Tasmania Cycling Tour Terms & Conditions
Terms
The visitingjamestown Cycling Tour of Tasmania is subject to the terms and conditions listed below. By booking your trip and paying a deposit, you confirm that you are over the age of 18 and have read, understood, and accept these terms and conditions in their entirety.
1. Passport and Visas
Visas are the responsibility of the individual traveller. Entry requirements can change at any time, so it’s important that you check for the latest information. Please visit the relevant consular website of the country or countries you’re visiting for detailed and up-to-date visa information specific to your nationality. Visas can take several weeks to process, so familiarise yourself with any requirements as soon as you have booked your trip to allow for processing time. All nationalities should check with the Australian Embassy or Consulate in their country for up-to-date visa information.
2. Medical and Health Information
All guests need to be in good physical health in order to participate fully on this trip. Please make sure you have read through the itinerary carefully and assess your ability to cope with our style of travel. Please note that if, in the opinion of our group leader or local guide, any traveller is unable to complete the itinerary without undue risk to themselves and/or the rest of the group, visitingjamestown reserves the right to exclude them from all or part of a trip without refund.
3. Price
The prices displayed online include taxes where applicable and are the agreed price to be paid at the time of booking. A deposit payment is required to confirm your booking and the balance payment is due 90 days prior to your tour commencement date.
4. Payment
4.1 Upon receipt of your Booking Form, we will make contact with you to confirm the status of your booking and finalise any additional information we may require. Thereafter we will issue you with an invoice for a non-refundable deposit payment. We accept payment by credit card, Paypal or bank transfer. Upon receipt by us of your deposit payment, your booking becomes confirmed, and notification will be provided to you in this regard.
4.2 Final Payment – unless otherwise agreed in writing, the final payment must be received by visitingjamestown no later than 90 days prior to the Tour commencement date.
4.3 Where a Booking is made less than 90 days before the Tour commencement date, full payment must be made at the time of the Booking.
4.4 If payment is made by credit card, a surcharge will be added to the total price. The current surcharge for all credit cards is 1.8% of the total price.
4.5 If payment has not been received by due date, visitingjamestown reserves the right to cancel your booking.
5. Cancellations by the Customer
5.1 Should you need to cancel your trip for whatever reason, please give us notice by emailing service-clients@visitingjamestown, after which we will confirm your cancellation with an email.
5.2 Charges – Unless otherwise agreed by visitingjamestown and the Customer in writing, the following cancellation charges are payable by the Customer based on the number of days prior to the Tour commencement date.
• 91 days or more: receive a refund of all payments already made (excluding deposit).
• 90 – 61 days prior: refund of 25% of payments already made (excluding deposit).
• 60 – 0 days prior: No refund available.
5.3 The Customer agrees the sums referenced in the cancellation provisions above are not a penalty and represent a genuine pre-estimate of the loss and damage to which visitingjamestown will be subject in the event of such cancellation. These include, amongst other costs but not limited to, fees charged by hotels and travel suppliers to visitingjamestown for cancelled bookings, plus costs associated with work undertaken to date.
5.4 visitingjamestown may treat a booking as cancelled and levy cancellation charges that visitingjamestown may have incurred, if the Customer does not pay the balance of the Travel Arrangements price at 90 days prior to the Tour commencement date.
5.5 Based upon the above provisions, travel insurance is mandatory and should be taken out within a week of booking the trip, as it should provide protection to cover your cancellation fees should the need arise. It remains your responsibility to take out adequate and appropriate insurance in this regard.
6. Force Majeure
“Force Majeure Event” means unusual and/or unforeseeable events, beyond the control of visitingjamestown or the Suppliers, that affect the ability of visitingjamestown to provide the Services or the ability of the Suppliers to provide Products, including, but without limitation, acts of God, flood, drought, earthquake, extreme weather or other natural disaster, epidemic, pandemic or significant risk to human health such as the outbreak of disease (including but not limited to COVID-19 and any disease caused by a new strain of the coronavirus), terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law, guidance or advice issued, or any other action taken by a government (local or national) or port, border, river and/or aviation authority (local or national) or other public authority, collapse of buildings, fire, explosion or accident, or interruption or failure of utility service.
7. Trip Modifications/Alterations/Cancellations by visitingjamestown
7.1 We reserve the right to cancel or alter your trip at any time prior to your departure date or during the trip, due to Force Majeure events outside of our control. In such event, visitingjamestown will not be responsible for any refunds, damages incurred or compensation claims whatsoever. It is therefore a requirement that you take out appropriate travel insurance to protect and cover you against such eventualities occurring.
7.2 If the COVID-19 pandemic is the cause of visitingjamestown cancelling the trip cancellation, visitingjamestown will issue a Trip Credit of the full amount paid to be used towards any future visitingjamestown trip within a period of 24 months of the trip. A Trip Credit cannot be converted to a refund at a later date. visitingjamestown will not be responsible for any travel-related costs or extra costs incurred by the guest.
This Trip Credit will constitute full settlement.
7.3 We also reserve the right to cancel or alter your trip at any time based upon insufficient bookings being received, prior to the Tour commencement date (at our discretion), although we assure you that we will only do this when strictly necessary and will inform you immediately of any such alterations. In the event of such a cancellation, visitingjamestown will issue a full refund of any amounts paid.
7.4 We reserve the right to make accommodation and route modifications which may become necessary due to circumstances beyond our control and undertake to inform participants as soon as possible.
7.5 Subject to the provisions of Clause 7, visitingjamestown will refund the Customer the Refundable Amounts within a reasonable time after cancellation. However, the Customer acknowledges and agrees that in certain circumstances, a refund will be delayed if visitingjamestown requires the refund to be processed by a Supplier.
8. Obligations, Responsibility and Liability
8.1 visitingjamestown acts only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities or other goods and services connected with your tour. You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by visitingjamestown, and are not agents or employees of visitingjamestown. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the relevant country. visitingjamestown will not provide any refund for a Supplier’s delay, cancellation, overbooking, or strike.
8.2 Visa Requirements – it is the Customer’s responsibility to ensure that the Customer has valid passports, visas and permits which meet the immigration and governmental requirements of the country of travel.
8.3 The Customer agrees and acknowledges that visitingjamestown will not be liable for any loss or damage incurred by the Customer due to the Customer’s failure to obtain any valid passports, visas, permits or any other governmental requirements of the countries of transit or travel.
8.4 Our tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By agreeing to these terms, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour. visitingjamestown assumes no responsibility for any medical care provided to you. You agree to be responsible and pay for all costs of medical care and related transportation that are provided to you during the tour.
8.5 It is the Customer’s sole responsibility to: a) obtain any vaccinations or take any other health precautions applicable to the country of travel; b) take all steps reasonably necessary to identify whether they have any pre-existing medical conditions or health issues (whether known or unknown) that may preclude, delay, affect or interfere with the Travel Arrangements.
8.6 You must strictly comply with all local laws, respect local customs and culture, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, visitingjamestown or the local guide/supplier has the right in its sole discretion to remove anyone a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from others’ enjoyment of the tour.
9. Other Responsibilities
You shall:
- Sign waiver form prior to commencement of the trip.
- Have adequate and appropriate travel insurance for the trip. To this end we recommend travel insurance be taken out within a week of booking the trip, as it should provide protection to cover your cancellation fees should the need arise.
- Ensure you are of an appropriate level of fitness to participate in our tour.
- Provide a medical certificate to us in this regard and notify us of any medical ailments from which you suffer that may compromise your ability on any parts of the tour.
- Follow the instructions of our professional ride guides at all times.
- Wear a helmet at all times whilst cycling.
- Not cycle when under the influence of alcohol or drugs.
- Obey all road rules and regulations both on and off the bike.
- Respect other road users who are not involved in the tour.
10. Travel and Medical Insurance
It is mandatory that all Customers insure themselves against loss of Deposit, cancellation charges, medical and repatriation expenses, personal injury, illness (including Covid) and accident, death, loss of personal possessions or baggage, and any other foreseeable loss, expense, cost, damage or liability related to the Travel Arrangements. Your insurance must also cover you for cycling activities and the associated risks, as well as your cycling equipment. visitingjamestown expressly excludes liability to the Customer or any third party for any loss, expense, cost, damage or liability arising from or in any way related to a Customer’s failure to obtain suitable travel insurance.
11. Bikes/Maintenance
You hereby confirm and acknowledge that your bike shall be suitable for your trip, well maintained and in good condition. You shall also be solely responsible for assembling, repairing and maintaining your bike during your trip. If you rent a bike for this trip, you are responsible ensuring it is well maintained and remains in good condition. You shall be responsible for returning it in the condition you hired it or as agreed with the third party supplier you hired it from.
12. Waiver
Prior to the commencement of the trip, you are required to sign this waiver form.
Furthermore, visitingjamestown is not liable for personal injury, death, damage to property or other loss whether arising from accident, cancellation, delays or any other matter beyond our control. By booking your trip, you: acknowledge that you have received and read all guidance provided by us in relation to your trip; accept that any guidance given by us as regards climate, clothing, special equipment, topography etc. is done so in good faith, but accept that we cannot confirm its accuracy or completeness; acknowledge that it is your responsibility to arrange insurance to cover you during your trip; confirm that you are aware of the physically strenuous nature of your trip and accept the risks and hazards of our trips, including the dangers inherent in cycling either on the road or off the road and any risks that result from (amongst other things) adverse weather conditions and the variable condition of roads and/or tracks; accept that: (a) whilst we may refer you to external activity operators during your trip, we have not done any due diligence on these external activity operators and do not provide any guarantee as to the services they provide; and (b) we shall not be liable for the acts or omissions of external activity operators and you participate in all activities organised by any such third parties on their terms and conditions and at your own risk. Confirm that you are sufficiently fit and healthy to complete your trip and are aware of no medical reason or condition which would prohibit you from completing your trip; accept the potential for (amongst other things) delays, alterations, loss of or damage to property, inconvenience and discomfort; and accept that you participate in your trip, and cycle, at your own risk.
13. Liability
We shall not be liable to you for any: loss of, or damage to, your property caused by your own act or omission; claim for disappointment; or claim for loss of enjoyment; or loss incurred as a result of Events Outside of Our Control; or loss incurred due to the theft of bicycles; or loss incurred due to injury as a result of cycling either on or off road, or loss related to any business of yours such as lost data, lost profits, loss of business, loss of contracts, loss of goodwill or other business loss that you may incur as a result of any breach of these terms and conditions; or other special, indirect or consequential losses.
If you have any concerns while on your trip, please communicate those concerns directly with your visitingjamestown guides and allow us to address them immediately.
14. Protection of Personal Information
We will use the personal information you provide to us to process your payment for your trip and inform you about similar products or services that we provide. We will not give your personal data to any other third party.
15. Photography or Recording During Travel
15.1 visitingjamestown reserves the right to take photographs or video or audio recordings during the operation of any Travel Arrangements or part thereof and to use them for promotional purposes during the Travel Arrangements and thereafter.
15.2 By making a Booking with visitingjamestown, Customers agree to allow their images and/or voice to be used in such photographs, video and recordings.
15.3 Customers who prefer that their images and/or voice not be used are asked to identify themselves to an visitingjamestown representative at the beginning of their Travel Arrangements.
16. Governing Law
These Conditions are governed by and are to be construed in accordance with the laws of the State of NSW and Australia.
17. Miscellaneous
17.1 visitingjamestown’s failure to enforce any of these Conditions shall not be construed as a waiver of any of visitingjamestown's rights.
17.2 If any Condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the Conditions without affecting the enforceability of the remaining conditions.
17.3 visitingjamestown reserves the right to correct any errors or omission in its published materials and to amend these Terms and Conditions at any time.
18. Travel Advisories and Warnings
It is the responsibility of the Customer to be informed about the most current travel advisories and warnings by referring to their respective Government’s website. In the event of an active Travel Advice against travel to the specific destination location(s) of the trip, should the Customer still choose to travel, notwithstanding any travel advisory or warning, the Customer assumes all risk of personal injury, death or property damage that may arise out of events like those advised or warned against.
