Terms and Conditions:
Paihia Mountain Bikes
Upon purchasing a bike rental and/or shuttle service ticket from Paihia Mountain Bikes whether in writing or verbally, you acknowledge that you have read Paihia Mountain Bikes terms and conditions and you understand and accept them in their entirety. This Document is also a Liability and Health and Safety Waiver and is agreed to before any interaction with our products and services
All prices specified by Paihia Mountain Bikes shall be subject to change at any time by Paihia Mountain Bikes due to seasonal adjustment, changes in the price of fuel or other operators altering their prices at any stage, or any other reason such as overhead increases. Any price changes applicable to your booking will be promptly notified to you by Paihia Mountain Bikes; the price of your tour, hire, transport or other travel arrangements shall not change after the date on which payment has been made in full by you in relation to your booking.
- Payment Balance
a. The full balance of your booking is required for confirming your booking with Paihia Mountain Bikes to secure availability of bikes, shuttle transport and any other services that we offer. If this balance is not received in full by Paihia Mountain Bikes by the due date or before the activity commences, reservations may be cancelled by Paihia Mountain Bikes. This balance can be paid by credit card or bank deposit.
c. By paying your balance you take responsibility for your booking; you acknowledge that you have read your booking thoroughly and that it is as you requested i.e. dates, transport timing, bike quality and type, and bike sizes to name a few.
- Cancellation by Paihia Mountain Bikes
Paihia Mountain Bikes reserves the right to vary or cancel any bike hire, activity, tour, shuttle trip, event, package or other travel arrangement at any time up to and following your travel departure date. You will be notified promptly of any such variation. If a variation results in a substantive change to your booking, as determined by Paihia Mountain Bikes, you will have the option of:
a. Continuing with the varied booking or other travel arrangements without a reduction in price;
b. Accepting any alternative arrangements offered to you by Paihia Mountain Bikes, in which case any difference in price will be payable by you or refundable by Paihia Mountain Bikes (as applicable);
c. Purchasing another available product such as bike hire or shuttle transport from Paihia Mountain Bikes, in which case any difference in price will be payable by you or refundable by Paihia Mountain Bikes, as applicable; or
d. Cancelling your booking whereby you will be given a full refund of all amounts paid to Paihia Mountain Bikes in respect of such booking, excluding insurance premiums, variation fees and additional fees, as applicable, provided that notification of your decision to cancel is received in writing by Paihia Mountain Bikes no later than 5 days from the date on which Paihia Mountain Bikes notified you of the substantive change to your booking.
- Cancellation by You:
Any cancellation by the customer must be made in writing by the contact person and is not effective until such cancellation is received by Paihia Mountain Bikes
>Cancellation within 14 days of departure: no refund – full fare applies
>Cancellation between 15- 30 days of departure: 50%
>Cancellation outside of 30 days of departure: is ‘loss of deposit’.
Paihia Mountain Bikes shall have no liability whatsoever for any cancellation of a booking, transport, tour or other travel arrangement except to the extent that any amounts paid by you with respect to your booking shall be refunded by Paihia Mountain Bikes, excluding insurance premiums, variation fees and additional fees, as applicable.
- Marketing emails.We agree to occasionallyreceive information via email from Paihia Mountain Bikes on news and updates, new products or product/pricing changes and occasional emails about the progress of the Waitangi Mountain Bike Park. You are welcome to unsubscribe at any time
Health and Safety
- Risk of Personal Injury.Rider understands that riding a bicycle or participating in any of our products/services is an inherently dangerous activity. Risks include, but are not limited to: DEATH; INJURY TO BODY; DAMAGE TO BIKES, GEAR, AND CLOTHING; AND DAMAGE TO AND/OR INJURY TO OTHERS.
Conditions and Representations: The Rider has not made any misrepresentations to Paihia Mountain Bike Rentals, including, but not limited to:
- The Rider agrees that the Rider is fully responsible for all damage or loss to the rental bike, their own bike and any equipment (the ‘Equipment’) and agrees to pay for all repairs or replacement cost if the Equipment is lost, stolen, or damaged. The Rider accepts the Equipment for use “as is”, and accepts full financial responsibility for the care of the Equipment while it is in Rider’s possession; including flat tyres and paint scratches.
- All instructions for the use of the Equipment have been provided to the Rider and the Rider fully understands how to use the Equipment.
- The Rider understands that wearing a helmet may decrease the risk of head injury. The Rider has a helmet or Paihia Mountain Bike Rentals has provided one to the Rider and the Rider agrees to wear a helmet at all times while biking and accepts any and all consequences of not wearing a helmet.
- The Rider agrees that the Equipment is working properly.
- The Rider is physically and mentally able to ride a bike and is familiar with bike-riding, its physical and mental requirements and the risks involved.
- The Rider understands that Paihia Mountain Bikes accepts no liability for damage and theft, (including any detachable items; including but not limited to helmet, computers, water bottles, gear bags, air pumps, etc. which are left attached to the bike for transportation), as a result of transportation, to bicycle, part, accessory, or personal belonging. The Rider also acknowledge that it is their responsibility to ensure all kit/gear is securely attached to the bike and bike has been checked by the Rider to be of secure and fit for transport.
Release of all Liability (Including Negligence). RIDER AGREES TO FULLY RELEASE AND DISCHARGE Paihia Mountain Bike Rentals FROM ANY LIABILITY for any damages, injuries, or claims, including any injuries or damages to Rider or third party or other person or property, as a result of Rider’s rental of the Equipment and/or bike riding and/or loading, unloading or transporting of bikes (owned or not by Paihia Mountain Bike Rentals) and Rider further understands and agrees to release Paihia Mountain Bike Rentals for any negligence in causing in whole or in part any such injury or damage to bicycles. Under the ‘Carriage of Goods Act’, you agree “These goods (i.e bikes and equipment) are to be carried at owner’s risk. This means that the carrier will pay no compensation if the goods are lost or damaged, unless he intentionally loses or damages them.”
Express Assumption of Risks: RIDER EXPRESSLY ASSUMES ALL RISK OF LOSS, DAMAGE OR INJURY OCCURRING AS A RESULT OF BIKE RIDING OR SHUTTLE TRANSPORT.
Promise Not to Sue and Hold Harmless: RIDER FURTHER AGREES TO INDEMNIFY Paihia Mountain Bike Rentals AND HOLD IT HARMLESS FOR ANY DAMAGES, INJURIES, OR CLAIMS, including attorney’s fees and costs incurred by Paihia Mountain Bike Rentals, as a result of Rider’s rental of the Equipment and/or bike riding. Rider agrees that Rider’s obligation to indemnify and hold Paihia Mountain Bike Rentals harmless applies even if Paihia Mountain Bike Rentals are negligent. Rider understands this is a contract, which limits Rider’s legal rights, and it is binding upon Rider and Rider’s heirs, agents and legal representatives. If portions of this Waiver are invalid, it is agreed the remaining portions will remain intact and enforceable.
By signing this form, making payment for products to Paihia Mountain Bikes or agreeing to rent a bike and/or partake in shuttle transport from Paihia Mountain Bikes you agree to this Waiver and Release of Liability. Rider acknowledges s/he has fully read and understands the above and foregoing. Minors: Prospective Riders under the age of 18 years are required to have a parent or legal guardian read and also sign this Waiver and Release of Liability. The parent/guardian and Rider have read, understand and agree to comply with this Waiver and Release of Liability. By submitting this document online, the parent/guardian agrees to each of the provisions above.