T&C's (BIKE TOURS)

BEYOND BYRON E BIKES (BBEB)

TERMS AND CONDITIONS

  1. GENERAL
    • Beyond Byron Experiences Pty Ltd (ACN 637 514 115) trading as Beyond Byron E-Bikes is referred to herein as “BBEB”.
    • BBEB owns and makes available electric mountain bikes for hire and tours, (herein referred to as “Bike”) and biking equipment such as cycling helmets, hi viz jackets, hand pumps, inner tubes, multi-tools, backpacks and other gear (herein referred to as “Equipment”).
    • BBEB provides tour services and self-guided tour goods and services to the public.
    • Goods and Services
      • The Rider wishes to hire a BBEB bike and associated equipment from BBEBT and BBEB agrees to rent a BBEB E-Bike to the Rider on the terms and conditions set out herein.
      • The Rider may also wish to participate in a self-guided tour utilizing services provided by BBEB and BBEB agrees to provide those self-guided tour services on the terms and conditions set out herein.
      • The Rider may also wish to participate in a guided tour utilizing services offered by BBEB and BBEB agrees to provide those guided tour services on the terms and conditions set out herein.
      • The goods and services set out above are together referred to in this agreement as the Goods and Services and reference to the Goods and Services refers to each one and any combination of them.
    • For the purposes of this Agreement, the goods or services to be provided by BBEB are determined by the Rider undertaking a booking procedure with BBEB and any booking of the Rider expressly forms a part of this Agreement.
    • For the purposes of this Agreement the goods and services are provided by BBEB on the condition that the Rider electronically executes a Waiver of BBEB liability and the terms of such Waiver form part of this Agreement.
    • The Rider agrees to pay to BBEB all advertised fees and charges for BBEB’s goods and services and the Rider’s timely payment of all BBEB fees and charges hereby constitute a term of this agreement.

 

  1. Rider Obligations
    • While using BBEB goods and services the Rider must follow all local traffic rules and regulations and BBEB is under no obligation to inform the Rider of those rules and regulations.
    • The Rider agrees to operate, maintain and secure the bike and equipment reasonably and not exceed the inherent limitations of the hired bike and equipment.
    • The Rider agrees to participate in any tour (whether self-guided or guided) reasonably and assumes full responsibility for their own conduct while participating in any tour.
    • The Rider must be in a fit state to use or participate in BBEB goods and services at the time of commencing their use or participation in BBEB goods and services and throughout their use or participation and must not be under the influence of any alcohol or drugs besides those prescribed by a treating medical or psychiatric practitioner.
    • The Rider assumes full responsibility for their own decisions as to the use or participation in BBEB goods or services including their use of the Bike, their assessment of any health concerns and any decision to seek medical advice or care, their decision as to what route to travel on, their decisions while on any guided tour or any self-guided tour, their decisions as to what personal items to bring or not to bring while using BBEB goods and services, and any other material matter.
    • The Rider agrees to follow any reasonable direction of BBEB given during their use of or participation in any BBEB good or service while acknowledging that they assume all liability for their own decisions throughout their use or participation.
    • The Rider is responsible for their conduct while using or participating in BBEB goods or services and agrees to observe the ‘leave no trace’ policy of BBEB and agrees to cause no harm to any BBEB staff or any fellow participant throughout their use or participation.
    • In order to assist the Rider BBEB may provide some guidance on local traffic rules and regulations but any guidance provided does not constitute a complete or accurate representation as to what local traffic rules and regulations are in place at that time.
    • BBEB may give the Rider reasonable direction or conditions of participation and the Rider agrees to comply with any direction or condition issued BBEB or its staff, agents or personnel.
    • BBEB only offers goods and services to people over the age of 16 years and by contracting with BBEBT the Rider is representing to BBEB that they are over 16 years old and BBEBT reserves the right to inspect formal identification of all Riders.
    • Riders between the ages of 16 and 18 years of age must be accompanied by a parent or guardian with a maximum of two riders under 18 per parent or guardian.
    • The Rider agrees to wear footwear that covers their entire foot and to use all BBEB supplied equipment including any helmet and eye protection while using BBEB goods and services.
    • The Rider agrees that the terms and conditions set out herein are fair and reasonable to enable BBEB to provide the goods and services.
    • BBEB has the right to cancel the Rider’s service at any time at its sole discretion and may retain any payments made by you for that service without providing the service. in the event that it forms the view that the Rider’s use or participation in BBEB’s goods or services constitutes a risk to any BBEB personnel, any other person, or the Rider, but has no obligation to do so.
    • The Rider hereby indemnifies BBEB for all loss and damage caused by any action or omission of the Rider or which flows from the Rider’s use of or participation in BBEB goods and services without limitation and authorizes BBEB to charge to the Rider’s credit card or invoice the Rider for any reasonable damage to, costs or losses of BBEB or any of its assets resulting from the Rider’s use of or participation in any BBEB goods or services and any failure to pay any invoice or make any credit card payment will give rise to interest of 10% per annum.
    • The Rider agrees that BBEB refers to all staff, agents, representatives and personnel of BBEB.

 

  1. LIABILITY AND INDEMNITY
    • BBEB does not represent or promise that BBEB goods and services or their use or participation in them are without risk or are safe to use by the Rider or any other person.
    • BBEB provide no warranties express or implied that its goods and services or their use or participation in them are without risk or are safe to use by the Rider or any other person, and the goods and services is accepted by the Rider on an “as inspected” basis.
    • BBEB has no obligations whatsoever to ensure that BBEB goods and services are safe for the Rider to use or participate in or do not give rise to health risks of the Rider and has no obligations whatsoever to ensure the fitness of the Rider to use or participate in BBEB goods and services.
    • The Rider acknowledges that injury both short-term and long-term, mental harm, permanent disability, death, economic and financial losses , and other forms of non-economic loss can occur through the use of BBEB goods and services and the Rider agrees to hold BBEB harmless for any and all loss or damage to the Rider of any kind including breach of any duty to the rider howsoever arising and including negligence or reckless conduct by BBEB or foreseeable loss of any kind to the Rider and/or any asset of the Rider that may flow from the Rider’s use of BBEB goods and services.
    • The Rider accepts all risks associated with use of or participation in BBEB goods and services and forever waives the right to enforce any action against BBEB (or any of its employees, agents, representatives or personnel) for any loss or damage occasioned by the Rider’s use of BBEB goods or participation in BBEB services including in relation to facts not known at the time of entering into this agreement and forever discharges BBEB from any duty to the Rider howsoever arising.
    • The customer agrees that BBEB’s liability pursuant to this agreement is limited to:
    • Reasonable efforts to assist the customer in relation to any injury or loss flowing from BBEB’s services;
    • Resupply of services that fall below the standard set in this agreement; or
    • A refund of the monies paid for the services.
    • And that this clause has the effect of releasing BBEB from any further action in negligence. 
  1. CANCELLATION & VARIATION – BIKE RENTAL & SELF-GUIDED TOURS
    • If you fail to arrive at BBEB’s nominated commencement venue at BBEB’S nominated time for the commencement of a BBEB service, BBEB may retain any payments made by you for that service without providing the service.
    • If you return your bike early BBEB has the right to retain any monies paid by you toward that service.
    • If you cancel your bike rental service within 48 hours of BBEB’s nominated time for commencement of the bike rental service then you will be entitled to a refund of all monies paid toward that service. Failure to provide the required notice will result in forfeiture of any payments made by you.
    • If BBEB cancels your service prior to commencement for any reason other than as a result of you not arriving by the nominated time for commencement of the service, BBEB will refund you all the money you have paid us for the cancelled bike rental.

 

  1. CANCELLATION& VARIATION – GUIDED BIKE TOURS
    • If you fail to arrive at the commencement of the guided bike tour, BBEB may cancel your booking and retain any payments made by you.
    • If you cancel your guided bike tour, you will be entitled to a refund provided at least 7 days notice is given. Failure to provide the required notice will result in forfeiture of any payments made by you.
    • We endeavour to ensure every tour goes ahead; however, we reserve the right to cancel a tour at any time prior to the commencement of the tour due to circumstances beyond our control.
    • If we cancel your booking and/or the tour prior to commencement for any reason other than as a result of you not arriving prior to the commencement of the bike tour, we will refund you all the money you have paid us for the cancelled service.
    • If any event beyond our control occurs (for example fire or severe weather event) we may to the extent permitted by law, either: vary the tour or cancel the tour and refund you any payment received by us for that cancelled service.
    • If any event beyond our control occurs (for example fire or severe weather event) we may to the extent permitted by law, either: vary the tour; cancel the tour and refund you any payment received by us.
    • We may vary the self-guided tour at our discretion for any reason prior to and during the tour and we will not be liable to refund you any payment received by us on account of the tour price.

 

  1. PRIVACY POLICY
    • By booking bike rental and/or participation in a self-guided tour with BBEB you are consenting to BBEB collecting and retaining your private information and you are consenting to BBEB using your private information to better develop our products and services for you and for other customers now or in the future and to convey your personal information to third parties to better develop our products and services now or in the future.