The Nitty Gritty of Bike Glendhu
Terms & Conditions
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, Multi-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 Base 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.
2.5 Minor’s policy: riders under the age of 14 must be accompanied on the trails by a guardian (over 16yrs) the first time riding at Bike Glendhu. Any further visits a guardian must be in the park boundaries for the duration of the minor’s ride.
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 with the exception of season passes and multi-day passes when a Pass Protection Policy was purchased.
5.2 A Pass Protection Policy provides a full or partial refund of the pass when a Pass Protection Event precludes or significantly limits the ability of the passholder to enjoy their season or multi day pass.
5.3 A Pass Protection Event occurs if one or more of the following arise:
(a) the rider suffers any of the following which prevents them from utilising their pass for the entirety or remainder of the season:
i. injury; or
ii. medical condition; or
(b) the rider is unable to access the Bike Glendhu park for the entirety or remainder of the season due to:
i. a relevant order made by the Director-General of Health under the Health Act 1956 (or other legislative instrument, if applicable) which restricts personal movement into or around New Zealand as a result of the Covid-19 pandemic; or
ii. a force majeure event as defined in clause 16 of the Bike Glendhu Limited Terms and Conditions.
5.4 The value of a refund under a Pass Protection Policy will be calculated using a fair use calculator on the following basis;
Season and 10-day pass calculator
0 days (pass unused) – 100% refund
1 day – 87.5% refund
2 days – 75% refund
3 days – 62.5% refund
4 days – 50% refund
5 days – 37.5% refund
6 days – 25% refund
7 days – 12.5% refund
8+ days – No refund
5-day pass calculator
0 Days (pass unused) – 100% refund
1 day – 75% refund
2 days – 55% refund
3 days – 35% refund
4 days – No refund
3-day pass calculator
0 Days (pass unused) – 100% refund
1 day – 60% refund
2 days – 25% refund
5.5 BGL reserves the right to cancel, delay or amend the Hours of Operation of the Bike Park for any reason (including without limitation due to adverse weather conditions, business interruption, business performance, events, or health and safety concerns) or any force majeure event referred to in clause 16 of these Terms and Conditions. BGL will use reasonable efforts to provide the Rider with as much notice as possible in the circumstances.
5.6 BGL reserves the right to vary the Hours of Operation of the Bike Park at any time.
5.7 If customer cancels day of booking, no refund provided.
5.8 If customer cancels within 24 hours, receive 50% refund.
5.9 If customer cancels more than 24 hours in advance, full refund less 20% booking fee.
5.10 If customer cancels 7 days before booking date, full refund.
5.11 Mountain biking is an outdoor activity, and as such we are at the mercy of nature and the following conditions apply to weather events, trail closures and park closure:
5.12 If the park is Closed for any reason we will aim to re-book to another available date or provide a full refund.
5.13 As the season progresses, we have occasional trail closures due to trail conditions. In the case that some trails are closed all pricing remains the same.
5.14 If the park closes part way through the rental session, every effort will be made to rebook the remaining time for another date, or a partial refund for the remaining session time will be applied.
5.15 This policy extends to our heli products which can also be at the mercy of weather. Where possible Bike Glendhu will attempt to re-book the customer should the conditions not be suitable to fly in, otherwise a full refund will be provided.
6. RENTAL GENERAL TERMS AND CONDITIONS
6.1 All rental equipment is hired at the risk of the Hirer,
6.2 The Hirer confirms that the personal information supplied is correct.
6.3 The Hirer accepts full responsibility for the care and security of the equipment for the full duration of the hire period and will return the equipment by the due date and time.
6.4 In the event that rental equipment is damaged or any accessories also hired are beyond repair, lost or stolen – the hirer will be charged the full replacement cost of the item.
6.5 The customer shall pay any expenses, disbursements, and legal costs incurred by Bike Glendhu in the collection of any overdue amounts owing.
6.6 The Hirer indemnifies Bike Glendhu from any liability in the case of injury or damage while riding in accordance with the Risk Disclosure document signed by the Hirer.
6.7 The Hirer authorises Bike Glendhu to store their personal details/data for the use of Bike Glendhu for business purposes only.
6.8 Rental Damage Protection (included with all Rentals) – cover accidental equipment damage and breakage that occurs under normal usage conditions. This protection does not apply to damage resulting from negligence, misuse, lost or stolen equipment. If equipment is lost or stolen the Hirer must report to the police within 48 hours.
6.9 Rental Damage Protection covers the hirer for up to $500 of incidental damage (Adult Bikes) or covers the hirer for up to $250 of incidental damage (Kids Bikes)
6.10 The Hirer has agreed and understood the Terms and Conditions of this hire agreement and agrees to be bound by them.
7. RIDER CONDUCT AND PROPERTY
7.1 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.
7.2 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.
7.3 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.
8.1 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.
9. ACKNOWLEDGMENT OF RISK AND WAIVER OF LIABILITY
9.1 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.
9.2 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.
10. LIMITATION OF LIABILITY
10.1 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.
10.2 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.
10.3 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.
10.4 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.
11. INTELLECTUAL PROPERTY
11.1 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.
12. GOVERNING LAW
12.1 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.
13. DISPUTE RESOLUTION
13.1 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.
14.2 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).
15.1 BGL is an independent contractor and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
15.2 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.
15.3 To waive a right under these Terms that waiver must be in writing and signed by the waiving party.
15.4 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.
15.5 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.
16. FORCE MAJEURE
16.1 BGL will not be liable for any failure or delay in complying with any obligation imposed on BGL under this Agreement if and to the extent that the failure or delay arises directly or indirectly from a cause beyond BGL’s reasonable control and without BGL’s fault (Force Majeure). Force Majeure events under this Agreement include but are not limited to:
a. earthquake, fire, storm and adverse weather conditions for which provision could not reasonably have been made;
b. epidemic or pandemic; or
c. act or omission of any governmental body not arising from any act or omission by, or on behalf of, Bike Glendhu Limited.
17. SHUTTLE REFUNDS AND CANCELLATIONS
17.1 BGL reserves the right to cancel a Heli Lift or Shuttle Product for any reason (including without limitation due to adverse weather conditions, business interruption, business performance, events, or health and safety concerns) or any force majeure event referred to in clause 16.
17.2 BGL will use reasonable efforts to provide the Rider with as much notice as possible in the circumstances.
17.3 The Rider will be booked into a specific time-slot for the Heli Lift or Shuttle Product. If the Rider is late for the allocated time-slot then BGL is not required to extend the time-slot and the booking may be cancelled by BGL.
17.4 If the Rider purchases a 2-Hour Shuttle Product and an Emergency Response arises, the following refund and cancellation policy will apply:
a. If BGL experiences an Emergency Response within the first hour of the 2-Hour Shuttle Product, the full amount paid for the 2-Hour Product will be refunded to the Rider.
b. If BGL experiences an Emergency Response within the first half of the second hour of the 2-Hour Shuttle Product, the Rider will receive a 50% refund of the amount paid for the 2-Hour Product.
c. If BGL experiences an Emergency Response within the second half of the second hour of the 2-Hour Shuttle Product, the Rider will receive a 25% refund of the amount paid for the 2-Hour Product.
17.5 If the Rider purchases a 3-Hour Shuttle Product and an Emergency Response arises, the following refund and cancellation policy will apply:
a. If BGL experiences an Emergency Response within the first hour of the 3-Hour Shuttle Product, the full amount paid for the 3-Hour Product will be refunded to the Rider.
b. If BGL experiences an Emergency Response within the second hour of the 3-Hour Shuttle Product, the Rider will receive a 50% refund of the amount paid for the 3-Hour Product.
c. If BGL experiences an Emergency Response within the last hour of the 3-Hour Shuttle Product, the Rider will receive a 25% refund of the amount paid for the 3-Hour Product.
18. BUDDY PASS
All season pass holders are eligible for one 50% off buddy pass for a friend or family member. Offer does not apply for free passes (Under 5, over 75 and complementary).
19. DAILY AND MONTHLY PASS CALCULATIONS
The daily pass calculation is based on 261 days of riding. The monthly pass calculation is based on 37 weeks of riding throughout the season.
19.1 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, business interruption, business performance, events, or health and safety concerns) or any force majeure event referred to in clause 16. BGL will use reasonable efforts to provide the Rider with as much notice as possible in the circumstances.
19.2 BGL reserves the right to vary the Hours of Operation of the Bike Park at any time.