Terms & Conditions
Last updated: August 08, 2022
Please read these terms and conditions carefully before using this service.
Track & Trail Cycle Adventures is the trading name.
We appreciate your custom and aspire to provide a friendly and safe experience. In any adventure activity, there is an element of risk involved. Risks in undertaking this activity include (but are not limited to): hypothermia, heat exhaustion, physical injury caused by the environment e.g. rock falls, and physical injury caused by self e.g. falling over.
The following terms and conditions together with the general information contained on this website (Terms and Conditions) form the basis of your contract with Track & Trail Cycle Adventures and apply to your booking. By making a booking you agree to adhere to these Terms and Conditions.
WEBSITE TERMS AND CONDITIONS
Track & Trail Cycle Adventures provides the www.trackntrail.co.nz website as a service to the public and website owners.
These are the Terms and Conditions governing the use of this website and the agreement that operates between you and Track & Trail Cycle Adventures. These Terms and Conditions set out the rights and obligations of all users regarding the use of the service.
Track & Trail Cycle Adventures is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the website. While the information contained within the site is periodically updated, no guarantee is given that the information provided on this website is correct, complete, and up-to-date.
Although the Track & Trail Cycle Adventures website may include links providing direct access to other internet resources, including websites, Track & Trail Cycle Adventures is not responsible for the accuracy or content of information contained in these sites.
CANCELLATIONS AND REFUNDS
All cancellations must be made in writing and sent to email@example.com
Cancellation fees for Kopiko, Tour of Aotearoa and Sth Isl Omnibus are charged on the following basis per person:
- Outside 90 days from the date of departure: NZ$300 per person;
- Between 89-60 days from the date of departure: 25% of full cost;
- Between 59-14 days from the date of departure: 50% of full cost; or
- Within 14 days of the date of departure: 100% of the full cost
Cancellation fees for Waikato – Timber Trail and Taupo trip are charged on the following basis per person:
- The 20% deposit is not refundable
- Invoiced at 45 days before the trip
- Between 45-30 days from the date of departure: 25% of full cost;
- Between 31-15 days from the date of departure: 50% of full cost; or
- Within 14 days of the date of departure: 100% of the full cost
- A 100% deposit is required to reserve a place
- Outside 30 days from departure 100% is refunded less a $35 admin fee.
- Between 30-15 days from the date of departure: 50% of full cost;
- Within 14 days of the date of departure: 100% of the full cost
AVAILABILITY, ERRORS AND INACCURACIES
Track & Trail Cycle Adventures cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Track & Trail Cycle Adventures reserves the right to revise its prices at any time prior to accepting an order. The prices quoted may be revised by the operator subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, higher foreign exchange costs and any other matter beyond the control of the operator.
All amounts are given in New Zealand dollars. Track & Trail Cycle Adventures accepts payment by internet bank transfer and credit card (fees apply).
EXCLUSION OF LIABILITY
All activities including those in which you have booked do carry a degree of risk and by participating in the activities provided by Track & Trail Cycle Adventures you are expressly assuming those risks personally and to the maximum extent permitted by law you release the Track & Trail Cycle Adventures and its officers and employees from any liability, claims, losses, damages (whatsoever and irrespective of whether direct, indirect or consequential) caused by any event including but not limited to:
- Personal injury or death;
- Property loss or damage;
- Acts that may be construed as negligent or accidental;
- Extreme weather events, flooding, slips or earthquake;
- Any other loss, damage, suffering, emotional or nervous disorder.
The staff and management of Track & Trail Cycle Adventures take all practicable steps to identify and minimise potential dangers. The Track & Trail Cycle Adventures makes all arrangements on the condition that it shall not be liable for any; sickness, injury, damage, loss, accident, delay or irregularity which may be occasioned, either directly or indirectly, by reason of any defect in any vehicle, vessel or aircraft, by weather, by any other cause, or through acts of default of a company or person engaged in conveying the passengers, or in carrying out arrangements for these activities.
Although we have public liability insurance, we strongly recommend that you arrange adequate personal insurance coverage for activities, accidents, the equipment you bring and your travel arrangements.
In participating in the activity, the participant (and their successors, executors and administrators) agrees to be bound by the following conditions:
- all participants agree not to commence any litigation proceedings in any country in relation to the risks and liabilities set out above and to indemnify Track & Trail Cycle Adventures against any claims;
- all participants confirm and warrant they are physically fit and suffer no medical conditions, which may affect their ability to participate in the activity;
- all participants confirm they are aware that professional medical assistance may be difficult and/or take some time to access due to the remote areas in which we are travelling and that the safety of the group may be prioritised over their evacuation if required;
- all participants consent to receiving medical treatment in the case of injury, accident or illness during the activity and to indemnify Track & Trail Cycle Adventures against any claims, costs or expenses in respect of the treatment;
- all participants who film, or record sound or video taken during the activity agree that it will not be used in any production, or advertising without the prior consent of Track & Trail Cycle Adventures, however, Track & Trail Cycle Adventures may use such recordings itself at its complete discretion without any prior approval; and
- all participants agree to listen to their driver/guide/facilitator and follow their instructions and make sure any children in their care do the same.
Furthermore, Track & Trail Cycle Adventures will not be responsible for any personal injury and/or property damage caused by you and any costs for such injury or damage will be your responsibility. You shall indemnify Track & Trail Cycle Adventures in relation to such costs.
ROUTE CHANGES, POSTPONEMENTS, CANCELLATIONS OR DELAY
Track & Trail Cycle Adventures reserves the right, either before or during a tour, 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, at the absolute discretion of Track & Trail Cycle Adventures, it is necessary to do so due to inclement weather, snow or icy conditions or circumstances that are known to us and 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 Track & Trail Cycle Adventures, 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 (accommodation provider or vehicle hire) prevents the tour or the aspect of the tour being undertaken in accordance with your booking or
- for any other reason considered necessary by Track & Trail Cycle Adventures.
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.
HIRE EBIKE DAMAGE & THEFT
Your bike may be hired directly from Track and Trail Cycle Adventures or from a local ebike hire company in Rotorua. Charges apply where you leave the bike unattended and it is stolen or damaged. Generally the hirer will ask for full replacement value of the bike. This can be costly and you are advise to stay with your ebike at all times.
When the bike is in transit, as on the cycle trailer, it’s a responsibility of the operator (Track & Trail) and they will take responsibility for securing the bike with cables and locks.
In the event that you damage your bike while riding if the damage exceeds $50 you may be asked to pay for the repairs. If the repair is required as a result of wear and tear that is exempt.
With the increasing impact of climate change, extreme weather events may occur more frequently and disrupt planned trip departures, routes, itineraries and events.
- Frequency and Monitoring of Extreme Weather Events: Please note that extreme weather events may occur more frequently due to climate change. We are committed to monitoring weather forecasts and conditions closely to ensure the safety of our participants and staff.
- Definition of Extreme Weather: This clause exclusively applies to extreme weather conditions as defined by the New Zealand Meteorology service. Extreme weather, for the purposes of this clause, pertains specifically to gale force winds, heavy rain watches, and cyclones. It does not relate to ordinary inclement weather such as strong winds and/or showers and passing fronts that are common in New Zealand.
- Cancellation Due to Very Bad Weather: In the event of extreme weather conditions being forecasted or occurring, we reserve the right to cancel a trip either before departure or during the trip. Safety is our top consideration.
- Consider Travel Insurance: We strongly recommend that guests consider purchasing travel insurance that covers adverse weather-related costs and arising contingencies. This can provide financial protection in case of weather-related disruptions.
In the event of a weather-related cancellation, we may offer one or more of the following options:
- Stay in Place: if a tour is underway, we may opt to stay in place for 1-2 days as the adverse weather passes. This is to ensure your safety and comfort and have time to check the state of roads and trails.
- Postpone the Trip: We can work with the group to postpone the trip to another date that suits everyone.
- Partial Refund: We may offer a partial refund of the trip cost based on the refunds we receive from accommodation, vehicle hire, and hospitality businesses involved in the tour, if forthcoming.
- Future Discounts: If guests incur losses due to weather-related cancellations, we may offer discounts on future trips as a gesture of goodwill.
HEALTH & SAFETY
It is your responsibility when booking to ensure that you and members of your group are fit enough to cope with the activity and the environment associated with your booking.
Clients must inform us prior to the event of any medical condition, illness, disability (including medication that may affect their performance) so we can discuss your needs and make appropriate arrangements.
All clients should inform their guide immediately if they feel unwell during the activity. Clients must adhere to the instructions, guidance and decisions of our staff as they have specialist knowledge & skills and are committed to keeping you safe.
Alcohol or illicit drug use is not permitted prior or during activities. Clients must show respect to equipment, vehicles, buildings, other clients, and staff – abuse or causing distress to others or loss or damage due to negligence will result in repair and full replacement costs. This may also lead to exclusion from activities, accommodation, transport without refund.
We can sometimes accommodate guests with specialty diets however we need as much advance notice as possible. If we don’t receive adequate advanced notice, we may not be able to fully cater for dietary needs as we operate in very isolated regions and it is not always possible to access specialty foods. Please ensure you advise us as early as possible if you have any special dietary requirements.
This website and all component parts, including these Terms and Conditions, are governed exclusively by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the Courts of New Zealand
CHANGES TO TERMS AND CONDITIONS
Track & Trail Cycle Adventures reserves the right to change these Terms and Conditions at any time without notifying customers. Any future bookings made will be made subject to the Terms and Conditions which apply at the time a booking is made and you are advised to read all the Terms and Conditions carefully prior to making a new booking.