Tour Terms - Rider Agreement

 

Please read the Terms and Conditions carefully as they represent the basis upon which bookings are accepted by Imagine What Pty Ltd (trading as CycleHosts) (CycleHosts, we or us) and the conditions upon which you and CycleHosts have entered into this agreement. The payment of the deposit or any partial or full payment for a reservation on a tour will constitute your consent to these Terms and Conditions.

RESERVATIONS & PAYMENT: If the option for a deposit is provided, your payment of the deposit at the time of booking reserves a space on a tour until the date that full payment is due (as specified in the tour details).  The price includes the services specified in the itineraries plus optional activities listed, if any. Prices do not include services and meals not listed specifically in the itineraries, passports or other travel documents, air or other transportation to and from tour start and ending points (unless otherwise stated in tour itinerary), or personal expenses such as laundry, medical insurance, and communications.

If the tour includes accommodation and/or transportation: the tour price is based on double or twin occupancy. For individual travellers we may charge a single supplement to cover the extra cost of accommodation. CycleHosts may need to substitute hotels, restaurants, routes or other services listed in the itinerary with comparable services if necessary. 

BOOKING AMENDMENTS: Transfers to a third party or an alternative tour are permitted if operationally possible and if made within in reasonable time in advance of the departure date. In the case of transferring to a third party, the transferee must meets all the requirements in relation to the trip and agree to these terms and conditions. A nominal administration fee may apply.

CANCELLATION & REFUNDS:  All cancellations must be received in writing and confirmed via a return email from CycleHosts.

Tour refund amounts - single day tours:  You may cancel a single-day tour up to 30 days in advance of the tour date but you will incur an administrative fee of $20 per participant.

If you cancel less than 30 days before a single day tour and we are able to resell your ticket (which is not guaranteed), we will refund you the cost we receive from that sale, less any administrative costs incurred. If we do not resell your ticket, we are not able to refund any amounts (subject to applicable law).

For all multi-day tours: unless specifically stated in tour itineraries and promotions, and subject to applicable law, we provide full refunds or credit notes (at our discretion if you cancel for reasons other than our breach of law or this agreement), less an admin fee per participant, up to 120 days prior to the advertised start date. 

Tour Refund Amounts

120 days or more before the tour begins: Full refund, less an admin fee

120 – 60 days before the tour begins: Full refund, less admin fee

60 – 31 days before the tour begins: 50% of your tour price

30 – 0 days before the tour begins: No refund for change of mind or for reasons other than our breach of law or this agreement

Unless otherwise required by law and without exclusion of your consumer rights, no refunds for change of mind are possible after the tour begins. Refunds take approximately 2 weeks to process from the date written cancellation is received. 

Any credit resulting from a cancellation by you does not have an expiry date and may be applied towards any other available CycleHosts tour. This credit is not transferrable or redeemable for cash. 

We reserve the right to cancel a tour at any time for any reason determined in our reasonable discretion, including if there are too few participants or if the quality of the trip or the safety of travellers is judged by CycleHosts to be compromised.  In this case any deposit or other payments made on account of a tour will be refunded subject to CycleHosts receiving refunds from third party providers (i.e. hotels, restaurants, rental agencies, etc.).  You can also elect to receive a credit note. In the event of a cancellation, CycleHosts is not responsible for any loss incurred on account of non-refundable or non-transferable air tickets or other unrecoverable travel costs that you may incur. Subject to applicable law, you will not be able to claim damages from CycleHosts because the nature of our services is that our tours cannot be guaranteed until close to departure.

Events Beyond Our Control: CycleHosts does not accept any liability whatsoever for injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by any event which are beyond its control including, but not limited to, war, epidemic, pandemic or other health emergency, civil disturbance, fire, explosion, breakdown, floods, windstorm or other extreme weather event, acts of God, acts of Government or of any other authorities, accident to or failure of machinery or equipment or industrial matter, whether or not foreseeable.

Changes in pricing: Prices are based on currency exchange rates as at the time of booking; note that prices may vary depending on which currency the booking is made. If there are unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action require it, we may need to vary the price of the tour. In such instances we will may choose to absorb some of the cost you will be responsible for the balance up to an amount of 10% of the tour price. If the increase is more than 10% of the tour price you may cancel the booking within 14 days of notification of the increase and obtain a full refund or credit note (at your option).

TRAVEL INSURANCE: It is your responsibility to hold your own comprehensive travel insurance policy to cover all aspects of your tour including overseas medical (if applicable), dental, hospital and emergency expenses, accidental death, loss of deposit and full payment due to trip cancellation, loss of luggage and personal items, third party liability, damage or loss due to the use of rental bicycles, and legal liability.

TRAVEL DOCUMENTS AND PASSPORTS: Since entry requirements vary from country to country, and are dependent on the country of origin, you must ensure that you have the appropriate travel documents for the country/countries we ride in. CycleHosts is not responsible for any costs incurred from being prohibited entry to any country during the trip.  You must ensure your passport will have a validity of at least six months after your return date home.

RESPONSIBILITY: To the extent permitted by law, CycleHosts, its agents, contractors and employees will not be responsible for personal injuries or property damage, loss or delay, or change of itinerary incurred by you arising out of the act of negligence of any direct or supplemental carrier, hotel, or other person rendering any of these services, or accommodations being offered in these tours; nor will CycleHosts be responsible for any injuries, death, damage, loss or delay in any means of transportation or by reasons of any event beyond the actual control of CycleHosts or of any agent or supplier, or due to force majeure. 

To the maximum extent permitted by law, CycleHosts exclude all liability whatsoever to you or any other person for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission by or on behalf of us in connection with this agreement except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the Australian Consumer Law (ACL)

Where the law implies a warranty into this agreement which may not lawfully be excluded (in particular warranties under the ACL), to the extent permitted by law, our liability for breach of such a warranty will be limited to either supplying the services again or payment of the cost of having the services supplied again.

ACKNOWLEDGMENT OF RISK: You acknowledge that the nature of the tour is adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes create dangers and physical challenges.

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. 

We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to be aware of relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks that may result from such travel.

HOST AUTHORITY: Our experiences are run by a Host or Hosts. The decision of Hosts is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a Host, or interfere with the well-being or mobility of the group, the Host may direct you to leave the trip immediately, with no right of refund.  We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.

BICYCLES: If rental bicycles are provided for use during these tours, they will be in satisfactory operating condition and you agree to use them at their own risk or call deficiencies to the immediate attention of CycleHosts.  Instruction in the use of bicycles will not be provided and you represent to CycleHosts that you are familiar with the use of a multi-speed bicycle.  You must wear a helmet while cycling.

You are responsible for any and all damage once you receive rental bikes.  You undertake not to misuse the bike and return it in the same condition as it was delivered to you (normal wear and tear excepted). CycleHosts will make reasonable efforts to replace or fix any malfunctioning components, unless the problem was created by your misuse of the bike.  In the event of a major breakdown, caused by your misuse of the bike, CycleHosts cannot be held responsible for providing a replacement frame or component. If the bike is stolen, lost or damaged by you during the rental period, you may be charged for the original purchase price of the bike (lost or stolen) or for the repair of the damage.

HEALTH AND FITNESS: Activities involved in active travel and the tours described in our printed material and on our website are physically demanding, strenuous and potentially dangerous. By reserving space on a tour, you acknowledge that you are in suitable physical and mental condition to perform the activities described. At the discretion of the Hosts or employees of CycleHosts, participants failing to meet these physical and mental requirements, or participants reasonably considered harmful or disruptive to other participants’ enjoyment of the tour, may be asked to leave the tour, with no refund applicable.

GOVERNING LAW: The laws of Victoria, Australia govern these Terms and Conditions to the extent allowable. Any disputes in connection with a trip or these Terms and Conditions must be initiated in the courts of Victoria, Australia. 

Version 1.4 Revised and Adopted, November 2020