Tour Terms and Conditions

 We are Guided Rides Australia Pty Ltd, a company registered in New South Wales, ACN 673 417 411 (ABN 58 673 417 411). 
These terms and conditions are your contract with us for provision of any Guided Ride Services you book with us.
In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 25 years old at the time of booking, hold a motorcycle licence and have a minimum of 2 years heavy weight motorcycle riding experience) and all persons on whose behalf you make a booking.
These are the agreed terms
Definitions

"Tour"	means any guided ride, adventure and activity constituted in the services we offer."Guided Ride Services"	means our service in providing a Guided Ride Service.
The contract between us

1.	Guided Rides Australia Pty Ltd Tour Services vary. Whatever Tour you choose, the terms of this contract will apply unless we indicate otherwise.

2.	The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Tour we describe on our website.

3. 	If we are unable to accept your booking, we will of course return your payment to you immediately.
4. 	When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Competition and Consumer Act 2010. 
5. 	For you to make a booking, we require your deposit and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by post or email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.
Your authority to book for others
1. 	If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
2. 	It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.
3. 	As lead member of your party, we will deal only with you in our correspondence.
What is included in the price of a Guided Rides Tour?
1. 	travel from the meeting point to your return to the departure point (which is to be the same place);
2. 	accommodation (with meals on Welcome night and Farewell Night);
3. 	drinking water at rest stops;
4.  Motorcycle Hire (and helmet if not using your own); 
5.  Entry costs to included tours as per itinerary; 
6.  Support vehicle; 
7. 	Lead Rider and support person.
What is NOT included?
1. 	return flights to the starting point outlined in the itinerary for the Tour;
2. 	all other costs incurred before you arrive at the meeting point and after you return to the departure point;
3.	 travel insurance or any other insurance personal to you;
4.  food and drink over and above what we include in the Tour;
5.  gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate
6.  Protective gear such as long pants, long sleeved shirts and boots suitable for riding as well as wet weather gear.
7. 	Personal spending money for souvenirs, food and drinks during the Tour.
Tour prices
1. 	When you make your booking, we shall ask you for a deposit of 25% of the total cost. Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another Guided Rides Tour. The balance of the price must be paid at least 90 days before your departure date. If the balance is not paid on time, we shall cancel your place on the tour and retain your deposit.
2. 	Any booking made less than six weeks prior to the departure date must be accompanied by full payment at the time of making the booking.
3. 	We shall not change the price of your booking once we have accepted your booking.
Special requests
Any special requests relating to your travel arrangements must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirmation in writing to you at least 6 weeks before your departure date.
Motorcycle supply 
The motorcycles are provided by Guided Rides Australia Pty Ltd and/or its agents or third-party suppliers, and the cost is included in the tour price.
1. 	Guided Rides Australia Pty Ltd will attempt to provide the trip participants with the model of motorcycle confirmed to the participant. If after having confirmed the model of motorcycle requested and prior to departure we find that it is necessary to substitute a different model, we will notify you as soon as possible. A refund for the difference in models, if any, will be refunded to you. If you do not wish to accept the proposed substitution you will have the right to cancel your tour, in which case cancellation fees as outlined in the Booking Conditions and Trip Terms and Conditions will apply.
2.	 Unexpected and uncontrollable situations may require last minute substitution of a motorcycle including after the trip has begun. This may include, but is not limited, to mechanical failure, collision, damage and theft. In this circumstance Guided Rides Australia Pty Ltd reserves the right to substitute the type of motorcycle confirmed. Should we not be able to replace a motorcycle with the confirmed type or similar a prorated refund for the difference in models, if any, will be refunded to the participant.
3. 	The motorcycle that is provided to the participant will be insured, but you will be liable for any damage excess as imposed by the motorcycle supplier for any damage to the motorcycle deemed by Guided Rides Australia Pty Ltd and/or our third-party supplier to have been your responsibility. The term ‘damage’ is to exclude reasonable wear and tear. Minor blemishes or paint chips caused by gravel, stones and insects are considered normal wear and tear however damage or scratches caused by an accident, dropping a motorcycle or riding it through bushes or off roadways is not considered normal wear and tear.
4.  You are able to limit your exposure to the initial damage excess through the purchase of an Excess Reduction Policy (ERP). This policy operates to reduce the excess you are exposed to by payment of a daily fee for the duration of the tour. You may exercise this option at the time of booking and prior to tour commencement. Once the tour commences you will be unable to exercise this ERP option.
5.  The participant is solely responsible for the ignition keys during the normal course of a riding day. Should they be lost or stolen due to neglect or failure to follow the tour leaders’ instructions the participant is responsible for the cost of replacement.
Riding your own motorcycle 
On some tours or expeditions we may offer you the option to ‘bring your own’ motorcycle. You are responsible for ensuring that your motorcycle is suitable and roadworthy enough to take part in your selected tour or expedition.
1. 	Guided Rides Australia Pty Ltd reserves the right to refuse to accept the involvement of a motorcycle due to the unsuitability of the model for the terrain to be travelled and/or the lack roadworthiness of the motorcycle. This decision can be made at any time prior to the first ride day of the tour and is final.
2. 	In the event of an accident or breakdown, where the motorcycle can no longer continue on the journey, no refund will be made nor will Guided Rides Australia Pty Ltd be liable to pay you any compensation for unused services or items, including, but not limited to motorcycle spare parts, tyres, accommodation, excursions, airport transfers and airfares.
3. 	Guided Rides Australia Pty Ltd is under no obligation to carry a tour participant’s motorcycle to the tour end point destination.
4.  No refund will be paid nor will Guided Rides Australia Pty Ltd be liable to pay you any compensation for unused services or items, including, but not limited to accommodation, airport transfers and internal flights due to the late arrival of your motorcycle to the tour starting point.
5.  Guided Rides Australia Pty Ltd is not responsible for any incidental expenses that you may incur as a result of the late arrival of your motorcycle, including, but not limited to, additional accommodation, airfares or any costs associated with you re-joining the group.
Minimum participants required for the Tour
1.  As stated on our website, a minimum number of participants are required in order for the Tour to go ahead. Therefore we have a right to cancel any Tour for which there are insufficient reservations.
2.  In the event of a cancellation for a tour for which there are insufficient reservations, we reserve the right to cancel any Tour, for which there are not enough bookings, not less than six weeks prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) may be transferred to an alternative Guided Rides Australia Pty Ltd Tour.
3.  If there are no other Guided Rides Tours available for which you are able to attend, then we will provide a full refund of money paid. 
4.  You agree that all these provisions are reasonable.
Changing your booking
We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of $150.00 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made.
Transferring your booking
If you would like to transfer your booking from one person to another, the following terms apply:
1.  The transferee must satisfy any special conditions or qualifications applicable to the Tour.
2.  You must inform us about your intention to transfer your booking to the transferee at least fourteen days before the departure date in writing or through email.
3.  You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
4.  Our administration charge for a transfer made more than 30 days before departure is $150. For transfer made within 7 days before departure the administration charge is $300.
5.  We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Tour Service which you do not use.
Cancellation by you
1.  If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:
more than 42 days before departure:	Depositbetween 41 and 30 days before departure:	30% of booking costbetween 20 and 7 days before departure:	70% of booking cost6 days or fewer before departure:	No refund
2.  In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Guided Rides Australia Pty Ltd Tour you choose. But whether we do so is in our discretion, for which we do not have to give a reason.
3.	 In any of the above circumstances, we will return any money due to you within 14 days.
Note: we strongly recommend that you take out Tour insurance which covers the cost of cancellation.
If we cancel your Tour or make changes
Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Tour. If that happens the following terms apply:
1.  We will always inform you as soon as possible about any change. If that happens you may:
1.1  accept the change; or
1.2  accept our offer of alternative travel arrangements of a comparable standard; or
1.3  cancel your booking, whereupon we will give you a full refund of all money paid less any cancellation fee charged by third party providers.
2.  Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.
Image and Likeness
You grant us the right to take photographs and videos of you in connection with your participation in the Tour.  You authorise us to copyright, use and publish your image and likeness in print and/or electronically for marketing purposes and the like. 
Health and Fitness
1	 You are responsible for ensuring that you are fit and healthy enough to participate in your selected Tour and that you do not have any medical condition that would preclude you from riding. 
2	 You are required to disclose on booking any relevant medical conditions including allergies and medications that you are required to take on a regular basis.  We reserve the right to require you to provide a medical certificate confirming that the medical conditions disclosed do not preclude you from riding.  
3	 You agree that should you be affected by any illness, serious injury or other foreseen circumstances that we, and our lead rider, can arrange any urgent medical treatment or emergency evacuation as deemed necessary for your safety and that all such costs will be borne by you and your travel insurance. 
4  If, you require first aid treatment, you give permission to our lead rider and/or support person to provide such treatment including where necessary use of medication such as adrenaline auto-injector or other medication detailed in the documents provided on registration for the tour.  We confirm that both the lead rider and support person have the requisite First Aid Certificates.  
Acceptance of Risk 
You acknowledge that the nature of the trip is adventurous, and participation involves a degree of personal risk. You acknowledge your journey will have the usual risks of travel, and the additional risks that are associated with adventure travel and motorcycling. You accept these risks and the possibility of personal injury, death, property damage or loss which may result from your decision to participate in the tour or expedition.
1. 	You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater that those present in our daily lives. We use information from government departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary.
2.  Motorcycling can be dangerous and traffic conditions, roads, weather and other conditions as well as the actions of other members of the trip can influence those risks.
3.  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 risk attendant upon such travel.
4.  You will be required to sign a Release and Waiver Form before you can participate in a tour or expedition.
If you have a complaint
Your point of contact during the Tour will be:
Melissa Jackson – email: melissa@guidedridesaustralia.com.au – phone: +61 TBA.
If you have a problem during your Tour it is most important that you immediately inform our representative. If you complain only after you have returned home, we shall not be able to investigate the problem - for your benefit and ours. If that happens, you may lose your right to compensation.
If you feel our representative has not resolved your problem please write to us within 14 days of your return giving us full details of your Tour and concise details of the complaint and any subsequent history.
Limitations of Liability
To the fullest extent permitted by Law, Guided Rides Australia Pty Ltd excludes all liability for any loss or damage whatsoever (including, but not limited, to loss or damage to property of whatsoever nature, physical and psychological injury, economic loss, disappointment or inconvenience) that may arise in any way in connection with the supply of goods or services through or by Guided Rides Australia Pty Ltd or by any third party supplier.
1.  Guided Rides Australia Pty Ltd does not accept any responsibility or liability for any acts, omissions or defaults of third-party service providers such as airlines, hotels, site seeing, transfer, vehicle hire services and the like, whether negligent or otherwise over whom we have no direct control.
2.  Guided Rides Australia Pty Ltd will not be liable to pay the participant any compensation if the contractual obligations detailed in these terms and conditions are affected by any event which we or our suppliers could not, even with all due care and attention, foresee or avoid. These events can include, but are not limited to acts of war, threats of war, civil unrest, terrorist activity, riot, pandemic, acts of government or other national or state authorities including port or river authorities, industrial disputes, border closures, natural or nuclear disasters, fire, chemical disasters, adverse weather conditions, sea, ice or river conditions or any similar events outside of our or our suppliers control.
3.  Guided Rides Australia Pty Ltd is not responsible for participant’s personal effects if they are lost, stolen or destroyed. Guided Rides Australia Pty Ltd cannot be held liable for any such loss irrespective if personal items are being carried on the support vehicle/motorcycle or lost during a shipment organised by us.
4.  Guided Rides Australia Pty Ltd is not responsible for any accidents. It is agreed and understood that neither Guided Rides Australia Pty Ltd nor its agents, employees and sub-contractors, including ride leaders and support vehicle drivers, are the guardians of any customer safety and that they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the tour which might result in injury, death or other damage to the customer, his property or his family heirs or assigns.
Help we need from you
Your information pack will provide details about your chosen Tour, but the following are contractual matters:
1.  All Guided Rides Australia Pty Ltd Tours require you to have an unrestricted motorcycle licence and a minimum of two (2) years heavy weight motorcycle riding experience.
2.  If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Tour.
3.  If at any time, it is our opinion (given by the lead rider or support person) that you are acting or riding in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, the lead rider or support person has absolute discretion to remove you from the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other Tour participants.
3.1  If at any time, we are required to take the action referred to in clause 20.3 Guided Rides Australia Pty Ltd will not be required to refund to you any amount paid for the Tour for any days remaining or included or optional tours paid as part of the Tour.  Guided Rides Australia Pty Ltd will not be liable for any costs incurred by you personally in arranging your own return to the departure point. 
4.  As this is a guided ride Tour and you will be riding a Harley-Davidson motorcycle or equivalent, there is a strict no alcohol or illicit drug policy that applies to all Tour participants.  If our lead rider or support person forms the view that you have consumed excessive alcohol at any of the stop overs during the Tour and are over the limit permitted in the relevant state that the Tour is in at the time, you will be removed from the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other Tour participants. 
4.1  If at any time, we are required to take the action referred to in clause 20.4 Guided Rides Australia Pty Ltd will not be required to refund to you any amount paid for the Tour for any days remaining or included or optional tours paid as part of the Tour.  Guided Rides Australia Pty Ltd will not be liable for any costs incurred by you personally in arranging your own return to the departure point. 
Your responsibilities as a motorcyclist
In addition to clause 20, as a rider on tour or expedition you agree to follow the safety guidelines prescribed and accept the following standards and terms. Where there is any inconsistency between this clause and Clause 20, this clause prevails. 
1.  If a participant operates a motorcycle after drinking an alcoholic beverage or using mind altering drugs the rider will incur unlimited liability for damage to the motorcycle. Guided Rides Australia Pty Ltd is not obliged to replace a motorcycle damaged by a participant in these circumstances.
2.  Participants who intend to operate a motorcycle provided by Guided Rides Australia Pty Ltd must be at least 25 years old and must have an unrestricted motorcycle licence. Participants must also attest that they have at least 2 years of experience operating a motorcycle of similar size or larger than the motorcycle that will be provided.
3.  If the participant does not comply with local traffic laws or does not practice safe group travel practices as described by the tour leader and by guidelines provided the agreement with the rider may be cancelled and riding privileges will be suspended.
4.  Riding privileges will be suspended from anyone under the influence of drugs or alcohol. Participants agree to refrain from alcoholic beverages until the motorcycles have been parked for the night.
Terms and conditions of third party providers
1  Many of the services we provide, including options which may occur from time to time during your Tour, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.
2  Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.
Miscellaneous matters
1.  If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
2.  Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
3.  No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
4.  The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
5.  For the purposes of the Privacy Act 1988 each party consents to the processing of his personal information (in manual, electronic or any other form) relevant to this agreement, by the other and/or any agent or third party nominated by that other and bound by a duty of confidentiality. 
6.  In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
7.  So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
8.  Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:if delivered by hand: on the day of delivery;If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
9.  The validity, construction and performance of this agreement shall be governed by the laws of State of New South Wales and the parties agree that any dispute arising from it shall be litigated only in that State.