Terms and Conditions

Wellington MTB Adventures is the trading name of Wgtn MTB Limited and RTD Systems Ltd which means that every time, Wellington MTB Adventures are mentioned, they remain the same company.

Please read carefully the following terms and conditions. By completing a Booking Form, making a booking, making payment, or purchasing any of our services, you agree to be bound by these conditions which form the agreement between Wellington MTB Adventures Ltd and You.

 

Terms in this document

The term “adventure” refers to guided activities.  The term “shuttle” refers to self-guided activities.  The term “Activity” is either an adventure or shuttle organized by Wellington MTB Adventures.

The term “You” refers to any of the participants of an activity, or a client, agent, or any affiliates or contractors of an agent or travel wholesale company.

The terms “Us” or “We” refers to Wellington MTB Adventures Limited or any of its branch and any of its staff, sub-contractors, agents, or affiliates.

 

Booking Process

All bookings will be made directly with Wellington MTB Adventures.

  • You will make an enquiry with Us about availability by email or phone
  • You will complete our Pre-ride information form and send it to Us – Adventure participants only. These must be completed for every participant on the adventure.
  • You will make a non-refundable deposit (or full payment) using payment methods acceptable by Wellington MTB Adventures.
  • After reviewing the Booking Forms, Wellington MTB Adventures will accept or deny your booking or the inclusion of any members of the party. A support person with suitable medical training may be required to accompany participants that have sever medical conditions. It may be necessary for Wellington MTB Adventures to engage in further discussion with You about the cycling experience before confirming a booking.

 

Payments

A deposit will be paid to confirm the booking.  The balance payment is due 7 days prior to the commencement of our services. All payments must be made in New Zealand dollars.

 

General Booking Cancellation Policy

If You wish to cancel your booking, Wellington MTB Adventures must be notified in writing. Once Wellington MTB Adventures receives your notice, cancellation will take effect subject to the following:

If cancellation occurs after a deposit is made You forfeit your deposit.  If cancellation occurs within 7 days of to the commencement of our services you must pay a cancellation fee that is the equivalent of 100% of the full price.

 

Cancellation by Wellington MTB Adventures due to minimum booking numbers (for activities where a minimum booking number applies)

Wellington MTB Adventures reserves the right to cancel any activity prior to departure in the event that there are too few people booked on a trip. In such a case, you will be given a full refund of payments You have made to Wellington MTB Adventures. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage or for any loss of time or inconvenience which may result from the cancellation.

 

Cancellation and/or changes of itineraries by Wellington MTB Adventures due to weather or hazardous conditions

Wellington MTB Adventures reserves the right to change the date of departure or conclusion of an activity, postpone or cancel an activity, modify any aspect of an activity or itinerary, substitute different trails or itineraries within the activity, or delay any such aspect of the activity or services if in the absolute discretion of Wellington MTB Adventures it is necessary to do so due to inclement weather, heavy rain, high winds, snow, ice, or any conditions that Wellington MTB Adventures considers to be hazardous, dangerous, adverse, or threatening to the safety of clients/participants, staff, contractors, or anyone associated with the operation of the activity or services. The weather leading up to the activity or service will also be considered as it affects the condition of the trails and natural environments where the services are carried out.

 

Payment policy where Wellington MTB Adventures cancels services booked direct by the client.

If We cancel the entirety of Our services booked by You due to the above conditions, You forfeit your deposit. We will offer the You the option to transfer to a new date with no penalty or transfer fee. If We cancel a part of an activity, modify an itinerary, or substitute a product there will be no reduction in price.

 

Date Transfer Policy

Our services can be transferred to new dates on request by You for any reason (for example: undesirable weather or reduced group size). You may request to transfer your booking to new dates. Any transfer to new dates is subject to Our availability. Your deposit can be transferred to a new date; however, You must pay a date transfer fee that is the equivalent of 50% of the deposit amount.

 

Health and Fitness Requirements

Mountain biking and riding cycle trails is an Adventure Activity that has certain per-requisites, which vary according to each activity or trail, and are determined solely at the discretion of Wellington MTB Adventures. To enjoy your experience and complete it safely you need to be in good health and physical condition. You also need to have suitable fitness and riding skills for the activity or trail you are booking. Our Booking Registration Form contains questions about Your cycling experience and fitness. These questions must be completed personally by each participant (not one per group).

The group organizer or contact person (You as the client) agree that You will pass on the online link to the Booking Registration Form and advise your group members to complete the Pre-ride Information Form as soon as possible. You agree that You will complete all fields of Our Booking Registration Form and that You will answer honestly and accurately about your fitness and cycling experience.

You as the client, group organizer, or contact person agree that you will not complete forms on behalf of your group members.

For all activities you agree by signing the Booking Registration Form, or ticking that you agree to our Term and Conditions via our online form, that you are in good health and physical condition, and that you understand the difficulty of the activity and/or trail(s) you are going to ride.

It is Your responsibility to make sure You understand and accept the trail Grade and/or difficulty of the activity you are booking or trail that we are assisting you to ride. Wellington MTB Adventures accepts no responsibility if You book services for activities or trails that outside Your cycling ability level.

If you have a medical, physical or mental condition(s) you must disclose this to us on your Pre-ride Information Form. You are also obliged to inform of any medical conditions that become evident after booking but before your activity. Your booking is not confirmed until We have received and reviewed the Booking Registration Forms from all of your group members / participants / clients. Wellington MTB Adventures reserves the right to cancel Your booking, modify any aspect of Your activity or itinerary, substitute different trails or itineraries within the activity, delay any such aspect of the activity or services or insist on a medically trained support person accompanies You if in the absolute discretion of Wellington MTB Adventures You do not meet the heath and fitness requirements for the activity you have booked or the trail we are assisting you to ride.

If Wellington MTB Adventures accepts Your booking and/or agrees that You may participate in an activity, or ride a trail with the assistance of our services, You accept and continue maintain that Wellington MTB Adventures is not in any way assuming responsibility for Your ability to complete the activity or trail, Your safety on the trail, or Your enjoyment of the trail or activity.

You as the group organizer or contact person (the person who has booked the activity or service) accept that You are responsible for the safety of all group members. You agree that you understand the fitness and skill levels of Your each group member and that You also understand the fitness and skill levels required for the activity, trail, or service that You are booking for Your group.

You agree that Wellington MTB Adventures may contact You as the client/participant by email or phone to further discuss Your fitness, health, cycling experience, and riding skills. The above Health and Fitness topics and obligations apply to all activities, whether guided or self-guided, as well as shuttles and all other services provides by Wellington MTB Adventures.

 

Prices on brochures and website

Advertised prices are based on ground costs, accommodation prices, and assumptions made at the time of printing the brochure. Wellington MTB Adventures tries its utmost not to increase prices however sometimes increases are outside its control. Wellington MTB Adventures reserves the right to amend trip prices at any time.

Amendments may be necessitated for many reasons including, but not limited to, increase in accommodation costs, increases in ground services, or exchange rate fluctuations. Any increase in trip prices must be paid prior to the departure date.

Note: Surcharges may apply for some trips during Easter, Christmas, New Years, and other public holidays where additional costs may be levied to meet statutory obligations.

 

Travel insurance and unexpected changes to a client’s travel schedule

Full personal travel insurance including accident, illness and travel cancellation is required for all non-NZ residents in Our services. If, at any stage, you experience unexpected changes to your travel schedule that affects Your activity with Us, you must discuss these matters, either with your booking agent, or contact us directly.

 

Force Majeure

If Wellington MTB Adventures is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of terrorism, acts or omissions of a third party or contractor, or any other cause whatsoever outside Wellington MTB Adventures reasonable control, We will be under no liability to you, and may either cancel an activity and are under no obligation to arrange and alternative activity or service.

 

Assumption of Risk and Safety Declaration

You acknowledge that:

  • By its very nature, Our activities can be more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death.
  • Operational control of the activity may be in the hands of a third party (or contractor) and that your right of action in regard to any shortcoming of that third party’s performance is against the third party and not against Wellington MTB Adventures.
  • The additional dangers and risks associated with Wellington MTB Adventures activity and services may include difficult and dangerous terrain, extremes of weather, including sudden and unexpected changes, remoteness from normal medical services and from communications, and evacuation may be difficult in the event of illness or injury.
  • Wellington MTB Adventures reserves the right to withdraw any person from an activity or service who in our opinion is likely to endanger themselves or others. Wellington MTB Adventures also reserve the right to cancel any adventure or shuttle if we become concerned for any reason for Your safety or that of any other person on the activity and/or in the group.
  • You must follow our instructions and use any safety equipment available at all times, whether the equipment is provided by Wellington MTB Adventures or Yourself.
  • Equipment supplied by You must be fit for purpose.  Wellington MTB Adventures reserve the right to insist on alternative equipment where Yours does not meet the requisite minimum standard
  • For the above reasons You accept the inherent and increased dangers and risks associated with the proposed trip, trail, or activity, and the accompanying risk of injury, death and/or property damage or loss.
  • You as the group organizer or contact person are taking responsibility for the safety of your group members. You agree that You will not bring, book for, or include people in Your group who are not suitably fit or skilled for the activity, trail, or service that You are booking for Your group.
  • Wellington MTB Adventures will make ever effort to ensure that equipment is loaded in a way that prevents damage. However, Wellington MTB Adventures takes no responsibility for damage that is sustained to a participants bikes or other equipment during transportation.
  • You will abide by New Zealand laws during an activity.  This includes the use of seatbelts in the shuttle vehicles. Any fines or other penalties are yours to pay.

 

 

Release and Waiver of Liability

In consideration of Wellington MTB Adventures accepting your booking and in consideration of You being permitted by Wellington MTB Adventures to join an activity or partake in services that assist you to ride a trail, to the extent permitted by law, You: Release, waive, discharge, hold harmless and agree to indemnify Wellington MTB Adventures and its directors, employees, agents, licensees, contractors, drivers, guides, and other representatives and the land management authorities in New Zealand from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during Your travel in connection with Our activity/adventure/shuttle or any activities conducted in conjunction there within unless caused by the willful negligence or wrongful act of Wellington MTB Adventures and its employees; and regardless of the situation of circumstances giving rise to the claim You waive any claims you have, or may at any time have, against Wellington MTB Adventures and its employees and You agree, by accepting the additional inherent dangers and risks associated with the trip/activity/service not to make any claim against or seek any compensation from Wellington MTB Adventures and its employees, staff, or contractors in respect of any personal injury, illness or death suffered by You or damage to or loss of property sustained by You as a result of your participation in the trip. To the extent permitted by law, all Our liability for damage to Your property, disruption to travel plans, or mental injury is excluded. This is subject to any rights You may have under the Consumer Guarantee Act 1993 if booking in NZ. If sections of the Act do apply, Wellington MTB Adventures liability is limited to resupplying the services or paying the costs of resupplying the services, whichever is the lesser. WARNING: Under New Zealand law it is extremely unlikely that you will be able to sue anyone if you are injured and/or suffer disruption in your travel arrangements. Wellington MTB Adventures holds a current public liability/indemnity insurance policy covering all trips/activities/services operated by Wellington MTB Adventures.

 

Jurisdiction

Your booking and all operations undertaken by Wellington MTB Adventures are governed by the laws of New Zealand.

 

Bike Hire

The hirer is responsible for repair or replacement costs in the case of damage or loss of bike(s). Once in your possession, the bike and associated equipment is your responsibility. We recommend locking the bike any time it is out of your sight. Wellington MTB Adventures reserves the right to contact You for reimbursement of repair or replacement costs of any bikes or associated equipment. You agree that you will pay the amount specified, without dispute, on the invoice that will be sent to you by Wellington MTB Adventures to cover repair or replacement costs on a like for like basis.