Risk Disclosure & Terms and Conditions
We are delighted that you have chosen to join us on an adventure! Your safety is of utmost importance, and we want to ensure you have a fantastic experience. Please read and understand our terms and conditions, as they include important information about the risks and responsibilities associated with your participation.
RISK DISCLOSURE
ACKNOWLEDGEMENT OF RISKS – NOT A WAIVER OF LEGAL RIGHTS
Mountain biking involves elements of risk, including but not limited to injury (from minor to serious), property damage, and the possibility of death. These risks may arise from terrain, weather, equipment, physical exertion, or unforeseeable events.
By participating in these activities, I acknowledge and accept that risks exist. I understand that New Zealand Mountain Biking Ltd (NZMTB) has legal responsibilities under the Health and Safety at Work Act 2015 (HSWA) and that this agreement does not remove or reduce NZMTB’s duties under New Zealand law.
I agree to contribute to my own safety by:
- Following all guide, coach, pilot, or driver instructions.
- Following posted and communicated safety rules.
- Communicating openly with staff about skill level, comfort, health, or concerns.
- Informing staff of any medical conditions or health changes.
- Ensuring my bike is in safe condition for the activity.
- Wearing a helmet at all times and other protective equipment as recommended.
- Remaining in control and within my ability at all times.
MEDICAL DISCLOSURE
I certify that:
– I am physically fit for the activity and will inform staff if my condition changes.
– I will disclose any relevant health issues or medications.
– I understand that if I choose to participate with a known medical condition, I will disclose it, and NZMTB’s duty of care still applies.
EQUIPMENT DAMAGE
I accept responsibility for damage to any NZMTB equipment caused by my misuse or negligence.
EMERGENCY CARE
In the event of an emergency, I authorise NZMTB to provide or arrange medical treatment. I understand that this does not remove NZMTB’s responsibility to take reasonable steps to manage risks and emergencies under HSWA.
INSURANCE
I understand that it is my responsibility to carry insurance that covers personal injury, cancellation, and property loss. I acknowledge that the Accident Compensation Act 2001 provides limited cover and does not prevent me from raising concerns about how the activity was managed.
PHOTOGRAPHY & PRIVACY
NZMTB may take photos or video for promotional purposes. You may request removal of any images. Your privacy rights under the Privacy Act 2020 are respected.
LIABILITY & INDEMNITY
The following does not limit NZMTB’s duties under the Health and Safety at Work Act 2015.
I agree:
– To acknowledge the inherent risks of mountain biking activities, but understand that NZMTB cannot contract out of its legal responsibilities to manage those risks.
– That this agreement does not release NZMTB from liability arising from any failure to meet its duties under New Zealand health and safety law.
– To not hold NZMTB responsible for risks that are inherent to the activity and could not reasonably be eliminated, but I understand that risks caused or contributed to by failures in risk management remain NZMTB’s responsibility.
– To be responsible for my own conduct, and for any harm I cause to third parties during the activity.
GOVERNING LAW
This agreement is governed by the laws of New Zealand. Nothing in this agreement overrides protections under the Health and Safety at Work Act 2015.
DECLARATION
I acknowledge that:
– I understand the nature and demands of the activities.
– I voluntarily participate, understanding that risks exist.
– I do not waive my legal rights under New Zealand law, including those protected under HSWA.
– NZMTB remains responsible for ensuring, so far as is reasonably practicable, the health and safety of participants.
TERMS & CONDITIONS (Trip Booking)
DEPOSITS & PAYMENTS
New Zealand Mountain Biking Travel Agreement
Multi-Day Trips
DEPOSIT
You are required to pay a non-refundable deposit of NZ$500 per person to secure your booking with New Zealand Mountain Biking Ltd. This deposit is to be paid immediately at the time of booking. The deposit is non-refundable and non-transferable to another departure date or trip. If your booking is made within 30 days of the departure date, full payment is due immediately.
TRIP BALANCE
You agree to pay the remaining balance as detailed in your booking confirmation email, including any additional items (multi-day options, single supplements, rental equipment, extra hotel bookings, etc.), no later than 60 days before the departure date. A payment reminder will be sent to you via email 14 days prior to the due date. If your booking is made within 30 days of the departure date, the full balance (including any additional items) is required within 14 days of booking.
CANCELLATION of Multi-Day Tours
In the event of cancellation by the client, the following charges will apply:
Cancellation made over 60 days prior to the departure date: NZ$500 deposit (or foreign currency equivalent).
Cancellation between 60 and 30 days of departure: 50% of the total trip fare.
Cancellation of any trip 30 days or less prior to departure: 100% of the trip fare.
Day Trips & Lessons
DEPOSIT
Full payment is required at the time of booking to secure your reservation.
TRIP BALANCE
The outstanding balance for your day trip or lesson is due no later than 7 days before the departure date. A payment reminder will be sent to your email. If booking occurs within 7 days of the departure, the full balance is required immediately.
CANCELLATION of Day Trips
For cancellations by the client:
Over 14 days before the departure date: No charge.
Between 14 and 7 days before departure: 50% of the trip fare.
7 days or less before departure: 100% of the trip fare.
Rescheduling:
Rescheduling 14 to 8 days before departure: No extra charge.
Rescheduling 7 to 48 hours prior to departure: NZ$100.
Rescheduling within 48 hours of departure: 100% of trip fare.
Payment Details
All payments should be made to New Zealand Mountain Biking Ltd. Payments are accepted in New Zealand Dollars, Canadian Dollars, US Dollars, Pounds Sterling, and Euros. Please ensure that you read the deposit and balance payment information provided in your booking confirmation email before making any payments.
CANCELLATIONS & REFUNDS
Cancellation by New Zealand Mountain Biking Ltd
New Zealand Mountain Biking Ltd may need to cancel a trip if the minimum number of participants is not reached. You will be notified 30 days before the departure date. In such cases, you may choose to:
Transfer your fare to an alternate departure date at no extra cost.
or
Opt for a full refund.
If the trip is cancelled due to events outside our control (natural disasters, political instability, etc.), refunds will be provided minus any unrecoverable costs. We are not responsible for any incidental expenses you incur due to booking (e.g., non-refundable flights or visas).
LIMITATION OF LIABILITY
We aim to deliver itineraries as described, but factors such as weather or access may require changes.
– While NZMTB will take all reasonably practicable steps to ensure participant safety, we cannot guarantee the complete elimination of risk.
– We are not liable for events outside our control (e.g., natural disasters) except where our own failure to manage known risks contributed to harm.
– We are not liable for damage to personal property unless due to proven negligence.
ACKNOWLEDGEMENT OF RISK
You acknowledge that:
– Mountain biking involves real risks, including injury and death.
– These risks cannot be entirely removed, but NZMTB must actively manage them.
– You are physically capable of participating.
– You have read and understood this document.
FINAL DECLARATION
By booking with NZMTB, you confirm that you accept the inherent risks of mountain biking, and that you understand this agreement does not remove NZMTB’s obligations under New Zealand law, including HSWA (2015).
Contact Information:
New Zealand Mountain Biking
7 Malvern Road Rotorua, 3074 New Zealand
+64 22 600 6562
info@newzealandmountainbiking.com