractors and sponsors, from any and all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever, which I, my executors or administrators or any other person has or might assert against any of them arising from, in relation to, incidental to or by virtue of any injury, loss or damage suffered or sustained by me in connection with my participation in the Event.
I hereby indemnify and hold harmless, and shall keep indemnified and held harmless, each of the Organiser, its officers, agents, contractor and sponsors from and against all claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever arising from, in relation to or by virtue of:-
(a) Any injury, loss or damage sustained by me;
(b) Any injury, loss or damage suffered by any other person as a result of any act, omission, neglect or default upon my part, in connection with my participation in the Event or at any time I am near the event.
I further acknowledge that I engage in the Event at my own risk and that cycling can be considered a dangerous sport which can result in injury out of an act or omission of a rider, other riders, other vehicles, spectators and other obstacles and track and road conditions and whilst all reasonable care is taken by organisers and officials when organising the Event, I acknowledge that I as a participant have an equal responsibility to ensure that I take all reasonable care in adhering to the rules and other conditions posed by the Organisers and road rules to ensure a safe riding environment for all concerns.