1.1 Terms and conditions of MTB Express. Please read carefully the following terms and conditions. In completing and submitting the online booking form or by accepting an estimate, you (meaning the person making the booking) agree to be bound by these conditions that form the agreement between MTB Express and you, the passenger.
2. Use of Tickets
2.1 A fully paid booking or valid ticket scanned by the driver is a condition of travel on all MTB Express shuttle services. All tickets and or bookings are non transferable to another person and can only be used on the route or service booked on.
3. Booking Tickets / Promotions and Offers
3.1 Tickets can be pre-purchased online from our website at mtbexpress.com.au or you can walk up and pay a driver. Walk ups are subject to availability and discretion of MTB Express.
3.2 All bookings must be paid in full at time of booking except for group package bookings. Group package bookings need to pay a 20% deposit at the time of booking with the balance due in full 14 days before the first booked departure date.
3.3 We reserve the right to cancel any transfer, shuttle or tour booking where the balance due is not paid in full by the due date and resell the booked seat(s). 100% of what has been paid so far for the unpaid booking will be forfeited.
3.4 Acceptance. By using a redemption code for an offer or receiving a discount by MTB Express you agree to accept and be bound by these terms and conditions.
Offer Period. Promotions are only available for a limited time only and for as long as it is advertised. MTB Express has the right to cancel or change any promotion or offer at any time without notice and in its sole discretion.
Conditions. Promotions cannot be applied to previous purchases nor combined with any other offers or discounts.
4. Cancellations and Changes
Cancellation by You
4.1 If you wish to cancel your booking, Once we receive your notice of cancellation, cancellation will take effect on that time and date subject to the following:
4.2 For all shuttle bookings (except group bookings, see 4.3);
- If you cancel your booking 72 hours or more from the first booked departure time then you will receive a full refund less than a 25% cancellation fee.
- If you cancel your booking less than 72 hours from the first booked departure time then a 100% cancellation fee will apply.
4.3 For all group bookings (4 or more persons on the same booking);
- If any participant cancels any part of a group booking 14 days or more from the first booked departure date then you will receive a full refund less than a 25% cancellation fee.
- If any participant cancels any part of a group booking 14 days or less from the first booked departure date then a 100% cancellation fee will apply.
4.4 Credit card surcharge and Booking fees are non-refundable and non transferable.
Changes by You
4.5 If you wish to change your booking you must notify us at least 72 hours before your first booked departure time. Changes are limited to 2 changes per booking.
4.6 Any change requests by you are at the discretion of MTB Express and subject to our cancellation policy and availability.
Cancellation by Us
4.7 Force Majeure if MTB Express is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of terrorism, acts or omissions of a third party or any other cause whatsoever outside MTB Express reasonable control, MTB Express will be under no liability to you and may, at its option, by written notice, either cancel the transfer, shuttle or tour service or arrange alternative service arrangements.
4.8 MTB Express also reserves, in its absolute discretion, the right to cancel any transfer, shuttle and tour service due to minimum numbers not being met, any government travel warning or advice, or any change in such warning or advice. In this event section 4 of our terms and conditions applies in respect of the cancellation or transfer of a service. Travel insurance may compensate you depending on the circumstances.
Changes by Us
4.9 Route and Cost Changes. MTB Express reserves the right to:
- Change the cost of any service and/or date of departure or conclusion of any transfer, shuttle or tour service, or, modify any aspect of any transfer, shuttle or tour service, or postpone, cancel or delay any such aspect of any service if in the absolute discretion of MTB Express, if it is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions which may affect the safety of participants.
- In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right of refund of the service price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
5. Unaccompanied Minor
5.1 Minors aged 17 years and under may travel unaccompanied but their supervision and safety is the sole responsibility of their parent or guardian.
5.2 All MTB Express drivers have working with children checks done and hold a valid working with vulnerable people (child related activity) accreditation.
6. Behaviour, Alcohol and Food
6.1 The consumption of any food, hot or cold drinks (except water) and alcohol on any bus operated by MTB Express is strictly prohibited.
6.2 The smoking of cigarettes, e-cigarettes, vapers or the carrying, using or selling of any prohibited/illegal substance is also prohibited.
6.3 We will require any passenger to disembark, or permission to board will be refused, if in the opinion of MTB Express or the driver and in their sole discretion:
- The passenger appears to be or is affected by alcohol or drugs;
- There is a threat to any passenger or MTB Express staff member as a result of violent, abusive or aggressive behaviour. Violence, abuse or aggression in any form will not be tolerated and we will report any such behaviour to the police.
7. Carrying of Personal Property
7.1 MTB Express accepts no responsibility and is not liable for any damage to, theft or loss of any passengers property including but not limited to all personal items, luggage and mountain bikes.
7.2 While we take great care to strap your bikes down securely on our purpose built quality mountain bike shuttle trailers passengers are responsible for the protection of fragile items and must ensure that no item causes any danger, obstruction or inconvenience to other passengers, the driver or the bus.
8. Unclaimed Personal Property
8.1 Any personal property that is left on a MTB Express vehicle will be stored at the owner’s risk for no more than 90 days.
9. Drivers and Passengers
9.1 Passengers also acknowledge that their luggage must be stowed safely and securely in the bus or trailer.
9.2 Passengers acknowledge that by boarding any bus operated by MTB Express that they may be filmed by security CCTV footage and any film taken may be used by MTB Express strictly for purposes relating to issues of security and arising from the journey or for the purposes of legal proceedings by MTB Express or third parties.
10. Pets
10.1 Any pet, with the exception of a registered assistance dog, cannot be allowed to travel on the bus.
11. Assumption of Risk and Safety Declaration
11.1 You acknowledge that: By its very nature mountain bike riding can be more challenging and demanding with a commensurately high level of risk, and involve potential exposure to injury and possibly death, and:
11.2 You are solely responsible for your riding and own judgement to participate within your capabilities and that you are solely responsible for your health and well being.
11.3 Operational control of the transfer, shuttle or tour service may be in the hands of a third party and that your right of action in regard to any shortcoming of that third party’s performance is against the third party and not against MTB Express, and
11.4 The additional dangers and risks associated with mountain bike riding may include difficult and dangerous terrain, extremes of weather, including sudden and unexpected changes, remoteness from normal medical services and from communications and evacuation difficulties in the event of illness or injury
11.5 We reserve the right to withdraw any person who in our opinion is likely to endanger themselves or others. We also reserve the right to cancel any service if we become concerned for any reason for your safety or that of any other person.
11.6 You must listen to our trail safety brief, follow any instructions, obey any trail rules and use the appropriate riding safety equipment at all times.
11.7 Personal bikes must be of good standard, in working order and adequately suitable for the trails they intend to be ridden on. All personal equipment should meet Australian Standards and be in adequate condition and suitable for riding on mountain bike trails.
11.8 For the above reasons you accept the inherent and increased dangers and risks associated with the proposed adventure and the accompanying risk of injury, death or property damage or loss.
12. Limitation of Liability
12.1 To the maximum extent permitted by law:
- All passengers and their property are entirely at their own risk;
- MTB Express will not be liable to the passenger for death, sickness of or any other injury to any passenger or for any other injury, loss or damage suffered by the passenger whether personal or consequential or otherwise, however caused;
- MTB Express will not be liable for the loss of or damage to any personal property including bike, hire bikes, luggage, or other goods, whether or not such loss or damage is suffered, or is caused by anything occurring before, after, or in the course of any journey; and
- MTB Express liability to a passenger is limited to the amount paid by the passenger for their shuttle booking.
12.2 It is Your responsibility to meet any airline’s check-in time and to allow sufficient time for unexpected delays, traffic congestion, unavailability, accidents, road works, delays or interoperability of transport services between the car park and the terminal (if any).
12.3 We have no liability to you if you miss your flight unless caused by the negligence of MTB Express or its agents or employees, and then only to the extent that MTB Express negligence has caused or contributed to any additional costs You incur in:
- Re-booking your flight at a later day and time; and
- Any accommodation costs incurred provided that a later flight is not available on the original date of travel.
13. Travel Insurance
13.1 Travel insurance is highly recommended to make sure that you are adequately insured in respect of any injury, damage or loss of personal property items, service cancellation or curtailment.