Risk Disclosure & Terms and Conditions
We are very delighted that you have chosen to come mountain biking with us. Safety is of upmost importance to us so that you have a great time and go home in one piece!
Please read our terms carefully so that you are completely aware of all possible outcomes.
Terms & Conditions.
DEPOSIT: You are required to pay a non-refundable deposit of NZ$500 per person to secure your booking with NEW ZEALAND MOUNTAIN BIKING. You acknowledge that the deposit is to be paid immediately at the time of booking to secure your place. Your 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 then full payment is due immediately.
TRIP BALANCE: You agree to pay the outstanding balance as detailed on your booking information email of the trip(s) fare(s) plus any additional items (multi-day options, single supplements, rental equipment, extra hotel bookings, etc.) no later than 60-days prior to the departure date of the trip. You’ll receive a payment reminder by email 14- days before the due date. If you book your trip within 30-days of the departure date the full balance (including any additional items) is required within 14-days of the booking date.
PAYMENTS: All payments should be made to New Zealand Mountain Biking Ltd. We accept payment in New Zealand Dollars, Canadian Dollars, US Dollars, Pounds Sterling and EURO. You agree to read the deposit and balance payment information section of your booking information email before making your payment.
CANCELLATION: In the event you need to cancel your trip, the following cancellation charges will apply:
o Cancellation made over 60-days prior to departure date – NZ$500 deposit (or foreign currency equivalent).
o Cancellation between 60 and 30 days of departure date – 50% of total trip fare
o Cancellation of any trip 30 days or less prior to departure date – 100% of trip fare.
o Cancellation of any lesson 14 days or less prior to departure date – 100% of lesson fare.
CANCELLATION BY NEW ZEALAND MOUNTAIN BIKING: We occasionally may have to cancel any trip at any time up to 30-days before departure if the minimum numbers required to operate the trip are not reached. Please enquire at the time of booking as to whether your trip is confirmed to depart. If we cancel your trip due to minimum numbers, you can transfer the fare to an alternate departure date for no additional fee or alternatively opt for a full refund. In circumstances where the cancellation is due to events outside our control, such as natural disasters, terrorism, pandemic or political instability, and we are unable to operate the trip as planned; refunds will be less any unrecoverable costs. New Zealand Mountain Biking 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.TRAVEL INSURANCE: It’s a requirement of travelling with New Zealand Mountain Biking that you obtain full travel insurance cover at the time of booking your trip. You’re required to have cover that includes trip cancellation insurance, full medical cover and emergency repatriation. We also strongly recommend insuring against any other travel mishap such as flight cancellations or delays, loss of luggage and personal effects, theft or trip interruption, at the time of booking. Travel insurance can be obtained through your travel agent, or from online brokers such as www.travelguard.com. Please contact us for any further advice.
TRAVEL AGREEMENT: You agree that you’re willing to participate in an adventure trip and are physically prepared to take part in the activities described in the itinerary. You understand you’re undertaking a trip of a physical nature. You understand that the trip may not follow the exact printed itinerary if circumstances don’t allow, although New Zealand Mountain Biking are committed to doing everything they can to keep your trip running as close to the scheduled itinerary as possible. It is at the complete discretion of the Lead Guide to cancel any activity at any moment if there are concerns for the safety of the group or individual. There will be no refunds for activities or trip parts missed for this reason.
LIMITATION OF LIABILITY
New Zealand Mountain Biking are occasionally required to make changes to itineraries and activities if necessary due to severe weather or other unpredictable events, or in order to improve the trip. We are committed to running trips as close to the scheduled itinerary as possible and we will go to extraordinary lengths to keep trips running as planned if affected adversely by weather or other events outside of our control. If itinerary changes are made before your trip, you’ll be notified by email to your supplied email address.
New Zealand Mountain Biking undertake to provide travel services as outlined in the trip itinerary(s) subject to its absolute discretion to alter any part of the itinerary and activities included therein. You acknowledge that New Zealand Mountain Biking is the tour operator and you have no contract or agreement with any other person or company.
New Zealand Mountain Biking assumes no responsibility or liability for any delay, mishap, inconvenience, expense, injury or death, theft of personal property or documents, or damage to property occasioned through acts of God, detention, weather, war, quarantines, strikes, civil disturbances, or the negligence or default of any individual or company in providing the services associated with a New Zealand Mountain Biking trip. Adventure travel is by nature unpredictable. New Zealand Mountain Biking reserves the right to alter any part of the itinerary at its absolute discretion. We will send you a travel agreement specific to your booking at the time of booking.
New Zealand Mountain Biking reserves the right to use photographic images of clients for publicity purposes only. This may include, but is not limited to, the display of images in brochures, exhibition booths, websites, and so on.
Waiver of liability and responsibility
WAIVER OF LIABILITY AND RESPONSIBILITY
New Zealand Mountain Biking Ltd provides a range of services to its clients which may expose them to risk of injury. We require all clients to READ, UNDERSTAND, and ACCEPT the following document outlining the terms on which we provide those services, the risks involved, and the legal limitations under which we provide them. We cannot and will not provide our services without your acceptance of these terms and conditions.
1. Mountain biking by its nature has an element of risk of injury (from minor to catastrophic), damage to property, and even a possibility of death. You accept that it is neither possible not desirable to completely eliminate this risk, regardless of the care taken to manage it. You are voluntarily participating in these activities with knowledge of the danger involved, and agree to assume any and all of these risks. These activities may include bike rentals, coaching, guided tours, shuttling, transfers, or other activities.
2. As such, by participating in a mountain biking activity YOU EXPLICITLY ACKNOWLEDGE and ACCEPT that this is NOT a risk free activity, and you acknowledge that participation will include performing mountain biking skills and techniques such as cornering, braking, jumping and other physically strenuous movements required to control a mountain bike, and that you will be undertaking these actions on a variety of surfaces including trails, roads, and man-made and natural trail features, and that any of these factors may further increase risks.
3. RISK MANAGEMENT: In order to reduce and manage risk of injury you commit to the following:
A. Follow the coach/guide/driver instructions at all times.
B. Follow all posted and/announced safety rules and all rules common to mountain biking.
C. Communicate with the coach/guide/driver: your current skill level, your comfort level throughout the course, your fears and concerns, your doubts over any step of the progression process, any reluctance you may have about progressing another step during the course.
D. Inform the coach/guide/driver of any pre-existing medical conditions or health issues before commencing the course, plus advise the coach of any change in your health status during the course. This includes any impairment by drugs, alcohol or fatigue.
E. Taking responsibility for having your bicycle in a condition to safely undertake the activity.
F. Wearing appropriate safety equipment throughout the course, including a helmet at all times, and acknowledge that you have been advised that wearing knee pads, elbow pads, gloves, and a full-face helmet could reduce risk or severity of injury.
G. Remain in control and within your ability level. You understand you must ride in a manner to be able to avoid other people or objects at all times.
4.MEDICAL HISTORY: You certify that: a) You possess a sufficient degree of physical fitness and health to safely participate in the coaching program/guided tour/mountain bike ride offered by New Zealand Mountain Biking Ltd, b) You understand that you are to inform the coach/guide/driver and discontinue the activity that you feel undue discomfort or stress or diminished medical or health condition, c) If you know or suspect that your physical condition may not be compatible with these activities you will seek medical advice before undertaking them, c) you will indicate in writing below on this form any medical or health issues that might affect your ability to safely participate in this course, you also confirm that you accept the additional risks of participating in the activity with these conditions.
5. DAMAGE TO EQUIPMENT: You acknowledge that you are responsible financially for damage to equipment borrowed or rented from New Zealand Mountain Biking Ltd, including damage to vehicles or other assets caused by you.
6. EMERGENCY MEDICAL CARE: In the event of a medical emergency, you authorise and give your consent and permission to New Zealand Mountain Biking Ltd to provide any and all medical assistance, including but not limited to first aid, arranging treatment by medical personnel, physicians, nurses, or paramedics, and to authorize any emergency medical treatment. You further understand that in the event of a medical emergency YOU WILL BE FINANCIALLY RESPONSIBLE FOR ANY EXPENSES INCURRED.
7. INSURANCE: I understand that I am solely responsible for any medical, health or personal injury costs relating to my participation in New Zealand Mountain Biking Ltd’s programs. You acknowledge that you have been recommended to check that you have medical coverage for the activities you are undertaking as coverage of treatment under the Accident Compensation Act 2001 cannot be guaranteed.
8. IMPLICATIONS OF s 317(1) of the Accident Compensation Act 2001 (ACA) of New Zealand. The purpose of the accident compensation scheme in New Zealand is to abolish claims for personal damages in exchange for a social contract by which those who suffer personal injury receive a set of community-funded entitlements but in exchange they must relinquish their entitlement to sue for damages in respect of their injury. By this means the economic consequences of injury are spread across the community irrespective of where fault may lie. In simple terms this means that individuals who suffer accidents in New Zealand are legally precluded from pursuing claims for compensation for personal injury that occur in New Zealand.
9. YOU ACKNOWLEDGE that New Zealand Mountain Biking Ltd may take photos or videos of events, activities, clinics or coaching sessions you participate in, and you give permission to use any and all such material for marketing, advertising, website, social media or other purposes. We respect NZ privacy laws and any images posted online will be removed by request.
10. You agree as follows:
To undertake this activity at your own risk & assume all risk of personal injury & property loss or damage.
To waive any and all claims that you have or may in the future have against New Zealand Mountain Biking Ltd and its directors, officers, employees, instructors, guides, agents, representatives, volunteers, sponsors, independent contractors, subcontractors, successors and assigns and to release New Zealand Mountain Biking Ltd from any liability for any loss, damages, expense or injury including death that you may suffer or that your next of kin may suffer resulting from either your use or your presence at a New Zealand Mountain Biking Ltd course, or travel to or from such course.
To hold harmless and indemnify New Zealand Mountain Biking Ltd from any and all liability for any damage to property of, or personal injury to, any third party resulting from your use of, or presence at, a New Zealand Mountain Biking Ltd course, or travel to or from such course.
This agreement shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity.
This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of New Zealand and no other jurisdiction
DECLARATION: When booking your trip, you are agreeing to the terms and conditions stated in these pages. You acknowledge that there are certain risks and dangers inherent in a trip of this nature. These risks include, but are not limited to, biking over rocky and mountainous terrain, participating in adventure activities, participating in sports involving narrow trails, water, aviation, and/or the possibility of accident or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities. You are voluntarily participating in this New Zealand Mountain Biking trip with knowledge of the dangers involved and hereby agree to assume all and any risks, including injury and death. You therefore release and discharge New Zealand Mountain Biking and its owners, employees and business partners from liability for bodily injury, death, property damage or theft, and any of the consequences thereof, arising from my participation in the trip. You enter into this release of liability on behalf of yourself, and those members of your family who are under 18. You certify that you are the parent or guardian of any such minors.
If there are any questions regarding the terms and conditions stated on this page or this risk disclosure you may contact us using the information below.
New Zealand Mountain Biking
7 Malvern Road
+64 22 600 6562