BOOKING TERMS & CONDITIONS
Please read the following terms and conditions carefully. This is a legally binding agreement between you and Great Outdoors NZ Limited trading as “Escape by Cycle” (“we”, “us” or “the company”). By paying your invoice and placing a booking with us, you agree to these terms and conditions which are legally binding.
1. Bookings and Payments
For bookings made more than 2 months before a tour, a deposit of $500 per person is required to secure your place on the tour. In the event you do not pay your deposit by its due date, your booking will be cancelled immediately without notice. The balance is payable 2 months prior to the departure date of your tour (unless specified otherwise on the invoice). If you do not pay the balance in full within 7 days of its due date, you are deemed to have cancelled your booking and the cancellation fees set out in clause 4 will apply.
If you book within 2 months of the tour departure date you will be asked to pay the tour price in full to secure your booking. If you do not pay the invoice by its due date, your booking will be cancelled immediately, without notice.
All prices are quoted in NZD and include GST. All tour prices are quoted per person, on the basis of twin share accommodation (2 people sharing a room). Individuals who would like a room to themselves and do not wish to share with another paying guest must pay the relevant single room supplement set out on the tour page, to cover the additional cost of the accommodation.
2. Types of Bookings
a. Unconfirmed Bookings
We require a minimum of 5 people to run a tour. Scheduled tours are “confirmed” and guaranteed to depart once we have the minimum of people who have paid their deposit in full. If you book on a tour with less than the minimum number of people, the tour is not guaranteed to depart and your booking is “unconfirmed”. An unconfirmed booking is “confirmed” once the minimum number have booked and paid their deposit. You are entitled to cancel an unconfirmed booking at any time, with a full refund of your deposit, up until the point at which your booking is confirmed and the tour is guaranteed to depart. We will notify you by email that your booking has been confirmed as soon as possible. You should not proceed to book any flights, accommodation or incur any other travel expenses in relation to an unconfirmed booking, until your booking has been confirmed. If we cancel an tour due to lack of numbers, your deposit will be refunded in full, no later than 2 months prior to tour departure.
b. Group Bookings
A “Group Booking” is where a number of people book together on a tour. Group Bookings may be invoiced collectively for the group as a whole, or invoiced separately, for individuals, couples etc. Group discounts may be offered, based on the original number of people in your Group Booking. When a Group Booking is cancelled as a whole, the cancellation fees set out in clause 4 apply to everyone in the group, regardless of whether they have paid their share of an invoice or not. Cancellation fees are deducted from any refunds payable. If someone within your Group Booking wishes to cancel their booking for any reason, cancellation fees set out in clause 4 will apply. If a cancellation leaves less than the original number of people in the Group Booking, the the group discount for the remaining people in the group may be reduced or removed in full, which may result in additional amounts due to be paid for those remaining group members. If cancellations from your Group Booking leave less than the minimum number of customers booked to run the tour, the Group Booking may be cancelled in full and the cancellation fees set out in clause 4 will apply to everyone in the group, regardless of whether they wished to cancel or not. Cancellation fees, reduced group discounts and any additional single room supplements resulting from cancellations will be deducted from any refunds payable. You are permitted to find a replacement person (or people) to substitute for anyone wishing to cancel (without cancellation fee or loss of group discount) up until 2 weeks prior to tour departure, but you must notify us as soon as possible. Substitutions within 90 days of your tour incur a $100 per person substitution fee. Substitutions within 31 days of your tour incur a $250 per person substitution fee and we may be unable to amend the room bookings or change the bike allocation. We will do our best to accommodate substitutions within 2 weeks of your tour but they may not be possible at all, in which case the cancellation fees in clause 4 will apply. If there are any remaining available spaces on the tour, subject to availability of accommodation, you may request additional friends join your Group Booking. Upon payment of their deposit or balance invoice they become part of your Group Booking and become bound by these terms and conditions as if they had been a part of your Group Booking from the outset. The same group discount will not necessarily apply to new members of your group. If your Group Booking initially fills all the seats on the tour, but you have cancellations within your group, we will resell any vacant seats on the tour. You can avoid this by finding a substitution for anyone wishing to cancel. Only if you have purchased a Private Tour are we restricted from selling any vacant seats on any tour.
c. Private Tours
A “Private Tour” is a booking where a group books all the available seats on the tour for their group only. It must be clearly stated on your invoice and/or booking email that you have purchased a Private Tour. Private Tours are priced and invoiced for a fixed minimum amount, based on the number of people at the time of booking. For a Private Tour, we agree not to sell any empty seats on the tour without your consent. Any cancellations from the group does not change the amount due on the invoice, and no refunds paid will be paid. In the event an invoice for a Private Tour is not paid in full within 7 days of its due date, the Private Tour will be treated as having been cancelled in full. If the Private Tour is cancelled (whether by non-payment or otherwise), the cancellation fees set out in clause 4 will apply to everyone booked on the Private Tour, regardless of whether a person has paid their share of the invoice or not. You must notify us of any cancellations or substitutions as soon as possible. You are permitted to find a replacement person (or people) to substitute for anyone who can no longer come on a Private Tour, up until 2 weeks prior to departure. Substitutions within 90 days of your tour incur a $100 per person substitution fee. Substitutions within 31 days of your tour incur a $250 per person substitution fee and we may be unable to amend the room bookings or change the bike allocation. We will do our best to accommodate substitutions within 2 weeks of your tour but they may not be possible. If there are any available spaces on your Private Tour, you may request additional friends join your Private Tour at the equivalent per person price, subject to availability of bikes and accommodation. Upon payment of the invoice for the additional person, they become part of your Private Tour and are bound by these terms and conditions as if they were part of your Private Tour from the outset. Additions within 2 months of departure will incur a $100 per person administration fee. If the additional person or people cancel, they will be subject to the cancellation fees set out in Clause 4, but it will not affect the remaining group, provided they pay the original minimum amount due for the Private Tour on its due date.
3. Payment Methods
We accept payments by bank account payment (direct credit), PoliPay, or payments via “Stripe”, a secure card payment services provider. Stripe accepts all major credit and debit cards (Visa, Mastercard, Amex, Diners etc). To pay by card, click the green “Pay Now” button on your online invoice. Card payments incur a 3% surcharge to cover fees and taxes. There is no surcharge for payments via PoliPay (available for NZ bank accounts only) or for direct credit payment to our bank account. Our bank account details are listed on the invoice. You can make multiple independent direct credit bank payments against the same invoice. However part payments by card must be requested by email. Payment is deemed to have occurred when cleared funds have been received in our bank account. International telegraphic transfers must include an extra NZD$25 to cover bank intermediary fees (which are deducted en route), otherwise your balance will not be paid in full. All prices quoted are in New Zealand Dollars and include 15% Goods & Services Tax (GST).
4. Cancellations and Refunds
We book accommodation more than 12 months in advance of our cycle tours. We book restaurants, cafes, helicopters, jet boats, wine tastings and hot tubs many months before each trip. We set the staff roster for our guides and allocate bikes, vehicles, vans and trailers at the beginning of each season. The costs associated with cancelling bookings and the opportunity cost of not being able to resell empty seats increases substantially the closer we get to your tour. If you wish to cancel your booking, you must notify us by email at info@escapebycycle.com as soon as possible. The date of cancellation will be the date we receive your written request to cancel by email.
If we receive your cancellation:
- More than 90 days prior to departure, you will forfeit $250 per person.
- 90 – 31 days prior to departure, you will forfeit $500 per person.
- 30 – 15 days prior to departure, you will forfeit 50% of the tour price.
- 14 days or less prior to departure you will forfeit 100% of the tour price.
- A no-show on the day of departure means you forfeit 100% of the tour price.
We strongly recommend using travel insurance to protect yourself against cancellation fees – see clause 6. Cancellation fees will be deducted from any refund payable.
If one person cancels, out of a couple (who were sharing a double room), or a pair (sharing a twin room) the remaining person must pay a single room supplement (listed on the relevant tour page for that date). The single room supplement will be deducted from any refund payable to the person cancelling.
5. Requests to Transfer to Another Tour
In limited circumstances, we may agree (at our sole discretion) to transfer a booking from one scheduled tour date to another within the same season. Transfers are not possible to a tour date the following season. Please notify us in writing (email info@escapebycycle.com) of your request to transfer your booking as early as possible. The later we receive the request the less likely it will be. It depends on how much time is available to re-sell your original places, the number of people remaining booked on your original tour and on your requested replacement tour, the availability of accommodation, equipment, staff and how far in advance we receive your request. If your transfer would leave your original tour with less than the minimum number of people to run a tour, it will not be possible to transfer your booking. If we agree to transfer your booking to your desired tour, you will need to pay any difference in price as well as the transfer fees listed below. If your transfer request is received:
- More than 90 days prior to original departure date, a $100 per person fee will apply.
- 90 – 31 days prior to original departure date, a $250 per person fee will apply.
- 30 – 15 days prior to original departure date, a $500 per person fee will apply in addition to any costs we incur with our accommodations or suppliers..
- Transfers within 14 days of your original departure date are not possible.
- If a transfer is not possible (in our sole discretion) and you are not able to attend your original tour, your booking will be treated as a cancellation and the cancellation fees set out in clause 4 will apply.
6. Cancellation due to Illness, Injury, Personal Grievance or other reason
It is your responsibility to protect yourself against illness, injury, personal grievance or any unexpected circumstances which might prevent you from coming on your cycle tour. We STRONGLY recommend purchasing travel insurance to protect yourself against any cancellation fees. If you are unable to attend the tour for any reason, your booking will be subject to the cancellation fees in clause 4 above. If you are injured and cannot ride a bike, you are still welcome to attend the tour as a non-rider, but please let us know as soon as possible. No discounts or refunds will be made. Alternatively you can avoid cancellation fees by finding a replacement person to substitute for anyone who can no longer come on the tour – see clause 2.
7. Tour Itinerary
An indicative tour itinerary will be attached to your booking email. We reserve the right to amend or change the itinerary, departure times, cycling trails, driving routes, restaurants, cafés or accommodation without notice. In the event bad weather or unexpected events prevent the tour from taking a helicopter, train, boat cruise, jet boat ride, wine tasting or similar, there will be no refunds given for the missed activity. We reserve the right to change or cancel any activity on the grounds of safety without compensation. This may apply to a particular person or people on a tour (but not all) if we deem it would be unsafe for that person to ride a section or attend a particular activity.
8. Tour Cancellation by Us
We reserve the right to cancel any tour prior to departure for any reason (which may include, for example, where we have less than the minimum number of booked guests , or we do not have enough staff or equipment to operate your tour). If we decide to cancel a tour in these circumstances, we may offer you alternative dates to transfer your booking to another tour during the same season or, failing that, defer your booking to another tour the following season. If you agree to such a transfer, we will credit your payments towards the new booking. We will not charge a fee to transfer or defer your booking, but there may be a price difference to pay (particularly if deferring to the following season). If you are unable to attend any of our alternate dates, you will be refunded in full. However, you are not entitled to claim back any additional amounts or compensation for any lost travel costs, expenses or other consequential loss or damages you may have suffered (eg cancelled flights, accommodation etc) resulting from the cancellation.
9. Tour Cancellation due to Force Majeure
Where events beyond our control prevent us from being able to operate your tour, including, but not limited to, extreme weather, closed roads or cycle trails, war, terrorism, famine, pandemic (eg COVID-19), regional or national lockdowns, strikes, trade disputes, fire, earthquake, accident or breakdown of vehicles, bikes or equipment, supply chain problems, government rules or regulations, political action, civil emergencies, acts or omissions of any third party (such events collectively known as “force majeure”) we will take reasonable steps to defer your booking until a later date during the same season. If this is not possible, we will give you the choice of whether to defer your booking until a date the following season (subject to increased pricing) or to cancel your booking. In the event you decide not to accept a deferral of your tour, but instead to cancel your booking we will retain an amount equal to your deposit ($500 per person) as a cancellation fee and refund any excess amount back to you. Hopefully you can claim the cancellation fee back from your travel insurance. In the event you agree to defer your booking to the following season, we will not charge you any fee (other than any difference in the price of the tour) and we will credit your payments toward that future booking. All deferral credits must be used during the following season. Any unused credit will lapse thereafter.
10. COVID-19 Deferrals due to Self-Isolation Requirements
If government rules or restrictions relating to the COVID-19 pandemic prevent you from travelling to the starting location of your tour, or require you to self-isolate at the time of your tour (for example if you test positive) this will be treated as a “COVID Deferral” and the cancellation fees set out in clause 4 will not apply. We will give you the choice of whether to defer your booking until the following season or to cancel your booking. In the event you decide not to accept a deferral to the following season, but instead you decide to cancel your booking we will retain an amount equal to your deposit ($500/person) as a cancellation fee and refund the balance back to you. In the event you agree to defer your booking to the following season, we will not charge any fee for the deferral, but there will be a price difference payable (due 2 months prior to the deferred tour). We will credit your payments toward that future booking. You will be required to provide evidence you are unable to travel or legally required to self-isolate at the time of your original tour (eg a positive Covid test result).
11. Questionnaires, Health and Fitness and Dietary Requirements
Each customer must complete a tour questionnaire as soon as possible upon booking. It is your responsibility to complete the questionnaire accurately. It may not be possible to change accommodation bookings, provide the correct equipment or cater to your dietary needs if you fail complete the questionnaire correctly and on time. We accept no liability to you for omitted, or incorrect information on your questionnaire, including (not limited to) room or bedding requirements, bikes or equipment, medical conditions, dietary requirements or food allergies. In the event we are able to take steps to rectify problems arising from incorrect or omitted information, we reserve the right to charge you a reasonable fee which reflects our time and costs – for example the staff wages, vehicle costs and expenses involved in bringing a different bike to you on tour.
You must be in good state of health and fitness to attend your tour and you must advise us of any serious health conditions before your cycle tour. If you are unsure whether we need to know, please let us know on your customer questionnaire. We will keep this information confidential. We reserve the right to withdraw any person from a tour (with no refund) if we think you pose a risk to your own health, or to anyone else, or if you have failed to disclose any material medical conditions prior to your tour.
The cycle trails we ride are quite challenging and not suitable for everyone. If you are in any doubt, please ask us for further information before making your booking. It is your responsibility to have the necessary skills and fitness to complete your tour. Your tour guide will take reasonable steps to assist you, but in the event you are not fit enough or lack the skills to ride any sections of the trail, you must follow their instructions which may include skipping a section and riding in the van.
12. Third Party Suppliers
We engage third party suppliers to provide certain services on the tour, including food, accommodation, helicopters, jet boats, wine tastings, train rides, tourist activities etc. We accept no liability for such third party suppliers or their activities or for any loss you suffer as the result. Any claim or cause of action you may have in respect of such service is against the third party supplier and not against us.
13. Removal or Withdrawal from a Tour
We reserve the right to remove any person from a tour (without refund), who in our opinion, is likely to endanger themselves or others, or is overly rude or aggressive, discriminatory in any way, intoxicated, conducting any illegal activity, refuses to wear a seat belt or cycle helmet, deliberately seeks to disrupt the tour, or refuses to comply with the reasonable instructions of the tour guide. We reserve the right to charge a fee to cover our costs associated with the removal of anyone from a tour.
If anyone wishes to withdraw from a tour for any other reason, we will do our best to arrange transport off the tour as best we can. No refunds will be given for any remaining portion of the tour or any missed accommodation, meals or activities. We reserve the right to charge a fee to cover our costs involved with assisting you to leave a tour. Our tours travel to remote parts of the South Island with infrequent transport options so please note that removal or withdrawal from a tour may be difficult, time consuming and expensive.
14. Your Possessions
It is your responsibility to look after and insure all your possessions whilst on tour. We strongly encourage you not to bring any precious or valuable possessions on tour. We accept no liability in the event of any loss, accident, fire, theft or similar. Nor are they covered by our insurance policy. If you leave any possessions behind somewhere, we will use reasonable efforts to try to return these to you. We do not guarantee this will be possible and we reserve the right to charge a fee to cover our costs. We strongly advise you to check your possessions are covered by your own insurance policy while on tour.
In the event you bring your own bike on tour, it will be loaded on our bike trailer together with our bikes. Our trailers can fit tyres up to 2.9 inches wide. If you have very wide tyres, they may not fit on the trailer. We will look after your bikes to the same standard of care as we look after our own bikes. However we accept no liability for any scratches, damage, loss or theft of your bike while on tour. Please ensure your bikes are covered by insurance while on tour.
15. Liability Waiver
Mountain biking, driving and cycle touring are inherently risky activities. You acknowledge and accept there is a risk of injury, death, property damage and/or loss on your tour. You agree to release, waive, discharge, hold harmless and indemnify the company, our directors, employees, contractors, agents or other representatives, from any claim, cause of action or loss you may suffer as the result of, or in connection with the tour. To the extent permitted by law, we disclaim any and all liability arising out of or in connection with providing your tour. To the extent our liability is not excluded, our liability is limited to the price paid for your tour. We advise you to use insurance to protect you against these risks.
16. Privacy Policy
We need to collect and store your personal information and certain personal data supplied by you in order to provide your cycle tour. This will only be stored and used by us for this purpose. Unless you tell us otherwise, you agree that we may add your email address to our mailing list for sending updates, newsletters and marketing materials. During the course of your tour we take photos and share these with you for download after your tour. We may use these photos for promotional purposes (social media, website etc) but we only use photos where individuals are not easily recognisable. We will keep your information confidential and in accordance with applicable data privacy laws. In the unlikely event of an accident or emergency, you agree we may share your medical or personal information with medical or emergency services.
17. Jurisdiction
These terms and conditions are governed by the laws of New Zealand.