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
1. Pricing:
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 product shall not change after the date on which payment has been made in full by you in relation to your booking.
2.Location:
All Hire bikes are to be used within the Waitangi Mountain Bike Park only.
3. 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, bike type and sizes.
4. 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 product at any time up to and following your booking 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 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 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.
5. 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 7 days of departure: no refund – full fare applies
>Cancellation between 7- 30 days of departure: 50% refund
I accept that this activity inherently involves risks and potential hazards. The risks and hazards include, but are not limited to failing off a bike, equipment failure, unfamiliar terrain and terrain deliberately exposing the rider to risk.
I am aware that participating in the mountain biking activities from Paihia Mountain Bikes can be hazardous if they are not conducted with care, control and responsibility. I acknowledge that these risks could result in my injury (physical or mental), injury (physical or mental) or even death.
Medication/health conditions
• I have informed the staff of Paihia Mountain Bikes (or will, prior to undertaking the activity) of any medical conditions, previous injuries and any medication I am currently taking which may affect my ability to undertake the activity.
• I confirm I am physically fit and able to participate in the activities and I have not been advised otherwise by a qualified medical person.
• I consent to receive any medical treatment that may be deemed necessary by Paihia Mountain Bikes in the event of injury, accident or illness while undertaking the activities.
• I understand it is my responsibility to disclose any conditions (health or otherwise) that may affect the safety and enjoyment of myself and those around me.
• I agree to ride with care, and obey the rules set out by Paihia Mountain Bikes and instructions given by the guide, staff member or instructor (or a representative of Paihia Mountain Bikes), at all times.
• I accept that if I do not adhere to the instructions and rules, or if I act dangerously, recklessly or in a way that might endanger myself or others, Paihia Mountain Bikes may remove me from the activity. If this occurs, I acknowledge I will not receive a refund.
• I accept that Paihia Mountain Bikes reserves the right to cancel this activity if it becomes concerned for my safety, or the safety of another person.
• I agree to wear appropriate clothing and use/wear all safety clothing and equipment (as required by the guide, staff or instructor) at all times when participating. The Rider understands that wearing a helmet may decrease the risk of head injury. The Rider has a helmet or Paihia Mountain Bikes 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.
• I understand that if I act recklessly or intentionally, and don’t follow the rules or instructions set out by Paihia Mountain Bikes and it’s staff members, which I have been made aware of, Paihia Mountain Bikes will not be held responsible for any injury, damage or loss I cause to myself/my property, or another person/their property, resulting from my action (or lack of action).
• I agree that the owner(s) of the land on which the activity is conducted will not be held responsible for any death, injury, misadventure, damage to or loss of property caused in whole or part by these activities.
• 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.
• I understand 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
• I confirm I am not under the influence of intoxicating alcohol or drugs (be they legal or illegal) which may in any way impair my ability to undertake the activity.
• I give Paihia Mountain Bikes permission to send me emails and/or post relating to Paihia Mountain Bikes events and promotions, as well as the right to use all photos and videos of me taken during the activity for promotional and social media purposes.
I agree that by digitally signing this ‘Understanding the Risks form’ and accepting this Risk Disclosure by check box, or participating in a bike related activity provided by Paihia Mountain Bikes, I:
1. I accept there are inherent risks and hazards associated with participating in the activity and I understand what these risks are (including serious harm and death);
2. I am physically and mentally fit to participate and there is nothing I am aware of that will affect my ability to safely drive the vehicle, or impact the safety of other riders.
3. I am responsible for all damage to Paihia Mountain Bike’s equipment while it is being used and will look after it and return it in the same condition it was originally presented.
4. I wish to proceed with the activity at my own risk