Terms and Conditions

 

Spoke N Trail aims to ensure that all our services run smoothly and that we meet our customers’ expectations. Please read our Terms & Conditions before making a booking. By confirming a booking with Spoke N Trail and by making payment, the customer and all parties acknowledge that they have read, understood, and agree to our Terms & Conditions for all services provided.

Workshop

General terms and conditions-

Spoke N Trail will carry out the work to your bicycle as shown on the work order created for you when you dropped off your bicycle in store.

Prior to carrying out any work, our mechanics will undertake an assessment of your bicycle to determine the condition of your bicycle and may contact you to advise of any additional work that may be required and/or parts that may require replacing and the costs of this work.

We will not undertake any additional work or replace any parts without your consent. However, if you choose not to follow our recommendations, we cannot guarantee that your bicycle will work as it should and Spoke N Trail accepts no liability for any defects arising with the bicycle caused by failing to undertake the advised work.

There may be occasions where it is necessary for us to sub-contract the work (or part thereof) to a third party. However, Spoke N Trail will remain responsible for the actions of any sub-contractor and this will not affect your statutory rights.

Completion of work

We will endeavour to complete any work to your bicycle as soon as possible and within the estimated time scales that we have provided you with. However, there may be times when this is not possible and time for completion of this work will not be of the essence.

Price & Payment

The price for the work (including any additional work which you have authorised us to carry out) will be as quoted to you by the store staff.

Payment in full is required on completion of any work undertaken to your bicycle and prior to the return of your bicycle. Spoke N Trail reserves the right to retain your bicycle until you have paid in full.

Collection of Bicycles

You must collect your bicycle within 7 days of Spoke N Trail notifying you that it is available. If you fail to do so, we will provide you with a written notice (which includes email) notifying you that you have 14 days to collect your bike, failing which we may sell the bicycle to recover costs.

Spoke N Trail is entitled to deduct any outstanding payment due from you for the work from the proceeds of any sale of your bicycle, together with any costs of sale, and if applicable, we will then send you a cheque for the remaining proceeds of the sale.

Warranty

Subject to the remainder of this clause, all replacement parts provided by Spoke N Trail as part of this service will be guaranteed for a period of 12 months, and all labour and workmanship is guaranteed for a period of 30 days, commencing from the date of the work being undertaken.

This warranty is subject to you:

(a) maintaining the bicycle in accordance with the manufacturer’s warranty;
(b) providing proof of purchase of the service / repair; and
(c) allowing Spoke N Trail to carry out the repair work required.

This warranty is not valid where, in Spoke N Trail’s reasonable opinion, defects with the bicycle have occurred due to fair wear and tear, improper use, criminal or malicious damage, fire, theft, instances where the bicycle has been used in an incorrect manner or you have continued to use the bicycle after the defect or fault developed.

Risk

Any personal items left on the bicycle when it is provided to Spoke N Trail are left at the customer’s own risk and Spoke N Trail accepts no liability for any loss or damage to these items. We recommend you remove any such items prior to dropping off your bicycle.

Liability

If we fail to comply with these conditions, we will attempt to repair the issue for you as soon as possible, which may include providing you with replacement parts.

Under no circumstances will we be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill, stress or inconvenience) howsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the service.

Nothing in these terms and conditions is intended to limit any of your statutory rights or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

General

Spoke N Trail amends these terms from time to time. The terms in force at the time of the work being undertaken apply to the Contract between you and us.

If you are not happy with any aspect of our service, or if you have any queries or comments relating to this service, please contact our team: info@spokentrail.com.au

 

Shop

Online Orders

  • Orders submitted by you on the Spoke N Trail Shop website are an offer to purchase the goods at the specified price plus any delivery charges specified at the time of submission.
  • When placing orders for multiple items we will, where possible, dispatch all goods as one parcel. In some cases orders may be too large to be packaged together. In these cases you will receive multiple parcels and tracking numbers.
  • Pre-Order purchases will be accepted at the time of purchase and completed subject to supplier availability and your position in the waitlist.
  • We may decline to accept payment from you for reasons such as where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. If this occurs we reserve the right to cancel your order or request you provide additional information to verify you are the card holder.

Cancellation of Orders

  • Spoke N Trail reserves the right to cancel an order at any time before delivery has been completed/delivered for any of the following reasons;
  • Goods ordered were subject to an error on our Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
  • A regular delivery partner cannot deliver the goods to your specified address.

A supplier can no longer supply the goods after promising to do so.

  • We do not receive a reply from you within 5 business days when we have contacted you for any reason in relation to your order.

Shipping

  • Shipping is via Australia Post Parcel Post. Items will be left where it is deemed safe to do so. In cases where it is not deemed safe, an attempted delivery card will be left in line with Australia Post requirements.
  • In rare cases we may need to charge additional delivery fees where it is not possible to use Australia Post. In this instance you will be contacted with the option to pay for the additional freight via an invoice. If you decline to accept the additional charge we will cancel the order and refund all funds to your original purchase method.

Refunds

  • Refund items must be in new condition and unused. This includes all the original packaging.
  • Cost to return the items to the store will be at the customers expense.
  • Refunds will only be processed back to the original payment method.
  • Refunds will be processed within 2 business days of receiving the return to our store.
  • Funds may take up to 5 business days to clear after processing depending on the payment method and the financial institution.

Gift Cards

  • Gift cards cannot be redeemed or used for cash.
  • Lost or stolen gift cards will not be refunded or replaced.
  • Expiry is 3 years from the date of issue.
  • Any unused funds remaining on the card after its expiry will not be refunded or credited.
  • Gift cards are only redeemable in store, not online.

 

Returns

We are not required to provide a refund or replacement if you change your mind.

But you can choose a store credit, refund, or exchange if an item has a major problem which justifies return. This is when the item:

  • Has a problem that would have stopped someone from buying the item if they had known about it
  • Is unsafe
  • Is significantly different from the sample or description
  • Doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

 

Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time.

If it is not repaired in a reasonable time subject to current market repair times, you can choose a refund or replacement.

Please keep your proof of purchase—e.g. your receipt.

 

Bike and Equipment Hire

Cancellations: Hire

If you wish to cancel a shuttle booking due to changes in circumstance or potential weather events, please notify Spoke N Trail in writing via our contact page or reply via email to your booking confirmation. Once Spoke N Trail receives notice, cancellation will take effect subject to the following notification periods:

  • Notification 72+ hours prior you will receive a 100% refund or credit towards another booking date.
  • Notification 24 to 72 hours prior you will receive a refund of 80% of paid price.
  • Notification inside 24 hours of your booked date, 100% of your paid price will be forfeited.

 

Wet Weather

We work actively within the local trail care community and like to promote responsible use of the trails. If it’s overly wet, the trails are holding surface water and riding would result in significant damage, we may cancel or postpone our services to protect the National Park.

  • If Spoke N Trail cancels a booking due to weather you have the option to receive a 100% refund or credit towards another booking.
  • If Spoke N Trail cancels a booking you have previously cancelled due to weather concerns you will receive a 100% refund or credit towards another booking.

 

Use

The hirer uses the equipment at their own risk and must:

  1. Decide the suitability of the equipment for the purpose required.
  2. Use the equipment in a skilful and proper manner and only for the purpose and within the capacity for which it was designed.
  3. Maintain the equipment in good order and substantial repair and condition.
  4. Be responsible for the safe keeping of the equipment and indemnify Spoke N Trail for any loss or damage to it by whoever and howsoever caused.
  5. Be responsible for and indemnify Spoke N Trail against all claims in respect of injury to persons, or damage to property, arising out of the hire and use of the equipment by whomever during the hire period however arising.
  6. Not sell hire lease or otherwise part with possession of the equipment; and
  7. Not alter the equipment in any manner.

Termination

  1. Spoke N Trail may terminate this hire agreement and retake possession of the equipment if you commit any breach of the hire agreement.

Loss and damage

  1. The hirer is responsible for any loss and damage to the equipment.
  2. The hirer acknowledges that they must pay for loss or damage to the equipment including theft, damage wilful or caused by the negligence of yourself or any other person whilst under hire or whilst being transported.
  3. Spoke N Trail may apply the security deposit to rectify any loss or damage and any shortfall will immediately be due and payable by the hirer on written demand.
  4. Each bike hire is provided with the following spares, any items used or lost during the hire will be paid for by the hirer.
    1. SWAT Multi tool (RRP $60)
    2. Tube (RRP $10)
  • Airtool Switch Pump (RRP $40)
  1. Tire Levers (RRP $15)
  1. The hirer needs to be self-sufficient on the trails, a minimum $50 rescue fee applies for any pickups or mechanical support needed during the term of hire.
  2. The hirer is not liable for fair wear and tear to equipment caused by normal and resonable hire usage.

Hiring charges

  1. Delivery charges apply if the equipment is not picked up from and returned to the owner’s business premises.
  2. Should you fail to return the equipment on time, then additional hire charges apply at the daily or half daily rates.
  3. Cleaning fees may apply on return of overly soiled hire items. A hire bike cleaning fee is $45.

Security deposit

Payable at the time of hire. (Credit card pre-authorisation)

  1. Dual Suspension – $500
  2. E-bike – $1000
  3. EVOC Bike Bag – $200
  4. Shockwiz – $200

Bike Bags

Even with a sturdy bike bag, travelling with bikes can be risky. Spoke N Trail accepts no responsibility for damage incurred to bikes transported in our bike bags.

 

Shuttles

 

General terms and conditions

Spoke N Trail agrees to provide bike transfers and shuttles at the customer’s request. We use suitable purpose-built trailers, bike racks & carriers. All due care is taken to minimise any possible damage to customers bikes whilst in transit with Spoke N Trail.

  • Customers undertake Spoke N Trail’s bike shuttles & transfers at their own risk. Bikes are transported on our shuttle trailer at the responsibility of the owner, although all care is taken to protect your bike, it remains the rider’s responsibility to load their bike correctly and check it’s secure for the journey.
  • Spoke N Trail accepts no responsibility for any damage that may be caused to a customer’s bike in transit or in the loading or unloading process.
  • Spoke N Trail will offer no compensation for any damage or loss to bicycles whilst in transit. We recommend that all customers have adequate insurance for their own property.
  • Our Tewantin MTB shuttles are not a guided service. We are more than happy to help with directions, trail updates and any other trail info but we won’t be on the trail to guide you in any way.
  • Minors must ride the shuttle with a parent or guardian. Minors can also ride without a parent or guardian by prior arrangement with Spoke N Trail. This requires the signing of a liability waiver on behalf of the minor.

 

Cancellations: Shuttles

If you wish to cancel a shuttle booking due to changes in circumstance or potential weather events, please notify Spoke N Trail in writing via our contact page or reply via email to your booking confirmation. Once Spoke N Trail receives notice, cancellation will take effect subject to the following notification periods:

  • Notification 72+ hours prior you will receive a 100% refund or credit towards another booking date.
  • Notification 24 to 72 hours prior you will receive a refund of 80% of paid price.
  • Notification inside 24 hours of your booked date, 100% of your paid price will be forfeited.

 

Wet Weather

We work actively within the local trail care community and like to promote responsible use of the trails. If it’s overly wet, the trails are holding surface water and riding would result in significant damage, we may cancel or postpone our services to protect the National Park.

  • If Spoke N Trail cancels a booking due to weather you have the option to receive a 100% refund or credit towards another booking.
  • If Spoke N Trail cancels a booking you have previously cancelled due to weather concerns you will receive a 100% refund or credit towards another booking.

 

Coaching

 

Please carefully read this important information about your booking and participation. By participating in a Session (defined below) you agree to be bound by these terms and conditions. With any contractual agreement, it is important that we outline the terms as simply and thoroughly as possible. Please take the time to read through these conditions carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in these conditions and anything you have been told by us or over the telephone, the conditions will prevail. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.

 

Definitions

In these Terms and Conditions, the following definitions apply:

Where: James Dawson provides the services during a Session, then “Spoke N Trail”, “we”, “us”, “our” means James Dawson T/A Spoke N Trail (ABN 53688481649), and includes it’s directors and employees; or a coach provides the services during a Session then “Spoke N Trail”, “we”, “us”, “our” means that particular coach or coaches being James Dawson, James Ray, Andrew Flanagan, Emily Petty, Patrick Swindles, Danny Wootton, Anka Franzmann, (“Coach”)

“You”, “your” means the participant of Spoke N Trail skills sessions or rides (a “Session“) or where the participant is under the age of 18 on the date the Session takes place then “You”, “your” means the parent or guardian of the Session participant.

 

Cancellations: Coaching

All Cancellation requests must be received in writing from the customer named on invoice. Cancellation requests will not be accepted via telephone. Requests must be emailed to info@spokentrail.com.au at your earliest opportunity.

  • Cancellation requests received in writing from the customer up to 30 days before the 1st date of service, Spoke N Trail will refund the customer in full 100% of any payment received. Less any costs we have incurred.
  • Cancellation requests received in writing from the customer within 30 days before booked date, will forfeit the 20% non-refundable deposit. We recommend customers take out adequate travel insurance to cover travel losses.
  • Cancellation or amendment requests received within 72 hours of booked time, Spoke N Trail will provide NO REFUND or CREDIT under any circumstances and a 100% cancellation fee on any payment received will apply with no exceptions.

We recommend customers take out adequate travel insurance to cover travel losses. 

General terms and conditions

Please ensure you have chosen the correct program that suits your requirements.

All participants must wear recommended safety gear – see below.

Where a rider is behaving in a manner which we believe to be inappropriate then we reserve the right to cancel a Session after a Session has commenced or expel any rider during a Session. Where we expel a rider or cancel a Session under this clause no refunds will be provided.

If you register for a Session or program on behalf of a group, then each rider of the group, by engaging in a Session, agrees to be bound by these terms and conditions.

 

Risk Acknowledgement

You acknowledge that cycling involves a risk of injury and/or death and damage to property. It is your decision alone as to whether you participate in any Session and if you have any doubts as to your abilities or competence you should not participate in the Session.

Further to the above, you understand that there is an inherent risk in undertaking a Session. For example (but not limited to):

you may be injured, physically or mentally, or may die;

your personal property may be lost or damaged;

other persons participating in a Session may cause you injury or may damage your property;

you may cause injury to other persons or damage their property;

the conditions in which the activity is conducted may vary without warning; and

on that basis you agree to assume the risk of, and responsibility for, any injury, death or property damage resulting from you participation in the activity.

 

Equipment

In an effort to reduce the risk of injury you agree to wear or bring the following equipment.

  • Helmet – Australian Standard Approved
  • Off-road ready bicycle in good condition
  • Water bottle – with at least 500ml of water in it
  • Tools – multi-tool with chain breaker
  • Pump
  • Spare tubes
  • Gloves noting that full-finger gloves are our preference

 

Wet weather policy

Spoke N Trail is committed to your safety. If treacherous or unsafe conditions are predicted your session will be cancelled via text message or phone call to your provided mobile 1 hour prior to commencing our session. All cancelled sessions due to wet weather will be rescheduled.

 

Ambulance & Medical Treatment

In the event of an emergency, you authorise us to request an ambulance on your behalf (and you agree to bear the expense of that ambulance) and you agree to receive (and bear the expense of) any first aid provided by a qualified or registered medical personnel.

 

Warranties

You warrant to us that you:

Have obtained a clear check-up from a medical practitioner in the last 60 days;

do not suffer from any medical condition which may or could affect or adversely impact your cycling or you participating in a session;

The bicycle and other equipment which you use will be serviced on a regular basis and will be kept in good working order and condition at all times;

Will wear an Australian Standards compliant helmet securely fastened at all times during a session and will have a lit rear and front light on your bicycle at all times whilst you are riding a bicycle for the period one hour after sunrise and one hour before sunset.

 

Release and indemnity

To the fullest extent permitted by law, you indemnify Spoke N Trail and its directors, contractors and employees for any loss, damage or injury howsoever caused (including through our negligence), on a solicitor client basis, which you may directly or indirectly suffer in connection with, arising out of, or resulting from (without limitation):

Participating in any Session;

Not being permitted to undertake a Session, or having a Session cancelled (for any reason by us);

Your breach of this agreement; and

a contractual or negligence claim made by you or your parent/guardian arising from provision of our services.

 

Contractors – Some contractors may be engaged as coaches to provide some, or all, of the services for a Session. Fees for services are paid directly to these contractors. We take no responsibility for the fees paid to these contractors. As indicated above, where a contractor provides you the services during a Session then a contract is formed between you and the relevant contractor. You agree that any claim which you might have because of an act or failure to act by such a contractor, must be brought against, and will be the responsibility of, that contractor and not Spoke N Trail (or its directors and employees). You hereby release, indemnify and agree to keep indemnified, Spoke N trail for any loss Spoke N Trail suffers due to a claim made by you as a result of an act or omission by a contractor.  Spoke N Trail will at all times assist, where possible, to resolve any conflict or issues with contractors.

 

Images and videos – By participating in a Session or by signing this Application and Agreement you consent to us using photos and videos of you in any promotion or other material in relation to the business without reference to you and without compensation or remuneration to you.

 

Your physical condition – You promise and represent on the date of the booking, and repeat such warranty and representation each time you participate in a Session, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in a Session or in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Spoke N Trail coaches and its contractors may not be medically trained and are therefore not qualified to assess whether you are in good physical condition and/or that you can engage in active or passive exercise without detriment to your health, safety, comfort or physical condition. You must not participate in Sessions whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other riders.

 

Limitation of Liability

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these terms and conditions. We excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:

We supply to you are rendered with due care and skill; will be fit for the purpose that we advertise; and will be supplied within a reasonable time. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using our Services is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates. In all other cases our total liability to you will not in any case exceed the amount of $50.

 

Privacy Statement and Acknowledgement

Spoke N Trail will only use, disclose or deal with your information in accordance with our Privacy Policy.

 

Tours

Please carefully read this important information about your booking and participation. By participating in a Tour (defined below) you agree to be bound by these terms and conditions. With any contractual agreement, it is important that we outline the terms as simply and thoroughly as possible. Please take the time to read through these conditions carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in these conditions and anything you have been told by us or over the telephone, the conditions will prevail. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.

 

Definitions

In these Terms and Conditions, the following definitions apply:

Where: James Dawson provides the services during a Tour, then “Spoke N Trail”, “we”, “us”, “our” means James Dawson T/A Spoke N Trail (ABN 53688481649), and includes it’s directors and employees; or a guide provides the services during a Session then “Spoke N Trail”, “we”, “us”, “our” means that particular guide or guides being James Dawson, James Ray, Andrew Flanagan, Emily Petty, Patrick Swindles, Danny Wootton, Anka Franzmann, (“Guide”)

“You”, “your” means the participant of Spoke N Trail tours or rides (a “tour“) or where the participant is under the age of 18 on the date the Session takes place then “You”, “your” means the parent or guardian of the Session participant.

 

Cancellations: Tours

Customer Cancellation and Refund Policy:

All Cancellation requests must be received in writing from the customer named on invoice. Cancellation requests will not be accepted via telephone. Requests must be emailed to info@spokentrail.com.au at your earliest opportunity.

  • Cancellation requests received in writing from the customer up to 30 days before the 1st date of service, Spoke N Trail will refund the customer in full 100% of any payment received. Less any costs we have incurred.
  • Cancellation requests received in writing from the customer within 30 days before booked date, will forfeit the 20% non-refundable deposit. We recommend customers take out adequate travel insurance to cover travel losses.
  • Cancellation or amendment requests received within 72 hours of booked time, Spoke N Trail will provide NO REFUND or CREDIT under any circumstances and a 100% cancellation fee on any payment received will apply with no exceptions.

We recommend customers take out adequate travel insurance to cover travel losses.

 

Spoke N Trail reserves the right to cancel a customer’s booking if payment is not received from the customer as per our Terms & Conditions in a reasonable time or before travel. It is the customers responsibility to ensure that their payment is made as per our Terms & Conditions to confirm any booking.

  • If Spoke N Trail has no other reasonable alternative but to cancel a customer’s booking, we will provide the customer with as much notice as possible, but not limited.
  • If Spoke N Trail or any partner is unable to provide a service to meet all or part of the customers travel arrangements due to reasons out of our control or in the case of unforeseen emergency including but not limited to illness, mechanical issues, or road closures. Spoke N Trail will attempt to arrange a suitable alternative on the customers behalf, if a suitable alternative is not available, we will refund the customer 100% of all payments received without any additional financial liability for inconvenience or additional loss incurred by the customer due to cancellation.

We always advise that our customers take out adequate travel insurance.

 

General terms and conditions

Please ensure you have chosen the correct tour that suits your requirements.

  • If you register for a tour or program on behalf of a group, then each rider of the group, by engaging in a tour, agrees to be bound by these terms and conditions.
  • A 20% depositis required to confirm a booking with Spoke N Trail. Without a deposit your booking may not be confirmed until payment has been received. Please advise us via email once a payment has been made so we can allocate accordingly. Final payment will be due 14 days prior to 1st date of travel.
  • Full payment for the remaining balance that appears on our invoice (including any additional fees) is required 14 days prior before 1stdate of travel unless other arrangements have been agreed to by Spoke N Trail.
  • We accept payments via Mastercard & Visa (a variable 1.5% additional card fee will apply). Additionally, EFT bank transfers are also available at least 3 business days prior to 1st date of travel. Cash may also be paid on collection by prior arrangement, the exact agreed fare will be required in full on collection. No credit will be provided.
  • Amendments or any changes to an existing booking with Spoke N Trail must be received in writing from the customer. We will do our best to accommodate your request, but changes may not always be available at short notice. Any changes or amendments requested within 24 hours of travel may not be available due to other booking commitments or vehicle allocations, etc.
  • One free of charge amendment is available (subject to availability) any additional changes will incur a $50 administration fee.
  • All participants must wear recommended safety gear – see below.
  • Where a rider is behaving in a manner which we believe to be inappropriate then we reserve the right to cancel a tour after a tour has commenced or expel any rider during a tour. Where we expel a rider or cancel a tour under this clause no refunds will be provided.

 

Risk Acknowledgement

You acknowledge that cycling involves a risk of injury and/or death and damage to property. It is your decision alone as to whether you participate in any tour and if you have any doubts as to your abilities or competence you should not participate in the tour.

Further to the above, you understand that there is an inherent risk in undertaking a tour. For example (but not limited to): you may be injured, physically or mentally, or may die; your personal property may be lost or damaged; other persons participating in a Session may cause you injury or may damage your property;

you may cause injury to other persons or damage their property; the conditions in which the activity is conducted may vary without warning; and on that basis you agree to assume the risk of, and responsibility for, any injury, death or property damage resulting from you participation in the activity.

 

Equipment

In an effort to reduce the risk of injury you agree to wear or bring the following equipment.

Helmet – Australian Standard Approved

Off-road ready bicycle in good condition

Water bottle – with at least 500ml of water in it

Tools – multi-tool with chain breaker

Pump

Spare tubes

Gloves noting that full-finger gloves are our preference

 

Wet weather policy

Spoke N Trail is committed to your safety. If treacherous or unsafe conditions are predicted your tour will be cancelled via text message or phone call to your provided mobile 1 hour prior to commencing our tour. All cancelled tours due to wet weather will be rescheduled where possible.

 

Ambulance & Medical Treatment

In the event of an emergency, you authorise us to request an ambulance on your behalf (and you agree to bear the expense of that ambulance) and you agree to receive (and bear the expense of) any first aid provided by a qualified or registered medical personnel.

 

Warranties – You warrant to us that you:

have obtained a clear check-up from a medical practitioner in the last 60 days;

do not suffer from any medical condition which may or could affect or adversely impact your cycling or you undertaking a tour;

the bicycle and other equipment which you use will be serviced on a regular basis and will be kept in good working order and condition at all times;

will wear an Australian Standards compliant helmet securely fastened at all times during a tour and will have a lit rear and front light on your bicycle at all times whilst you are riding a bicycle for the period one hour after sunrise and one hour before sunset.

 

Release and indemnity –

To the fullest extent permitted by law, you indemnify Spoke N Trail and its directors, contractors and employees for any loss, damage or injury howsoever caused (including through our negligence), on a solicitor client basis, which you may directly or indirectly suffer in connection with, arising out of, or resulting from (without limitation):

Participating in any tour;

not being permitted to undertake a tour, or having a otur cancelled (for any reason by us);

your breach of this agreement; and

a contractual or negligence claim made by you or your parent/guardian arising from provision of our tours.

 

Contractors – Some contractors may be engaged as guides or drivers to provide some, or all, of the services for a tour. Fees for services are paid directly to these contractors. We take no responsibility for the fees paid to these contractors. As indicated above, where a contractor provides you the services during a tour then a contract is formed between you and the relevant contractor. You agree that any claim which you might have because of an act or failure to act by such a contractor, must be brought against, and will be the responsibility of, that contractor and not Spoke N Trail (or its directors and employees). You hereby release, indemnify and agree to keep indemnified, Spoke N trail for any loss Spoke N Trail suffers due to a claim made by you as a result of an act or omission by a contractor.  Spoke N Trail will at all times assist, where possible, to resolve any conflict or issues with contractors.

 

Images and videos – By participating in a tour or by signing this Application and Agreement you consent to us using photos and videos of you in any promotion or other material in relation to the business without reference to you and without compensation or remuneration to you.

 

Your physical condition – You promise and represent on the date of the booking, and repeat such warranty and representation each time you participate in a tour, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in a tour or in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Spoke N Trail guides and its contractors may not be medically trained and are therefore not qualified to assess whether you are in good physical condition and/or that you can engage in active or passive exercise without detriment to your health, safety, comfort or physical condition. You must not participate in tours whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other riders.

 

Limitation of Liability

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these terms and conditions. We excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:

we supply to you are rendered with due care and skill; will be fit for the purpose that we advertise; and

will be supplied within a reasonable time. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using our Services is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates. In all other cases our total liability to you will not in any case exceed the amount of $50.

 

Privacy Statement and Acknowledgement

Spoke N Trail will only use, disclose or deal with your information in accordance with our Privacy Policy.