HIGH COUNTRY WOMEN’S 3 PEAKS WEEKEND
ABN 97 62 14 33 805
TERMS AND CONDITIONS
The terms and conditions set out below apply to the 2019 High Country Women’s 3 Peaks Weekend, the “Event”, provided by Women’s High Country Cycling Pty Ltd (ABN 97 62 14 33 805) unless stated otherwise in writing by Women’s High Country Cycling Pty Ltd. All registrations for the Event are made in accordance with and subject to these terms and conditions. “You” means the person named on the Event registration form.
1.1 These terms and conditions constitute the entire contract (“the Contract”) between you and High Country Women’s Cycling Pty Ltd. unless expressly agreed to in writing, no other representation, warranty, condition or term shall form part of the Contract.
1.2 High Country Women’s Cycling Pty Ltd reserves the right to assign to any other entity some or all of the rights and/or liabilities arising under this Contract. In such circumstances, you agree to the terms and conditions of this Contract applying with that other entity.
1.3 All bookings with service providers other than High Country Women’s Cycling Pty Ltd are subject to the terms and conditions and limitations of liability imposed by them and you agree to be bound by these. Some of these service providers limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. High Country Women’s Cycling Pty Ltd does not accept any responsibly for any loss as a result of any act or omission of any third parties.
2. BOOKING AND PAYMENT
2.1 Bookings and availability of the Event are not confirmed and no contract exists between you and High Country Women’s Cycling Pty Ltd until receipt of the total Event cost payable for each participant. Upon receipt of the Event cost, the booking will be confirmed subject to availability.
3. CANCELLATION POLICY
3.1 Anyone wishing to cancel must notify High Country Women’s Cycling Pty Ltd in writing by email to firstname.lastname@example.org (a ‘delivered’ receipt and a ‘read’ receipt should be attached to the email). Notice of cancellation will not take effect until received by High Country Women’s Cycling Pty Ltd.
3.2 As High Country Women’s Cycling Pty Ltd commences incurring expenses upon confirmation of a booking, and shall charge a cancellation fee which is calculated as follows:
a) cancellations received up to 30 days prior to the commencement of the Event will reimburse 50% of the Event price per person
b) for cancellations received on or within 30 days of the commencement of the Event no refund will be made;
c) no refund will be given for “no shows” or late arrivals to the Event;
d) no refund will be made for accommodation, meals, sightseeing or excursions or any other services not utilised on the Event.
3.3 Any cancellation by you of additional services booked by High Country Women’s Cycling Pty Ltd at your request shall incur a 100% cancellation fee payable by you.
4. CHANGES TO EVENT & MINIMUM NUMBERS REQUIRED
4.1 High Country Women’s Cycling Pty Ltd endeavours to operate all Events as described. However, the nature of High Country Women’s Cycling Pty Ltd Events requires participants to allow for changes or alternatives to any aspect of the Event due to circumstances which are beyond High Country Women’s Cycling Pty Ltd’ control.
4.2 High Country Women’s Cycling Pty Ltd reserves the right to make such changes at any time where they are deemed to be necessary by High Country Women’s Cycling Pty Ltd.
4.3 High Country Women’s Cycling Pty Ltd Events are costed according to a minimum number of participants. In the event of insufficient confirmed bookings 30 days prior to the commencement of the Event, High Country Women’s Cycling Pty Ltd reserves the right to cancel the Event and a full refund will be provided to all participants. No other compensation will be payable by High Country Women’s Cycling Pty Ltd to you.
4.4 High Country Women’s Cycling Pty Ltd will advise you of any major change to the Event as soon as it is reasonably possible and you may notify High Country Women’s Cycling Pty Ltd within 10 days of that notice (but not less than 5 days before the commencement of the Event) of your withdrawal from the Event with a full refund of monies paid to High Country Women’s Cycling Pty Ltd. However, High Country Women’s Cycling Pty Ltd shall not be liable to pay compensation to you.
4.5 A major change is one which substantially and materially alters the nature and substance of the Event as a whole, such as significant changes to the cycling itinerary or accommodation location or style, but does not include events of force majeure*.
4.6 All other changes are deemed to be minor.
4.7 Where changes must be made to a Event program due to force majeure*, no compensation will be paid and any cancellation by you will be subject to a cancellation fee. If the Event must be cancelled prior to its commencement due to force majeure*, High Country Women’s Cycling Pty Ltd will give a full refund less reasonable expenses incurred by High Country Women’s Cycling Pty Ltd. If the Event is cancelled due to force majeure* during the Event, no refund will be made except for expenses or costs which have not yet been paid by High Country Women’s Cycling Pty Ltd to third parties and which High Country Women’s Cycling Pty Ltd is not required to pay, or which have been refunded by third parties.
4.8 High Country Women’s Cycling Pty Ltd is not responsible for the costs of any other travel arrangements made by you which may be affected by any delay or cancellation, rescheduling or change of any aspect of the Event.
*Force majeure refers to any unusual and unforeseeable circumstance or event beyond High Country Women’s Cycling Pty Ltd’ control, the consequences of which High Country Women’s Cycling Pty Ltd could not avoid. Examples include war or threat of war, riots, political or civil strife or unrest, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, floods, health risk or epidemic, Acts of God, or other similar events.
5. LIABILITY FOR PERSONAL INJURY, LOSS OR PROPERTY DAMAGE
5.1 High Country Women’s Cycling Pty Ltd shall have no legal liability whatsoever:
a) for any loss or damage to your property, luggage or other personal effects, and such items shall remain at your risk at all times, including when being carried by or under the control of a High Country Women’s Cycling Pty Ltd representative;
b) for any inconvenience, delay, illness, personal injury, or death, or any other loss or damage you may suffer arising directly or indirectly from any aspect of the Event;
c) for any injury, damage, death, loss, accident or delay to you or your property due to an act and/or omission of any supplier or service provider to High Country Women’s Cycling Pty Ltd or by an Act of God;
d) for any loss, damage or delay due to an event of force majeure, sickness or injury to a participant on the Event, theft, or any other causes beyond High Country Women’s Cycling Pty Ltd’ control.
5.2 You must consider all travel, Event and itinerary information of relevant authorities and you acknowledge that your decision to participate in the Event is made in light of your consideration of such information and you assume the personal risks involved in such travel.
5.3 You agree, for yourself and your heirs, executors, administrators and assigns to release High Country Women’s Cycling Pty Ltd, its employees, agents, officers, representatives from any and all claims for loss, damage or injury suffered by you as a direct or indirect result of your participation in the Event and, to the fullest extent permitted by law, you expressly waive any claims you may have against High Country Women’s Cycling Pty Ltd arising out of or in connection with your participation in the Event. You acknowledge that the Event is adventurous, that bicycling is a strenuous activity and that there are inherent dangers, risks and certain elements of unpredictability associated with participating in the Event. You acknowledge and accept that cycling is a physically demanding sport carrying with it considerable risk of injury and potential danger of accident or collision which may result in injury and the possibility of death. You assume responsibility and liability for all associated risks of the Event.
5.4 Participation in a High Country Women’s Cycling Pty Ltd Event should only be considered if you are properly trained and in proper physical and medical condition to undertake the Event activities. You are responsible for determining whether you are able to meet the physical demands of the Event and your health and wellbeing throughout the Event remains your responsibility. If you have any doubts as to your health and fitness to participate, you should consult a medical practitioner before booking.
5.5 To ensure your safety and protection, High Country Women’s Cycling Pty Ltd requires an Australian Standards helmet to be worn at all times while riding.
5.6 You understand and agree that it is your responsibility to ensure your equipment including bicycle, helmet and all other associated equipment is fit for the purpose of participating in the Event and take full responsibility for your personal possessions and belongings for the duration of the Event. You agree to indemnify and keep indemnified High Country Women’s Cycling Pty Ltd from any claims whatsoever and agree not to hold, High Country Women’s Cycling Pty Ltd, it’s owner/s, employees or agents of the Event responsible nor hold liable for any loss or damage caused to personal possessions or equipment and further indemnify High Country Women’s Cycling Pty Ltd from any and all liability of whatsoever nature or kind caused as a result of use of your equipment whether to yourself or third parties.
5.7 Whilst every effort is made to accommodate participant’s dietary needs/requirements/allergies, no guarantee is given or responsibility is accepted for such dietary requirements. Participants take sole responsibility for such matters.
5.8 To the fullest extent permitted any condition or warranty which would otherwise be implied by law into these terms and conditions is excluded.
5.9 To the fullest extent permitted by law, any claim by you for indirect or consequential loss, loss of profits, economic loss, or for special, punitive or exemplary damages is excluded.
6. EVENT DETAILS, AND PARTICIPANT CONDUCT AND BEHAVIOUR
6.1 High Country Women’s Cycling Pty Ltd aims to provide a safe, enjoyable and memorable experience for all participants. However, High Country Women’s Cycling Pty Ltd Events are designed for people with an interest in bicycling with a particular physical ability and we ask that you consider the following before making a booking:
a) High Country Women’s Cycling Pty Ltd does not employ medical personnel. Any necessary medical care you need will be provided locally at your cost. High Country Women’s Cycling Pty Ltd will not be responsible or liable for the quality of the care or services that you receive;
b) For most High Country Women’s Cycling Pty Ltd Events there is no minimum or maximum age limit. However, given the physical demands of High Country Women’s Cycling Pty Ltd Events, we strongly recommend all participants ensure they have the physical and mental health to participate in Event activities, and especially cycling for the anticipated distances and inclines each day of the Event.
c) To be eligible to participate in the Event, You must be female and at least 18 years of age at the date of the Event
6.2 Participants are responsible for all travel arrangements and costs to and from the Event commencement and conclusion points unless High Country Women’s Cycling Pty Ltd has agreed otherwise in writing.
6.3 This event takes place in part in Victoria’s High Country National Parks and Wilderness Areas and subject to all inherent risks, regulations, directions and Authority of National Parks of the region.
6.4 High Country Women’s Cycling Pty Ltd representatives may be required to make decisions during the Event for the safety or wellbeing of you or the Event group and all such decisions of the representative are final. By making a booking, you agree to comply with such decisions of the representative.
6.5 All participants and High Country Women’s Cycling Pty Ltd representatives have a right to travel and work in a safe and enjoyable environment. High Country Women’s Cycling Pty Ltd may, at its absolute discretion, immediately remove you from the Event if you cause any threats to the safety or wellbeing of any person, or for inappropriate behaviour. In such circumstances, no refunds will be given and High Country Women’s Cycling Pty Ltd will not be liable for any costs or claims by you.
6.6 You are responsible for compliance with all laws of the country or countries in which the Event operates, including all traffic regulations and drug regulations. It is your responsibility to ensure you are aware of these laws and regulations.
6.7 Any costs incurred at accommodation facilities due to damage by you or requiring excess cleaning fees must be paid by you.
6.8 You must follow the instructions of the High Country Women’s Cycling Pty Ltd representative and take care of any equipment allocated for your use.
6.9 In the event that you are prevented from traveling on any form of transportation because you are deemed to be unfit for travel by an Event representative or a representative of the travel provider, High Country Women’s Cycling Pty Ltd has no further responsibility as to your journey or your participation in the Event. Full cancellation charges will be incurred by you and no refund will be given nor will High Country Women’s Cycling Pty Ltd be under any obligation to pay compensation or to cover any of your costs incurred as a result of such events.
7.1 Any complaints during the Event should be raised with the Event representatives, suppliers or service providers at the time so that issues may be resolved immediately.
7.2 High Country Women’s Cycling Pty Ltd will endeavour to address reasonable complaints relating to the standard of services provided on Event but it does not accept any legal liability relating to same and is not bound to give any refund, reimbursement or compensation for same.
8. ADDITIONAL REQUESTS, ACTIVITIES OR EXCURSIONS
8.1 Any special requests should be made to High Country Women’s Cycling Pty Ltd when booking. While High Country Women’s Cycling Pty Ltd will make reasonable endeavours to meet special requests it has no liability to you if they cannot be met.
8.2 Any additional activities or excursions during the Event may be arranged by Event representatives locally at your request. However, High Country Women’s Cycling Pty Ltd is not obliged to do so and the contract for its provision shall be between you and the service provider. High Country Women’s Cycling Pty Ltd shall have no liability with regards to such arrangements.
9. THIRD PARTY CLAIMS
9.1 You agree to indemnify High Country Women’s Cycling Pty Ltd against all third-party claims, actions, damages and remedies which may be brought against High Country Women’s Cycling Pty Ltd in respect of your participation in the Event.
10. WHAT IS NOT INCLUDED IN THE EVENT PRICE
10.1 Airfares and other travel expenses incurred to and from the Event commencement and completion points, airport taxes, passport, visa and any other permit or certificate fees, insurance, bicycle hire, any personal expenses, medical fees, sightseeing, entrance fees, and meals not included in the itinerary, baggage costs, optional activities and excursions and the like are not included in the Event price unless specifically included as part of the itinerary or agreed in writing.
11. PROMOTIONAL MATERIAL
11.1 You agree for that your image (video and photo) may be taken by High Country Women’s Cycling Pty Ltd representatives and used by High Country Women’s Cycling Pty Ltd for any promotional purposes such as use in social media, brochures and/or advertising material or publicity material without obtaining further consent from you or providing you with any payment in respect of such use. The grant of such a licence is irrevocable and operates worldwide.
12. PERSONAL DETAILS AND PRIVACY
12.1 High Country Women’s Cycling Pty Ltd requires some personal information in order to make the necessary Event arrangements. Necessary details include your full name, your gender and date of birth, food allergies, intolerances and dietary requirements and any pre-existing and current medical conditions and medications which may affect your ability to participate in the Event or are relevant to participating in the Event.
12.2 Any personal information that High Country Women’s Cycling Pty Ltd collects from you may be used for any purpose associated with arranging or operating the Event. The information may be disclosed to High Country Women’s Cycling Pty Ltd’ agents, service providers or other suppliers in order to arrange or operate the Event. High Country Women’s Cycling Pty Ltd will otherwise treat your details as private and confidential.
13. LAW AND JURISDICTION AND DISPUTES
13.1 This contract shall be governed by laws of the State of Victoria, Australia and shall be subject to the jurisdiction of the courts of Victoria.
13.2 The exclusive venue for any action against High Country Women’s Cycling Pty Ltd shall be in the courts of the State of Victoria, Australia.
13.3 If any provision of this Contract is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed to be amended accordingly or severed from the Contract. The remaining terms and conditions of the Contract shall remain valid and enforceable and continue to be binding.
13.4 If you are unsuccessful in any legal action instituted against High Country Women’s Cycling Pty Ltd, you agree to pay all High Country Women’s Cycling Pty Ltd’ costs, including but not limited to any legal costs High Country Women’s Cycling Pty Ltd may incur on a full indemnity basis.