Terms & Conditions of Bike Glendhu
THE NITTY GRITTY
1 PASS DESCRIPTION
1.1 These terms and conditions (Terms) will apply to all persons and where applicable any agent of those persons (collectively Riders) holding a Pass for Bike Glendhu Limited’s Bike Park (BGL).
1.2 In these Terms:
a. Bike Park means the bike park owned and operated by Bike Glendhu Limited at Glendhu Station, Wanaka, New Zealand.
b. A Pass and Passes means any of the Day Pass, Five Day Pass, Ten Day Pass or Season Pass.
2 USE OF PASS
2.1 Riders must carry their physical Pass at all times while in the Bike Park.
2.2 Where a Pass is lost or stolen the Rider will notify BGL (either at the Hub Building at the Bike Park or via email at firstname.lastname@example.org). BGL may, at BGL’s absolute discretion replace the Pass. If BGL elects to replace the Pass BGL may charge a $5 administration fee for issuing the replacement.
2.3 Fraudulent or misuse of a Pass is strictly prohibited. Where BGL suspects, or has reason to suspect, that a Pass is being misused or used fraudulently then BGL may, at its discretion, immediately terminate and confiscate the Pass(es).
2.4 Any Rider who has his, her or their Pass terminated and/or confiscated must immediately leave the Bike Park. BGL reserves its right to prosecute any fraudulent action by any Rider.
3.1 Without limiting any other methods of acceptance, the Rider’s request for BGL to provide the Rider with a Pass constitutes the Rider’s acceptance of these Terms.
3.2 If a Rider is purchasing a Pass for and on behalf of another person then that Rider warrants that he or she has authority to act as agent on behalf of the other person and bind the other person to these Terms.
3.3 BGL may vary these Terms from time to time by giving no less than 20 days written notice to the Rider. Any variation of these Terms will apply to the provision of all BGL’s Passes after the notice period referred to above.
Standard Payment Terms
4.1 All charges are payable in full payment at the time of purchase.
4.2 BGL accepts the following forms of payment:
a. Visa; and
4.3 All BGL prices are inclusive of GST unless otherwise stated and priced in New Zealand dollars (NZD).
5 REFUNDS AND CANCELLATIONS
5.1 All Passes are strictly non-refundable and non-transferable.
5.2 BGL reserves the right to cancel, delay or amend the hours of operation of the Bike Park or any of the Passes for any reason (including without limitation due to adverse weather conditions). BGL will use reasonable efforts to provide the Rider with as much notice as possible in the circumstances.
6 RIDER CONDUCT AND PROPERTY
6.1 The Rider agrees to comply with BGL’s rules of conduct and all reasonable directions given to the Rider by BGL or its personnel. BGL reserves the right to decline, to accept or retain any person at the Bike Park if they fail to comply with such directions or rules of conduct or for any other reason including reasons of health or safety or the protection of property.
6.2 For safety reasons BGL reserves the right to decline the Rider entry to the Bike Park or refuse to allow the Rider to bring certain items onto the Bike Park where BGL considers (in BGL’s sole and absolute discretion) there to be a risk to personnel or other users of the Bike Park. The Rider authorises BGL to search the Rider’s personal property if BGL considers that it may contain dangerous or prohibited items that the Rider has not declared.
6.3 The Rider is responsible for all of the Rider’s personal property and the Rider acknowledges that it carries all personal property at its own risk.
7.1 The Rider is responsible for holding and maintaining appropriate insurance for all insurable risks (including without limitation travel insurance) relating to the Pass and the Rider’s personal property.
8 ACKNOWLEDGMENT OF RISK AND WAIVER OF LIABILITY
8.1 The Rider acknowledges that due to the nature of BGL’s Bike Park and that mountain biking is an adventure sport, BGL cannot guarantee the Rider’s personal safety or the safety of the Rider’s personal property.
8.2 As a condition of BGL providing a Pass to the Rider and the Rider entering into the Bike Park, the Rider agrees to enter into BGL’s standard form Waiver of Liability and Responsibility.
9 LIMITATION OF LIABILITY
9.1 BGL and its directors, employees, agents and contractors (BGL’s Personnel) are not liable to the Rider or to any third party:
a. for any loss, damage, injury, death, delay, disruption, changes in opening hours or Passes, inconvenience, cost or expense sustained or incurred arising out of or in connection with BGL’s Passes unless it was directly caused by an act or omission of BGL;
b. for any failure of BGL to perform its obligations to the extent caused by any force majeure event or an act of God beyond BGL’s control (including but not limited to fire, floods, lightning, atypical weather conditions accidents to or failure of machinery or equipment); or
c. for any special, indirect or consequential damage or loss of any kind (including without limitation loss of business, loss of profits, business interruption) arising out of or in connection with the Passes or access to the Bike Park.
9.2 Despite anything to the contrary in these Terms, the liability of BGL and BGL’s Personnel to the Rider or their respective personnel or any third party in connection with the Passes, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the amount paid to BGL for the Passes that are the subject of the particular claim.
9.3 The Rider indemnifies BGL and BGL’s Personnel against any loss or liability suffered or incurred at any time by BGL and BGL’s Personnel that is directly or indirectly caused by a breach of the Rider’s obligations under these Terms.
9.4 All warranties and representations (including those expressed or implied by law) in respect of BGL and BGL’s Passes are excluded to the extent permitted by law. If the Rider is acquiring a Pass(es) from BGL for the purposes of a business then the guarantees contained in the Consumer Guarantees Act 1993 are excluded.
10 INTELLECTUAL PROPERTY
10.1 Title to, and all intellectual property rights in connection with BGL’s Passes remains the property of BGL. If a Rider provides any ideas, comments or suggestions relating to the Passes, the Bike Park or BGL’s operations generally then all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by BGL.
11 GOVERNING LAW
11.1 These terms are governed by, and must be interpreted in accordance with, the laws of New Zealand. The Rider submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms.
12 DISPUTE RESOLUTION
12.1 Before taking any Court action, a party must use best efforts to resolve any dispute under, or in connection with, these Terms through good faith negotiations but this requirement does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
13.2 Except to the extent the Rider or their respective business or brand can be readily identified, the Rider agrees that BGL may take photographs or videos from time to time as part of its daily operations. The Rider irrevocably grants BGL an unrestricted, non-exclusive, perpetual, transferable and royalty free licence to copy, use and disclose such photographs or videos (including for promotional purposes).
14.1 BGL is an independent contractor and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
14.2 These Terms are personal to the Rider and the Rider is not entitled to assign or transfer its rights or obligations in respect of his, her or their Pass or under these Terms to another party without BGL’s written consent. BGL may assign or transfer its rights or obligations under these Terms without the Rider’s consent.
14.3 To waive a right under these Terms that waiver must be in writing and signed by the waiving party.
14.4 If there is any conflict between these Terms and any other agreement with the Rider then the provisions of these Terms will prevail except to the extent that BGL notifies the Rider in writing.
14.5 Any illegality, unenforceability or invalidity of a provision of these Terms does not affect the legality, enforceability or validity of the remaining provisions of these Terms.