Terms and Conditions
AGENCY
In the preparation of your itinerary, we act as an intermediary to arrange travel-related services (referred to as “Services”) on your behalf unless it’s a stated SheBikesHeBikes service (such as bike hire, passenger or luggage transfer etc). These Services are often provided by third-party suppliers, such as transportation, accommodation, tours, and other service providers (“Suppliers”).
In many cases, we are not a direct provider of these Services unless it is stated as a SheBikesHeBikes service in your itinerary. As such we do not have control over, or responsibility for, the Services offered by Suppliers. We will only include services that we have reviewed as part of our agency process. By including a Suppliers Service in an itinerary, we make no guarantees or representations regarding the Services, including their quality, content, timeliness, compliance with laws, or suitability for specific needs on any given day. Any claims related to the Services must be directed to the relevant Supplier, unless the issue arises from an error on our part.
All bookings made through us are subject to the terms and conditions set by the respective Suppliers, including their liability limitations and service rules. You should request and review the applicable terms and conditions directly from the Suppliers.
If a Supplier is unable to deliver the Services you have booked (except in cases where we are at fault), your rights, including those related to refunds, must be pursued with the Supplier, not with SheBikesHeBikes. Our recommendation is that you do this at the time you experience the issue to give the supplier the opportunity to remedy.
If you do have cause to contact a supplier in regards to their Services, we would appreciate being cc’d as an FYI so that we’re aware of the issue and can consider it as part of our agency review process.
GROUP BOOKINGS
Where a booking includes more than one person, the person who confirms the itinerary and pays the deposit (the “Booking Contact”) does so as agent for every person named in the booking, and warrants that they have authority to accept these Terms and Conditions, including the cancellation policy, on behalf of each of them.
The Booking Contact should ensure that each participant has been given the opportunity to read these Terms and Conditions, including the cancellation policy, before payment is made. It remains each participant’s own responsibility to read and understand these Terms and Conditions, whether or not they receive them from the Booking Contact.
By proceeding with any part of the itinerary, whether travelling, riding, using transport, accommodation or any other booked service, each participant is taken to have accepted these Terms and Conditions in full. Acceptance by the Booking Contact binds all participants included in the booking. A participant’s claim that they were not personally told the terms, whether by the Booking Contact or otherwise, does not entitle them to a refund, credit or exception from the terms that would not otherwise apply.
DEPOSITS
To secure your booking for transport, bikes, accommodation, activities or other, a 20% deposit is required within 4 days. SheBikesHeBikes reserves the right to cancel any bookings without notice should the deposit not be received in full by the due date.
If the total cost of your itinerary is less than $500 NZD then payment in full is required in order to confirm your booking. In the case that you were to cancel outside of the cancellation period then 10% of funds paid would be retained and 90% returned to you (just as if you had paid a 20% deposit and had half of that returned to you).
If your booking is made within 30 days of your departure date then you must pay the entire cost of the booking as confirmation within the period stipulated by SheBikesHeBikes.
If an itinerary includes accommodation or services whose terms and conditions exceed our own, then the full cost of this will be included as part of the deposit e.g. Hyde School.
Payment options are as follows – all pricing is in NZD
Direct deposit from a NZ bank account (there are no fees for paying this way)
New Zealand credit or debit card payment via stripe (2.72%)
International credit of debit card payment via stripe (3.86%)
International Money Transfer (IMT) via your bank (+ whatever fees your bank charges you + whatever our bank charges to process the transaction, you need to accept the payment of fees at our end when making your transaction)
For international customers, IMT payments are generally the best option, please use our comparison calculator here.
One invoice will be issued for payment. If you want individual members of the group to pay individually then it is up to the group leader to calculate how much each member pays and then payments need to include the invoice number and a surname reference for those making payment in this instance.
Acceptance of your itinerary whether in writing, verbally or other shall be governed by the acceptance clause.
PAYMENT IN FULL
Payment in full must be made a minimum of 35 days prior to commencement date for regular itineraries and 65 days prior to commencement for Luxury itineraries (due to luxury accommodation providers cancellation terms and conditions extending beyond 30 days). SheBikesHeBikes reserves the right to cancel your itinerary without notice if payment in full has not been made by 35 days prior to commencement, or 65 days if your itinerary makes use of luxury providers. Non payment of the balance shall result in a forfeit of your entire deposit. SheBikesHeBikes reserves the right to pass on cancellation fees from 3rd party providers whose own cancellation terms and conditions extend beyond our standard terms.
If you are making a booking within 30 days for a regular itinerary or 60 days for a luxury itinerary, then please note that you are still bound by our standard cancellation and amendment terms. SheBikesHeBikes reserves the right to cancel your itinerary without notice should you fail to pay for your itinerary by the date stipulated on your invoice.
Payment options are as follows – all pricing is in NZD
Direct deposit from a NZ bank account (there are no fees for paying this way)
New Zealand credit or debit card payment via stripe (2.72%)
International credit of debit card payment via stripe (3.86%)
International Money Transfer (IMT) via your bank (+ whatever fees your bank charges you + whatever our bank charges to process the transaction, you need to accept the payment of fees at our end when making your transaction)
For international customers, IMT payments are generally the best option, please use our comparison calculator here.
One invoice will be issued for payment. If you want individual members of the group to pay individually then it is up to the group leader to calculate how much each member pays and then payments need to include the invoice number and a surname reference for those making payment in this instance.
Acceptance of your itinerary whether in writing, verbally or other shall be governed by the acceptance clause.
VARIATIONS (CHANGES)
Our itinerary service is provided to you at no cost and we are happy to make variations at no charge up until the point that you pay your deposit or pay in full. Making payment indicates that you understand your itinerary and are happy with the arrangements detailed in your itinerary (see Acceptance). If at a later time your plans change and you wish to vary your itinerary, for example:
modify dates
change your accommodation
change your transport
reduce the number of bags you wish to have shifted
then please note we reserve the right to add an administration charge in order to make the requested changes and reprint any material that we’ve prepared for you.
If you are transferring your itinerary to new dates after you have confirmed your itinerary and paid your deposit or balance, then there is a $60 admin fee to do this. This admin fee needs to be paid at the time of the change.
If your deposit includes payments for providers whose terms and conditions exceed our own, then those funds will remain with SheBikesHeBikes.
Other changes will be charged at an hourly rate of $30 / hour spent and charged in 1 hour blocks. Depending on when you decide to make changes, other fees may levied by 3rd party providers or their terms and conditions may change. We will notify you of these and pass any charges onto you.
Changes can be made up to 30 days prior to departure. Once you are inside the 30 days prior to departure period, any major changes such as date changes, accommodation changes (where you change where you are staying), decreasing the number of people, bikes, bags or seats on transport will be deemed a cancellation and the cancellation policy will apply.
CANCELLATION (OR PARTIAL CANCELLATION)
Most trail bookings involve several operators – bus drivers, bike hire company, accommodation providers etc. In many cases, once your booking with them is confirmed, they will have turned away other enquiries. Given they will likely have reserved space for you well into the future, resourced for provision of services and due to the remote location of the trails and the sequential manner of the activity there is little probability that providers will be able to fill the space with another booking. Therefore, if a late cancellation occurs, they must be reimbursed for lost income.
These terms apply to a complete cancellation where the whole booking is cancelled or a partial cancellation where some members of the group cancel but the rest of the group proceed. In the case of a partial cancellation then any refund due will be calculated based on the customers that are cancelling, for example, if two people from a group of ten cancelled outside 30 days for departure then 50% of their portion of the deposit would be withheld. It is the group’s responsibility to determine who paid for what in regard to the itinerary where room rates may differ or some members opted not to take part in a particular activity etc.
All cancellations must be made in writing.
(a) Cancellations outside of 30 days to departure: 50% of deposit withheld. Additional fees will apply if contracted providers have cancellation policies that come into effect earlier than 30 days prior to departure (eg 60 days etc). These fees will be charged over and above the deposit.
(b) Cancellations between 30 days and 14 days to departure: refund of payment is dependent upon contracted providers discretion and the cancellation policies they provide to us. In the case of bikes and transport provided by SheBikesHeBikes, no refund is available as we will already have resourced well in advance with bikes, vehicles, staffing etc in order to meet our obligations to you.
(c) Cancellations within 14 days of departure and while on trail: No refund available. Note that this cancellation policy also applies to all services, for example if you’ve arranged for us to transport your bags and you arrive with fewer bags than you’d previously arranged, no refund will be provided.
COVID-19 – see below
INSURANCE
We highly recommend you take out travel insurance to cover unexpected eventualities. Believe us when we say that strange things happen from time to time that prevent you from arriving, mean that your flight is delayed, or that you have to exit the trail because something has happened back home, you contract COVID prior to travel or have to isolate while travelling. Travel insurance helps mitigate this risk and is available for domestic and international customers from a range of companies. Travel insurance is very good value compared to forfeiting the cost of a trip. You can find some helpful links on our travel insurance page https://www.shebikeshebikes.co.nz/travel-insurance/
RATES
Stated rates may be subject to change without notice until payment of deposit and the subsequent confirmation with the provider. SheBikesHeBikes contracts a number of 3rd party providers and they may decide to change their rates at any time. In the case that a 3rd party provider changes their rates then we will pass that charge onto you.
MODIFICATION
We reserve the right to modify these terms and conditions from time to time.
INHERENT RISK AND SAFETY
The Client accepts that cycling and associated activities have inherent risks, and can be dangerous. The Client understands that these risks include (but are not limited to): illness, navigational difficulties, rough riding conditions, poor weather, and collisions, all of which may occur in isolated areas. The Client accepts all responsibility and liability for ensuring their own safety. SheBikesHeBikes reserves the right to withdraw any person who it believes is likely to be a danger to themselves or others.
CLIENT LIABILITY
To the extent permitted by law I hereby release, waive, discharge, hold blameless and indemnify SHEBIKESHEBIKES LTD and all persons entities and contractors connected to SheBikesHeBikes Ltd from any and all liability for death, disability, personal injury (including mental injury), property damage, property theft, loss of personal equipment and all other foreseeable risks, claims or actions of any kind (including negligence) whatever and however occurring which may arise, at any time, from or in connection with, directly or indirectly, as a consequence of me carrying out the activities detailed in my itinerary. The client must provide their own travel insurance to cover their expenses in cases of unforeseen circumstances. The client must provide any medical details that may adversely affect their participation (e.g. asthma, pregnancy, chronic conditions) at the time of booking, so that we may discuss contingency planning with you.
BIKE HIRE
If the client has chosen to contract us for BIKE HIRE then the Client is liable for damage caused to any bicycle hired from SheBikesHeBikes Ltd while using or in charge of the bicycle. We expect that bikes will experience general wear and tear and are very accepting of this, however this does not extend to broken components where the user has had an accident, has been negligent or purposefully damaged the bicycle. In all cases, the Client will accept responsibility and pay for the repair of damaged or broken items, noting that we will only pass on the wholesale cost (inc GST) of the component plus any labour. Examples of damage may include (but are not limited to) the following:
– Buckled wheels due to impact, being jumped on or driven over, or placed in a bike rack and allowed to fall over.
– Flat spots on tyres due to repeated skidding
– Broken, damaged or missing cycle computers
– Broken, damaged or missing bicycle lights
– Missing puncture repair kits or the components from a puncture repair kit
– Missing or damaged helmets. Should you experience a serious fall with a head impact, we will need to replace the helmet at your cost.
– Broken pannier racks due to impact or overloading or doubling a person.
– Broken derailleurs, brake levers, shifters, bent crank arms, and ripped saddles due to impact or operator error
– Broken E-Bike batteries due to failing to secure, dropping or improperly handling the battery
In the case of us having to recover a damaged bike that could not return to base or a bike that has been left on trail due to emergency departure or other event, we reserve the right to pass on the cost to facilitate the recovery. Note that it is a policy that our bikes are only transported by us unless we’ve specifically consented to them being transported by another entity in order to prevent damage to our hire bikes.
SheBikesHeBikes Ltd will endeavour to provide the Client with the requested type of bike, eg MTB, Comfort bike, kids bike or E-Bike. From time to time this may not be possible due to reasons outside of its control and we will provide an alternative bike. In the case of an E-Bike hire we will always endeavour to source an E-Bike from another local company if possible. We will endeavour to get you onto your requested type of bike as soon as practicably possible during your journey. Possible reasons why this clause may take affect are:
– previous hirer damaged the bike and we have been unable to repair it in time, or has failed to return the bike at the arranged time and location
– you, the Client, have provided incorrect measurements and we have subsequently provided a bike
– SheBikesHeBikes have made an administration error when booking and resourcing your bike
As we continuously update our bikes and manufacturers modify / change the names, styles and availability of particular models we may need to resource a different make or model from what we intended. In such cases we will seek to source the best alternative to fit the required style of bike. As such we may not provide the exact model that you’ve requested but we will always provide the style (eg MTB, Comfort, Kids, E-Bike etc).
THIRD-PARTY PROPERTY AND SUPPLIER TERMS
The Client is responsible for any loss or damage they cause to the property of any Supplier, including but not limited to accommodation providers, transport operators, and activity providers, and for any breach of a Supplier’s own terms and conditions. The Client indemnifies SheBikesHeBikes Ltd for any cost, claim, or liability we incur as a result of the Client’s actions or omissions in relation to a Supplier’s property or terms, including damage to accommodation, furnishings, or fittings.
NO BIKE HIRE ITINERARY SERVICE FEE
In the case of a multi-day cycling trip where no bikes are hired and customer(s) are bringing their own bikes or walking, a service fee will be added to the itinerary to defray the costs of itinerary creation, booking management, printing and customer service.
PERSONAL POSSESSIONS
The client acknowledges that they have sole responsibility for their personal possessions while undertaking the activity.
TRANSPORT WAITING TIMES
If you are being transported by SheBikesHeBikes and you are delayed such that you miss the departure time, or, if you are not at the designated pickup point at the designated time (as per your itinerary), we can wait for a maximum of 15 minutes in most cases (at no charge). We will try and contact you if you haven’t already made contact yourself. If you have still not arrived at the designated pickup point, then once that period has elapsed and if the schedule permits we will continue to wait for you and charge you a waiting time fee of $40 / hour or part thereof, calculated from the scheduled meeting time. If we have to travel to pick you up, then you will be invoiced to cover the additional costs. In the case that we cannot wait for you because we have obligations to other customers then we will have to depart and you will forfeit your fare. We will assist with finding you an alternative transport option if one exists, but this will be at your own additional cost.
COVID-19
Domestic travel insurance is available now to cover Covid related travel risk (except Government lockdowns) and we expect that you have arranged appropriate insurance cover for your trip. If you’re affected by Covid then we will provide the necessary documentation for you to make a claim.
Where the Government has imposed a national or regional lockdown, accommodation and activity providers are providing transfers should your trip be directly affected by Covid. In some cases a cancellation fee will apply that is credited back against your transfer. The transfer is a direct swap to a date in the future with the same providers. In some cases, new season’s incremental price rises may apply.
In regards to SheBikesHeBikes services:
In the event of Covid legitimately affecting your travel plans as detailed below, your itinerary will be transferred to new dates at no additional cost. If the group can no longer travel together in the future, the booking can be divided as necessary. Note that once an itinerary is transferred it will remain in that state until travel is completed. In other words it is transferable and the deposit and / or principal not refundable. Should you decide to change your Covid transfer dates after they have been booked then normal admin charges will occur, eg you were affected by Covid and transferred, then you needed to change that booking due to other circumstances (illness, injury etc).
The particular events that would preclude travel would fall into the following:
A halt placed to travel, by the Government, that prevented you from reasonably making your way to Central Otago.
A regional lockdown preventing you exiting your region
A regional lockdown preventing entry to Queenstown Airport, Central Otago or Dunedin Airport.
There is an overriding proviso. It is expected that the rest of the group would continue to travel if they:
do not live at the same address and
do not display Covid symptoms
in the case where a regional lockdown prevented exit, if members did not reside in that region and could still travel then they would, and the resultant group size would be two or more people.
In the wake of Covid, many people have raised the question around why some tourism providers refund and others provide credits. Each provider is different in terms of the resources they need to have provided, staffing, maintenance requirements, seasonal cycles, sequential nature of the activity (for example, riding on the Rail Trail is typically a 4 day event and bikes would be booked out for a 4+1 day period, similarly accommodation in each town aligns) and the prospect of “foot traffic” or a near term booking filling a cancellation. The combination of vehicles, bikes, staffing across trails up to 150km long, the sequential nature of the activity and its seasonal aspect (October to end of April, early May) mean that we need to plan and invest significantly ahead of time to provide services. Providing a credit rather than a refund for a near term cancellation for Covid is the sustainable solution in these uncertain times.
FORCE MAJEURE
SheBikesHeBikes Ltd shall not be liable for injury, damage, loss, inconvenience, additional expenses, breach, delay or failure to perform its obligations (directly or indirectly) under this Contract where such injury, damage, loss, inconvenience, additional expenses, breach, delay or failure is caused by war or terrorism, civil commotion, hostilities, strikes, trade disputes, pandemic, breakdowns, interruption of transport, act of God, fire, governmental or political action or directives, acts or omissions of a third party or any other cause of force majeure beyond SheBikesHeBikes’ reasonable control. The occurrence of such an event shall not give the Client a right of cancellation of the contract. In this regard SheBikesHeBikes will negotiate a credit (either full or partial) with all contracted providers such that this credit can be used in the future by the Client or other party nominated by the Client.
ACCEPTANCE
Acceptance of your itinerary whether in writing, verbally or other is deemed as acknowledgement that you have read SheBikesHeBikes terms and conditions and understand and accept them. It is also an acknowledgement that you have read your itinerary, checked that dates and times are correct as per your own travel plans and you understand what goods and services you have requested and agreed to pay for. Our itineraries are fully itemised to assist with this. Changes made after the payment of your deposit, remaining balance or full itinerary which require a removal of goods or services, date change etc will attract an administration fee and may be deemed a cancellation if made inside 30 days of commencement.
NEW ZEALAND LAW
This agreement is governed in all respects by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand. Visitors to New Zealand must have full insurance due to limited ACC cover. Note that these Terms and Conditions are subject to any rights or remedies the Client may have under the Consumer Guarantees Act 1993.