TERMS AND CONDITIONS GUIDED MOTORCYCLE TOURS
RESERVATION AND PAYMENT
CANCELLATION BY YOU
CANCELLATION BY US
IMAGE AND LIKENESS
DEPOSIT AND FINAL PAYMENT
HEALTH AND FITNESS
PASSPORT AND VISAS
AUTHORITY ON TOUR
CHANGES OF ARRANGEMENTS
ACCEPTANCE OF RISK
LIMITATION OF LIABILITY
RIDING YOUR OWN BIKE
TERMS & CONDITIONS
ACCEPTANCE OF TERMS
In completing and submitting the Booking Form, you agree to be bound by these conditions:
1.0 RESERVATION AND PAYMENT
A deposit of 10% of the tour cost is required to establish and hold a reservation.
1.1 The 10% deposit is due and payable no later than 30 days after completion of reservation. If you book less than 90 days prior to departure, full payment will be required immediately upon reservation. Your booking will take affect once your 10% deposit payment has cleared.
1.2 Places and bike models are limited and are allocated on a first come, first served, basis.
1.3 We reserve the right to refuse to accept a reservation due to, but not limited by, the participants health & fitness level and/or motorcycle riding experience. Should this occur payments made will be refunded.
1.4 The full balance is due and payable ninety (60) days prior to departure. Your booking may be considered cancelled should the full balance not be received by that time.
2.0 CANCELLATION BY YOU
If you wish to cancel your participation in the tour, you must notify us in writing.
2.1 If you notify us within 5 business days of booking that you desire to cancel your participation, then the 10% deposit you have paid will be refunded in full, minus any non-refundable merchant fees we may have incurred.
2.2 If you notify us after that time, but more than 60 days prior to departure, then the cancellation fee is the 10% deposit amount.
2.3 If notice is received within 60 days of departure, the full balance will be forfeited. In the circumstances we strongly recommend that you obtain trip cancellation insurance from a travel insurance company.
3.0 CANCELLATION BY US
We may cancel any tour at any time prior to departure if:
3.1 The number of participants booked does not meet the minimum requirement to operate the trip.
3.2 Due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary.
Should that occur, and we are unable to transfer you to another trip to your satisfaction, your payment will be refunded in full. 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.
In order to be able to supply services to you, we will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to our service providers to enable the services to be provided but will not be used for any other purpose.
5.0 IMAGE AND LIKENESS
You grant us the right to take photographs and videos of you in connections to your participations on a tour or expedition. You authorise us to copyright, use and publish your image and likeness in print and/or electronically for marketing purposes and the like.
Please carefully read and agree to the following terms and conditions, which form part of the contract you enter into by doing one of our tours. You must not book unless you understand and agree with the following terms and conditions.
1.0 DEPOSIT AND FINAL PAYMENT
You will be required to pay a 10% travel deposit at the time of booking. Final payment is required no later than 60 days prior to departure date. Your booking may be considered cancelled should the full balance not be received by that time.
2.0 CHANGES AND CANCELLATION FEES
Fees and extra charges will apply where a booking is changed or cancelled by you. These charges can be up to 100% of the cost of the booking, regardless of whether or not travel has commenced.
2.1. Where we incur any liability for a cancellation fee or charge for any booking which you cancel or change, you agree to indemnify us for the amount of that fee or charge. You may be liable for cancellation fees charged by airlines, hotels, sight-seeing, shipping, transfer services, vehicle hire services, and the like, amounting to all or a portion of monies paid.
2.2. If changes are made by you in relation to your passport, driver’s license (including IDP) and any other travel documents, after airfares and bike permits have been issued for a booking, we will pass on to you any re-issue charges levied by airlines, ground suppliers and customs authorities. It is your responsibility to ensure that we have all your correct documentation at least 60 days prior to departure.
2.3. No refund whatsoever is available for a cancellation after the date of commencement of the tour or expedition, or in respect of any itinerary item, fares, accommodation or any other service not utilised.
2.4. If you fail to join a tour or expedition, join it after departure, or leave it prior to its completion, for any reason whatsoever, including illness, accident or personal reasons, no refund will be made nor will we be liable to pay you any compensation for unused services or items, including, but not limited to accommodation, airport transfers, excursions and airfares.
2.5. We are not responsible for any incidental expenses that you may incur as a result of your late arrival or early departure, including, but not limited to, additional accommodation, airfares or any costs whatsoever associated with you re-joining the group.
3.0 HEALTH AND FITNESS
You are responsible for ensuring that you are fit and healthy enough to participate in your selected tour or expedition and to disclose any relevant medical conditions at the time of booking.
3.1. We reserve the right to insist on a medical certificate from your doctor stating that you have a suitable level of health and fitness.
3.2. You must ensure that you are aware of any health requirements for your travel and ensure that you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel vaccination clinic.
3.3. You agree that should you be affected by any sickness, serious injury or other unforeseen circumstances that we, and/or our tour leaders, can arrange any urgent medical treatment or emergency evacuation as deemed necessary for your safety and that all such costs will be borne by you and your travel insurer.
4.0 TRAVEL INSURANCE
Travel Insurance is compulsory for all travellers participating on a tour or expedition and should be taken out at the time of booking. We may request proof of Travel Insurance prior to commencement of the tour or expedition.
4.1. We reserve the right to cancel or suspend your participation on a tour or expedition, at any time, with no right of refund, if you are unable to provide proof of travel insurance when requested.
4.2. The travel insurance must be comprehensive and must cover accidents, injury, illness and death, medical and hospital expenses, including any related pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability.
4.3. The travel insurance must cover riders and pillions for accidents, injury and death whilst riding a motorcycle over and above 250cc capacity in foreign countries.
4.4. It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property.
4.5. You agree not to hold us responsible for any decision made by your travel insurer.
5.0 PASSPORT AND VISAS
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. BikeRoundOz accepts no responsibility for these matters or for refusal of entry into the country/countries of your destination. Any loss incurred as a result of such documents not meeting the requirements will be your sole responsibility.
6.0 AUTHORITY ON TOUR
The trip is run by the tour/ride leader, including guest or celebrity leaders when applicable.
6.1. The decisions of the tour leader will be final on all matters regarding safety and wellbeing of the participant including the motorcycle riding abilities of the participant and any change in itinerary due to unforeseen circumstances be that due to weather, local conditions, politics or various other reasons. No refund will be considered in the event of any such changes.
6.2. The tour leader retains the right to remove a participant from the tour. If the participant fails to comply with the decision made by the tour leader or interferes with the wellbeing of the group in any material way, the tour leader may order the participant to leave the tour immediately. In those circumstances the participant will receive no right of refund. Furthermore, in circumstances where the participant is removed from the tour, we accept no responsibility for the ongoing travel expenses, or any other incidental costs incurred by the participant.
7.0 CHANGE OF ARRANGEMENTS
You acknowledge that travelling requires a degree of flexibility, good humour, and an understanding that the itinerary, accommodation and vehicles may change even after commencement, without prior notice due to local circumstances. Changes may occur because of force majeure, poor road conditions, weather, vehicle breakdowns or other circumstances beyond our control or which simply cannot be foreseen.
7.1. We reserve the right to change any part, or the whole, of the arrangements contained within the website and tour dossier, should conditions or circumstances beyond our reasonable control determine such action necessary. In such cases, we will use our reasonable endeavours to provide alternatives of the same standard, quality and duration as the original itinerary. You will have the right to cancel your tour, in which case cancellation fees as outlined in the Booking Conditions and Trip Terms and Conditions will apply.
7.2. We do not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond our control. We are not responsible for any incidental expenses that you may incur as a result of changes made by us, including, but not limited to, additional accommodation, airfares or costs associated with changes to airfares.
8.0 ACCEPTANCE OF RISK
You acknowledge that the nature of the trip is adventurous, and participation involves a degree of personal risk. You acknowledge your journey will have the usual risks of travel, and the additional risks that are associated with adventure travel and motorcycling. You accept these risks and the possibility of personal injury, death, property damage or loss which may result from your decision to participate in the tour or expedition.
8.1. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater that those present in our daily lives. We use information from government 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 and the nature of your itinerary.
8.2. Motorcycling can be dangerous and traffic conditions, roads, weather and other conditions as well as the actions of other members of the trip can influence those risks.
8.3. 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 risk attendant upon such travel.
8.4. You will be required to sign a Release and Waiver Form before you can participate in a tour or expedition.
9.0 LIMITATION OF LIABILITY
To the fullest extent permitted by Law, BikeRoundOz excludes all liability for any loss or damage whatsoever (including, but not limited, to loss or damage to property of whatsoever nature, physical and psychological injury, economic loss, disappointment or inconvenience) that may arise in any way in connection with the supply of goods or services through or by BikeRoundOz or by any third party supplier.
9.1. BikeRoundOz does not accept any responsibility or liability for any acts, omissions or defaults of third-party service providers such as airlines, hotels, site seeing, shipping, transfer, vehicle hire services and the like, whether negligent or otherwise over whom we have no direct control.
9.2. BikeRoundOz will not be liable to pay the participant any compensation if the contractual obligations detailed in these terms and conditions are affected by any event which we or our suppliers could not, even with all due care and attention, foresee or avoid. These events can include, but are not limited to acts of war, threats of war, civil unrest, terrorist activity, riot, acts of government or other national or state authorities including port or river authorities, industrial disputes, border closures, natural or nuclear disasters, fire, chemical disasters, adverse weather conditions, sea, ice or river conditions or any similar events outside of our or our suppliers control.
9.3. BikeRoundOz is not responsible for participant’s personal effects if they are lost, stolen or destroyed. BikeRoundOz cannot be held liable for any such loss irrespective if personal items are being carried on the support vehicle/bike or lost during a shipment organised by us.
9.4. BikeRoundOz is not responsible for any accidents. It is agreed and understood that neither BikeRoundOz nor its agents, employees and sub-contractors, including ride leaders and support vehicle drivers, are the guardians of any customer safety and that they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the tour which might result in injury, death or other damage to the customer, his property or his family heirs or assigns.
10.0 MOTORCYCLE SUPPLY
The motorcycles are provided by BikeRoundOz and/or its agents or third-party suppliers, and the cost is included in the tour price.
10.1. BikeRoundOz will attempt to provide the trip participants with the model of motorcycle confirmed to the participant. If after having confirmed the model of motorcycle requested and prior to departure we find that it is necessary to substitute a different model, we will notify you as soon as possible. A refund for the difference in models, if any, will be refunded to you. If you do not wish to accept the proposed substitution you will have the right to cancel your tour, in which case cancellation fees as outlined in the Booking Conditions and Trip Terms and Conditions will apply.
10.2. Unexpected and uncontrollable situations may require last minute substitution of a motorcycle including after the trip has begun. This may include, but is not limited, to mechanical failure, collision, damage and theft. In this circumstance BikeRououndOz reserves the right to substitute the type of motorcycle confirmed. Should we not be able to replace a motorcycle with the confirmed type or similar a prorated refund for the difference in models, if any, will be refunded to the participant.
10.3. The motorcycle that is provided to the participant will be insured, but you will be liable for any damage excess as imposed by the motorcycle supplier for any damage to the motorcycle deemed by BikeRoundOz and/or our third-party supplier to have been your responsibility. The term ‘damage’ is to exclude reasonable wear and tear. Minor blemishes or paint chips caused by gravel, stones and insects are considered normal wear and tear however damage or scratches caused by an accident, dropping a motorcycle or riding it through bushes or off roadways is not considered normal wear and tear.
10.4. You are able to limit your exposure to the initial damage excess through the purchase of an Excess Reduction Policy (ERP). This policy operates to reduce the excess you are exposed to by payment of a daily fee for the duration of the tour. You may exercise this option at the time of booking and prior to tour commencement. Once the tour commences you will be unable to exercise this ERP option.
10.5. The participant is solely responsible for the ignition keys during the normal course of a riding day. Should they be lost or stolen due to neglect or failure to follow the tour leaders’ instructions the participant is responsible for the cost of replacement.
11.0 RIDING YOUR OWN MOTORCYCLE
On some tours or expeditions we may offer you the option to ‘bring your own’ motorcycle. You are responsible for ensuring that your motorcycle is suitable and roadworthy enough to take part in your selected tour or expedition.
11.1. BikeRoundOz reserves the right to refuse to accept the involvement of a motorcycle due to the unsuitability of the model for the terrain to be travelled and/or the lack roadworthiness of the motorcycle. This decision can be made at any time prior to the first ride day of the tour and is final.
11.2. In the event of an accident or breakdown, where the motorcycle can no longer continue on the journey, no refund will be made nor will BikeRoundOz be liable to pay you any compensation for unused services or items, including, but not limited to bike spare parts, tyres, accommodation, excursions, airport transfers and airfares.
11.3. Where shipping your motorcycle is included in the tour or expedition price, this shipping will be to the advertised start and from the advertised end point only. If you or your bike are unable to finish the tour or expedition for any reason whatsoever, including, but not limited to, illness, accident, bike breakdown or personal reasons, then the cost of repatriating your bike or transporting to the end point will be your responsibility.
11.4. BikeRoundOz is under no obligation to carry a tour participant’s motorcycle to the tour end point destination.
11.5. BikeRoundOz does not accept any responsibility or liability for any acts, omissions or defaults of any shipping company which we contract to transport your bike, whether negligent or otherwise over which we have no direct control.
11.6. BikeRoundOz will not be liable, and no compensation will be made for any damage or loss caused to the motorcycle, motorcycle parts, or any other items shipped with your motorcycle, during the shipping or port to port transit.
11.7. No refund will be paid nor will BikeRoundOz be liable to pay you any compensation for unused services or items, including, but not limited to accommodation, airport transfers and internal flights due to the late arrival of your motorcycle to the tour starting point.
11.8. BikeRoundOz is not responsible for any incidental expenses that you may incur as a result of the late arrival of your motorcycle, including, but not limited to, additional accommodation, airfares or any costs associated with you re-joining the group.
12.0 YOUR RESPONSIBILITIES AS A MOTORCYCLIST
As a rider on tour or expedition you agree to follow the safety guidelines prescribed and accept the following standards and terms.
12.1. If a participant operates a motorcycle after drinking an alcoholic beverage or using mind altering drugs the rider will incur unlimited liability for damage to the motorcycle. BikeRoundOz is not obliged to replace a motorcycle damaged by a participant in these circumstances.
12.2. Participants who intend to operate a motorcycle provided by BikeRoundOz must be at least 25 years old and must have a valid motorcycle operator licence. Participants must also attest that they have at least 2 years of experience operating a motorcycle of similar size or larger than the motorcycle that will be provided.
12.3. If the participant does not comply with local traffic laws or does not practice safe group travel practices as described by the tour leader and by guidelines provided the agreement with the rider may be cancelled and riding privileges will be suspended.
12.4. Riding privileges will be suspended from anyone under the influence of drugs or alcohol. Participants agree to refrain from alcoholic beverages until the motorcycles have been parked for the night.
13.0 GOVERNING LAW AND JURISDICTION
If any dispute arises in relation to the agreement between you and BikeRoundOz, the laws of New South Wales, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Sydney, Australia, and waive any right that you may have to object to an action being brought in those courts.
14.0 TERMS AND CONDITIONS
ACCEPTANCE OF TRIP TERMS AND CONDITIONS
I understand that I will be required to sign a Release and Waiver Form before I can participate in a Tour. I have read and accepted the terms of conditions. I am aware that motorcycling can be dangerous. I am aware that traffic conditions, roads, weather and other conditions as well as the actions of other members of the trip can influence the risks. I agree to accept those risks.
I am an experienced responsible and healthy motorcyclist with a valid motorcycle driver licence. As a passenger I am aware of the potential dangers of motorcycling.
I further agree and understand that the owners, operators and agents of this trip, including BikeRoundOz, are not the guardians of my safety. They, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation of my participation in the trip which might result in injury, death or other damage to me, my property or my family heirs or assigns.