BOOKING TERMS & CONDITIONS
Please read the following terms and conditions carefully. They form the basis of the legal 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 reserve your booking on the tour. The balance is payable 2 months prior to the departure date of your tour (unless specified otherwise on the invoice). In the event you have not paid either your deposit invoice or the balance invoice in full within 7 days of the 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 tour departure you will be asked to pay the tour price in full to secure your booking. If you have not paid your invoice by its due date your booking will be cancelled immediately, without notice.
2. Types of Bookings
a. Independent Bookings
Independent bookings are invoiced and treated independently of each other. A group of people may all book on the same tour but if they are invoiced separately (eg as individuals or couples) those bookings are treated independently (unless otherwise stated on the booking email or invoice). Scheduled tours are guaranteed to depart once we have a minimum of 4 people who have paid in full. If you have booked on a tour which is unconfirmed (ie not guaranteed to depart due to insufficient numbers), and we later have to cancel the tour due to lack of numbers, you will be refunded in full. You will not be entitled to any compensation for flights, accommodation any other travel expenses. All prices are quoted on the basis of twin share accommodation. Individuals who would like a private room and do not wish to share with another person must pay a single room supplement to cover the additional cost of the accommodation.
“Group Bookings” are where a number of people book together on a tour. Group Bookings are invoiced collectively, not individually, with 1 deposit invoice and 1 balance invoice issued for the whole group (for bookings made more than 2 months in advance). Group discounts may be offered, based on the original number of people in your Group Booking. Invoices for Group Bookings must be paid in full within 7 days of the due date, otherwise the Group Booking is deemed to have been cancelled and the cancellation fees set out in clause 4 will apply to everyone in the group, regardless of whether they have paid their share of the invoice or not. Cancellation fees will be deducted from any refunds payable to the group. If someone within your Group Booking wishes to withdraw from the tour and cancel their booking for any reason, cancellation fees set out in clause 4 will apply. If the cancellation leaves less than the original number of people in the Group Booking, the remaining people will lose any group discount you may have received. If cancellations from your Group Booking leave less than 4 remaining customers booked on the tour, we are entitled to cancel your Group Booking in full and the cancellation fees set out in clause 4 will apply to all people in your Group Booking as a whole, regardless of whether they wished to cancel or not. Cancellation fees and lost group discounts will be deducted from any refunds payable. You are permitted to find a replacement person to substitute for anyone wishing to cancel (without cancellation fee or loss of group discount) up to 14 days prior to your tour departure, but you must notify us as soon as possible. For any substitution less than 1 month before your tour, we may be unable to amend the room bookings or change the bike allocation. Any substitutions within 90 days of your tour will incur a $100 per person substitution fee. Any substitutions within 30 days of your tour will incur a $250 per person substitution fee. If there are available spaces on the tour and subject to availability of accommodation, you may request additional friends join your Group Booking, up to 30 days prior to your departure date. Upon payment of their invoice they become part of your Group Booking and become bound by these terms and conditions. The same group discount will not necessarily apply. If your Group Booking initially fills all the seats on the tour, but you later have cancellations within your group, we reserve the right to resell the 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 places on any tour.
c. Private Tours
A “Private Tour” is a Group Booking where you have reserved all available places for your group only and for a specified minimum number of people. For a Private Tour we agree not to sell any remaining seats on your tour without your consent. Private Tours are priced based on the minimum number of people to compensate us for this restriction. It must be clearly stated on your invoice and/or booking email that you have purchased a Private Tour. Invoices for Private Tours must be paid in full within 7 days of the due date, otherwise the Private Tour is deemed to have been cancelled and the cancellation fees set out in clause 4 will apply to everyone in the Private Tour, regardless of whether they have paid their share of the invoice or not. Any cancellations leaving more than the specified minimum number of people on your Private Tour are subject to the cancellation fees set out in Clause 4. Cancellations leaving less than the specified minimum number of people are not permitted. Private Tours cancelled in full will mean the cancellation fees set out in clause 4 apply to everyone booked on your Private Tour, regardless of whether each person wished to cancel or not. For bookings made more than 2 months prior to the tour, 1 deposit invoice and 1 balance invoice will be issued for the Private Tour as a whole. For bookings made less than 2 months prior to the tour, 1 invoice will be issued for the Private Tour as a whole. If someone within your group can no longer come on your Private Tour and this would result in less than the specified minimum number of people, your invoice will not change. In the event the cancelling party does not pay their share of the invoice and the remaining people cannot find a replacement and/or does not wish to cover the cancelling party’s share, then the Private Tour will be treated as having been cancelled in full and the cancellation fees set out in clause 4 will apply. To avoid this, please check your travel insurance covers your relevant portion of the invoice in the event you have to cancel for any reason. 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 the person (or people) who can no longer come, up to 14 days prior to your tour departure. Any substitutions within 3 months of your tour will incur a $100 per person substitution fee. Any substitutions within 1 month of your tour will incur a $250 per person substitution fee. For any substitution less than 1 month before your Private Tour, we may be unable to change the room bookings or bike allocation. If there are available spaces on your Private Tour, subject to availability of accommodation, you may request additional friends join your Private Tour at the equivalent per person price as the rest of the group, up to 1 month prior to your departure date. Upon payment of the invoice for the additional person, they become part of your Private Tour and are bound by these terms and conditions. This will not increase the specified minimum number of people for your Private Tour. Additions within 2 months of departure will incur a $100 per person administration fee.
3. Payment Methods
We accept payments by bank account payment, PoliPay and card 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 (NZ bank accounts only) or by direct credit payment to our bank account. Our bank account details are listed on the invoice. You can make multiple independent internet 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 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 email@example.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 (sharing a double room), or a pair (sharing a twin room) the remaining person will have to 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 firstname.lastname@example.org) 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 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 4 people, 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 cancellation fees. If you are unable to attend the tour for any reason (other than a “COVID Deferral” – see clause 10), 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 in advance of you tour. No discounts or refunds will be made. Alternatively you can avoid cancellation fees by finding a replacement person to substitute for you 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.
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 4 booked guests on a tour, or we do not have enough staff to operate your tour). If we decide to cancel your tour of our own volition, we will try to transfer your booking to another date the same season or defer your booking until the following season. If you agree to such transfer, we will use your payment as a credit towards the new booking during the same or subsequent season. If you are unable to attend any of our alternate dates, you will be refunded in full. However, you will not be entitled to claim any additional amounts or compensation for any lost costs, expenses or other consequential loss or damages you may have suffered, resulting from the cancellation.
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 restrictions), 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 or where an accommodation partner has made a mistake with our bookings, 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 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/person) as a cancellation fee and refund the excess back to you. In the event you agree to defer your booking to a later date, 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 deferrals must be taken either during the current season or the following season (Oct-April). Any unused credit will lapse thereafter.
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). For the avoidance of doubt, if you visit a location of interest which requires you to self-monitor for Covid symptoms, this does not constitute a requirement to self-isolate. If you are part of a Group Booking or Private Tour, you and your spouse or partner (if applicable) will be treated as COVID Deferrals, but this will not apply to the rest of the Group Booking or Private Tour. All COVID Deferrals must be taken either during the current season, or the following season (Oct-Apr). Any unused credit will lapse thereafter.
We are a close contact business and our tours visit numerous restaurants, accommodations and activities. Until 11.59pm on 04 April 2022, the NZ Government requires that all our customers produce a COVID-19 Vaccine Certificate in the prescribed form before coming on our tours. We are required to check your vaccine certificate (paper or electronic version) before allowing you to come on the tour. If you know you will not be able to produce a vaccine certificate please let us know urgently. Cancellation fees (see clause 4) will apply unless you are able to find someone to replace you on the tour (see clause 2). If you are unable to produce a vaccine certificate on the day of your tour, your booking will be cancelled without refund. After 11.59pm on 04 April 2022, this clause will have no further effect.
12. 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 bookings, provide the correct equipment or cater to your needs if you fail complete the questionnaire correctly or 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 reasonable health and advise us of any serious health conditions before your cycle tour. If you are unsure whether we need to know, please note it 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 danger to your own health, or anyone else, or if you have failed to disclose any material medical conditions prior to your tour.
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 riding in the van.
13. Third Party Suppliers
We engage third party suppliers to provide certain services on the tour, including food, accommodation, helicopters, jet boats, wine tastings etc. We accept no liability for such third party suppliers or their activities. Any claim or cause of action you may have in respect of such service is against the third party supplier and not against us.
14. 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, is overly rude or aggressive, discriminatory, 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 reasonable instructions of the tour guide. We reserve the right to charge a fee to cover any costs associated with such removal.
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. We reserve the right to charge a fee to cover our costs. 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.
15. Your Possessions
It is your responsibility to look after 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. If you leave any possessions behind, we may try to return these to you, within reason. We do not guarantee this will be possible and we reserve the right to charge a fee to cover our costs. We advise you to use insurance to protect your possessions whilst on tour.
In the event you bring your own bike on tour, it will be racked on our trailer together with our bikes. The trailers can fit tyres up to 2.9 inches wide. If you have fat tyres we may need to let some air out to fit them 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 loss, damage or theft of your bike while on tour. Please ensure your bikes are covered by insurance.
16. 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 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 of your tour. We advise you to use insurance to protect you against these risks.
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. 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.
These terms and conditions are governed by the laws of New Zealand.