Website Terms and Conditions of Use

1.1. Welcome to www.australianalpinecyclingretreats.com.au (the ‘Website‘). The Website Cycle retreat holidays (the ‘Services‘).

1.2. The Website is operated by Australian Alpine Cycling Retreats PTY LTD (ACN 623 344 230). Access to and use of the Website, or any of its associated Products or Services, is provided by Australian Alpine Cycling Retreats . Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Australian Alpine Cycling Retreats reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Australian Alpine Cycling Retreats updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Australian Alpine Cycling Retreats in the user interface.

3.1. In order to access the Services, you must first register for an account through the Website (the ‘Account‘).

3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) an email address

3.3. You warrant that any information you give to Australian Alpine Cycling Retreats in the course of completing the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Australian Alpine Cycling Retreats ; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4.1. As a Member, you agree to comply with the following: (a) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Australian Alpine Cycling Retreats of any unauthorised use of your password or email address or any breach of security of which you have become aware; (d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Australian Alpine Cycling Retreats providing the Services; (e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Australian Alpine Cycling Retreats ; (f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Australian Alpine Cycling Retreats for any illegal or unauthorised use of the Website; and (h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:

 (a) Credit Card Payment (‘Credit Card’)

 5.2. All payments made in the course of your use of the Services are made using Stripe (‘Stripe‘). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

 5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

5.4. You agree and acknowledge that Australian Alpine Cycling Retreats can vary the Services Fee at any time.

Australian Alpine Cycling Retreats will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Australian Alpine Cycling Retreats makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).

7.1. The Website, the Services and all of the related products of Australian Alpine Cycling Retreats are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Australian Alpine Cycling Retreats or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Australian Alpine Cycling Retreats , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use. Australian Alpine Cycling Retreats does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Australian Alpine Cycling Retreats .

7.3. Australian Alpine Cycling Retreats retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7.4. You may not, without the prior written permission of Australian Alpine Cycling Retreats and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8.1. Australian Alpine Cycling Retreats takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Australian Alpine Cycling Retreats ‘s Privacy Policy, which is available on the Website.

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Australian Alpine Cycling Retreats will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Australian Alpine Cycling Retreats make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Australian Alpine Cycling Retreats ) referred to on the Website. This includes (but 5 is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of Australian Alpine Cycling Retreats ; and

(d) the Services or operation in respect to links which are provided for your convenience.

10.1. Australian Alpine Cycling Retreats ‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2. You expressly understand and agree that Australian Alpine Cycling Retreats , its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.1. The Terms will continue to apply until terminated by either you or by Australian Alpine Cycling Retreats as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) providing Australian Alpine Cycling Retreats with 30 days’ notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where Australian Alpine Cycling Retreats has made this option available to you. Your notice should be sent, in writing, to Australian Alpine Cycling Retreats via the ‘Contact Us’ link on our homepage.

11.3. Australian Alpine Cycling Retreats may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Australian Alpine Cycling Retreats is required to do so by law;

(c) the provision of the Services to you by Australian Alpine Cycling Retreats is, in the opinion of Australian Alpine Cycling Retreats , no longer commercially viable.

11.4. Subject to local applicable laws, Australian Alpine Cycling Retreats reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Australian Alpine Cycling Retreats ‘s name or reputation or violates the rights of those of another party.

12.1. You agree to indemnify Australian Alpine Cycling Retreats , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

 (c) any breach of the Terms.

13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 13.2. Notice: A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 13.3. Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must: (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in New South Wales, Australia. 13.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. 13.5. Termination of Mediation: If have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by Australian Alpine Cycling Retreats is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

YOUR HOLIDAY CONTRACT

Your contract is with Australian Alpine Retreats Pty Ltd (Trading as Australian Alpine Cycling Retreats). Below are the details of the terms and conditions of the booking agreement. Please read them carefully. When you make a booking and we accept it, a legally binding contract is made. When you complete the booking process, you (and any other person on whose behalf you book) agree to accept all of these conditions, you acknowledge that you have read the relevant Trip Notes and the General Information. You also warrant that the information given by you when making a booking is complete and true. A contract will exist as soon as we issue our confirmation invoice.

Our prices are in Australian Dollars. To reserve your tour we require a deposit of 50% per person. The balance of your payment is due 60 days prior to departure. If reserving your trip within 60 days of departure, full payment is required. After completing the online booking form and paying the deposit/balance, we will send you a receipt/invoice for the tour you have chosen.

Exchange rates
If you pay for your trip in a different currency we use www.xe.com to calculate the rate. This rate is calculated from the date we receive your deposit, after which our normal booking and payment terms and conditions apply.

Accommodation
If you are travelling by yourself you will be paired up with another single client of the same sex if possible, or a compatible roommate. If we are unable to find a roommate the client will be liable to pay the single supplement fee before the trip starts (we will notify 14 days before the trip).

Single supplement
If you wish to have a private room for the whole trip we do charge a single supplement to individual travellers. Contact us for the supplement fee.

Cancelling/Switching Trips/transfer to another person
If you must cancel your reservation, the fees for doing so are as follows:

DAYS PRIOR TO DEPARTURE CANCELLATION FEE
91+     Admin fee – $75
61-90    25% of trip price
31-60     50% of trip price
0-30     100% of trip price

If you, or any member of your party, decide to cancel your travel arrangements at any time, written notification from the person who made the booking or on your behalf must be received at our offices.  Cancellation charges as shown above will be applicable.

If you wish to transfer to another holiday, we will do our utmost to arrange this but it may not always be possible. Any such request must be made in writing from the person who made the booking. If you wish to transfer to another tour/retreat you will be asked to pay an administration charge of $75, plus any further costs we incur in making this alteration. You should be aware that costs incurred in transferring a booking could increase the closer to the departure date they are made and you should therefore contact us as soon as possible. You cannot transfer your tour/retreat later than 6 weeks prior to departure.

You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 21 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.

Cancellation Insurance
We strongly recommend you purchase cancellation insurance to protect yourself from unexpected circumstances that may cause you to cancel your trip, against the loss of deposit or cancellation charges.

Cancellation by Australian Alpine Cycling Retreats (AACR)
AACR reserves the right to cancel any trip at any time for any reason determined at our sole discretion, including if there are too few participants, or if the quality of the trip or the safety of guests is judged by AACR to be compromised. In these circumstances, refund of payments received by AACR shall constitute full and final settlement. In the event of cancellation, AACR is not responsible for any loss incurred on account of non-refundable or non-transferable air tickets or other unrecoverable travel costs.

Responsibility
Your booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability that might affect your holiday or other group members’ enjoyment of it, before you book your holiday. If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered and, in this eventuality, we will give a full refund but no compensation. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in our printed trip information and pre-departure information pack.

Medical questionnaire
We require all guests to fill out a Medical questionnaire which will be sent to you after you have paid your deposit. The document must be completed and returned to us prior to the balance on the tour being paid. Our receipt of the completed and signed form will complete your reservation.

What responsibilities do I assume as a guest?
Guests are responsible for ensuring that they have a suitable level of experience and fitness for the tour they sign up for. We require guests to advise us of all medical and dietary problems/restrictions prior to the tour/retreats. Guests are responsible for showing up at the designated starting point with the appropriate gear and clothing.

Passports, Visas, And Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

External Travel Services
AACR may recommend the services of other support outside of the scope of an AACR tours. We endeavour to recommend only companies that provide the highest levels of service, we do not guarantee the services provided by third parties. AACR is not liable for any injury, expenses or costs arising from any services, or lack thereof, provided by any third party nor the standards of care which travellers experience when using those services.

Optional activities, excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any optional activity, excursion, or other tour that you book, your contract will be with the operator of the activity, excursion or tour and not with us. We are not responsible for the provision of the activity, excursion or tour or for anything that happens during the course of its provision by the operator.

Travel and Cancellation Insurance
To take part in one of our tours/retreats you must be covered by adequate insurance for the complete duration of your holiday. Your insurance must include cover for; medical expenses, injury, death, cost of repatriation and evacuation via whatever means necessary including by helicopter/air ambulance. If, in the event of an emergency medical rescue or evacuation from a tour/retreat of you the client, either by foot, helicopter or otherwise the responsibility for the payment of such costs will lie with the client. Any subsequent costs incurred for expenses such as hotels, food, transport etc shall be borne by the client. It is imperative that the client ensures adequate insurance cover is in place before departure. It is your responsibility to ensure that the insurance cover you purchase is adequate for the particular needs of you and your party. We do not check insurance policies. We reserve the right to cancel your booking at any time before departure if we are not satisfied that adequate insurance is in place for you. All baggage and personal effects, including bikes, are at all times at your own risk. We will not be responsible for any loss, damage or accident to any luggage and property, howsoever incurred. You are advised to check the limitations of your insurance policy in this respect.

Tour Leader Authority
Booking with us and accepting our terms signify your agreement to abide by the authority of the leader, who represents Australian Alpine Retreats Pty Ltd .The decision of the leader as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the leader, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if the leader considers your general well-being will be put at risk by continuing with the holiday, you may be asked to leave the tour without the right to any refund for unused services.

Promotional Images
Any likeness or image of you secured or taken on any of our tours/retreats may be used by the company without charge in all media (whether now existing or in the future invented) for bonafide promotional materials of any kind, such as brochures, website slides, video shows and the internet.

Limitations of liability by AACR?
Australian Alpine Cycling Retreats is not liable for property damage or bodily injury as a result of (but not limited to): physical exertion for which a guest is not prepared; forces of nature; travel by auto, boat or by bicycle, foot or other form of active or adventure travel; consumption of alcoholic beverages; civil unrest; terrorism; breakdown of equipment; high altitude; lack of or limited access to medical attention in remote locations; and the adequacy of medical attention once provided. Australian Alpine Cycling Retreats is also not liable for: expenses (e.g., meals, transportation or hotel costs) not specified as included in the trip cost but which may be required to get to or from a trip start or end. Australian Alpine Cycling Retreats reserves the right to make hotel and route modifications as necessary to improve the trip’s quality or to accommodate the comfort and well-being of guests.

Getting in contact
Our mailing address is 50 Kunama Drive East Jindabyne 2627 Australia
Our email is info@australianalpineretreats.com.au
Tel: 0412 712 658