Terms & Conditions

 

1.1 In these Standard Terms and Conditions:

 (1) Adult means a person aged 17 years or above;

 (2) Booking Agent means any person authorised by Scooter Roo Tours to sell Tickets;

 (3) Check-in Premises means 21 Bicentennial Dve., Agnes Water, Queensland, Australia;

 (4) Child means a person aged from 8 to 17 years inclusive;

 (5) Ride means a ride on private property owned or leased by Scooter Roo Tours and public roads in the state of Queensland.

 (6) Rider means a person holding a valid Ticket or Voucher;

 (7) Declaration Form means a form which includes, but is not limited to:

 (a) statements that the rider does not suffer from any medical condition which may prevent them undertaking the ride such as a dizziness, back or leg problems, a heart condition, epilepsy, uncontrolled asthma, vision impairment, depression, pregnancy or recent surgery; and

 (b) acknowledgements that the rider has entered SRT premises at their own risk and will participate in the ride at their own risk.

 (8) Gift Certificate means a gift certificate for a ride to be exchanged for a Ticket from SRT;

 (9) Membership Discount means a discount on the ticket price for rides granted to members of various clubs, associations or other entities as decided by SRT in its absolute discretion from time to time;

 (10) Non-Operative Days means:

 (a) 25 December in every calendar year;

(b) any other non-operative day determined by SRT from time to time.

 (11) SRT means Scooter Roo at 1770 P/L as trustee for the Scooter Roo Unit Trust ABN 37 799 165 626;

 (12) SRT Merchandise means any goods or services offered for sale by SRT in relation to rides including, but not limited to rides and photographs and goods bearing a Scooter Roo logo;

 (13) SRT Premises means any premises or land occupied or used by SRT including the Check-in Premises;

 (14) Ticket means:

 (a) a ticket issued by SRT entitling a person to participate in a ride; and

 (b) a print-out of a ride receipt emailed by, or on behalf of, SRT to a person who has made a booking; and

 (15) Voucher means a voucher for a ride issued by a Booking Agent.

 1.2 Interpretation

 (1) Reference to:

 (a) one gender includes the others;

 (b) the singular includes the plural and the plural includes the singular;

 (c) a person includes a body corporate;

 (d) a party includes the party’s executors, administrators, successors and permitted assigns;

 (e) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

 (i) that Statutory Provision as amended or re-enacted;

 (ii) a statute, regulation or provision enacted in replacement of that Statutory Provision; and

 (iii) another regulation or other statutory instrument made or issued under that Statutory Provision; and

 (f) money is to Australian dollars, unless otherwise stated.

 (2) “Including” and similar expressions are not words of limitation.

 (3) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

 (4) Headings and any table of contents or index are for convenience only and do not form part of Standard Terms and Conditions or affect its interpretation.

 (5) A provision of these Standard Terms and Conditions must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Standard Terms and Conditions or the inclusion of the provision in the Standard Terms and Conditions.

 (6) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.

 1.3 Parties

 (1) If a party consists of more than 1 person, these Standard Terms and Conditions binds each of them separately and any 2 or more of them jointly.

(2) An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.

(3) A party which is a trustee is bound both personally and in its capacity as a trustee.

 2. Introduction

 2.1 SRT sells Rides, Gift Certificates and SRT Merchandise in accordance with these Standard Terms and Conditions.

 3. SRT’s operating policy

 3.1 SRT has the right to, at any time:

 (1) increase, decrease, change or cancel any advertised routes or departure times for Rides;

(2) change any advertised prices for Tickets or Gift Certificates;

(3) deny any person participation in the Ride for any reason regardless of whether the person has

 (a) previously purchased a Ticket; or

(b) holds a Voucher; and

(4) add to the list of Non-operative Days.

 3.2 SRT expects to operate Rides in all weather conditions except:

 (1) electrical storms;

(2) hail storms;

(3) torrential rain;

 3.3 If a Ride does not proceed, riders may:

 (1) request that they be re-booked for another Ride in which case they will be rebooked in order to meet the riders preference subject of course to availability of places on the desired rescheduled ride or

(2) request a refund.

 3.4 If a Rider requests a refund pursuant to clause 3.3 of these Standard Terms and Conditions, then the refund will be granted in accordance with the procedure set out in clause 7.6.

 4. Check-in policy

 4.1 Riders must:

 (1) check-in for their Ride at the Check-in Premises 15 minutes before the departure time listed on the Rider’s Ticket or Voucher;

(2) present a valid Ticket or Voucher at check-in; and

(3) present proof of identification and proof of membership at check-in if the Rider claimed a Membership Discount.

 4.2 If a Rider does not check-in in accordance with clause 4.1 of these Standard Terms and Conditions, SRT may deny the person participation in the Ride without granting a refund to the person.

 5. Participation policy

 5.1 SRT may deny entry to a person if their Ticket or Voucher is damaged, defaced or not purchased from either SRT or a Booking Agent.

 5.2 SRT has the right to refuse participation in the Ride if a person presents a Ticket or Voucher which, in SRT’s opinion, is not valid.

 5.3 In order to undertake a Ride, riders must:

 (1) hold a current, valid drivers licence issued by a recognised authority.

(2) the licence can be of open, learners or provisional type.

(3) be in the opinion of SRT staff mentally competent;

(4) be in the opinion of SRT staff physically competent; and

(5) sign a Declaration Form.

 5.4 SRT may require that any rider complete a test to assess their capability for the Ride.

 5.5 One paying Adult rider must only carry himself, no passengers/pillions allowed.

 5.6 No person will be permitted to commence a Ride if:

 (1) the concentration of alcohol in their blood is equal to or greater than .05%; or

(2) they are in the opinion of SRT staff affected by drugs whether prescribed or not.

 5.7 SRT has the right to breath test all Riders.  If a rider refuses to be breath tested, SRT will deny the person participation in the Ride and will not issue a refund to the rider.

 5.8 Smoking is not permitted either:

 (a) Whilst on the bike; nor

(b) within SRT Premises.

 6. Safety policy

 6.1 All Riders must:

 (1) wear the safety clothing and equipment provided for use during the Ride;

(2) return the safety clothing and equipment to SRT immediately after the Ride;

(3) obey all directions and instructions of SRT’s representatives during the Ride.

 6.2 Climbers must not:

 (1) carry any personal items during their Ride excluding, but not limited to, cameras,  pagers, mobile phones;

(2) conduct themselves in a manner which adversely affects the enjoyment or safety of other persons leading or undertaking the Ride;

(3) remove or interfere in any way with any part of the bike or any of the equipment used during the Ride.

 6.3 SRT will provide riders with secure storage to store backpacks, bags and other personal belongings if required.

 6.4 SRT has the right to remove any Rider from a Ride if the Rider does not comply with these Standard Terms and Conditions.  A refund will not be granted if a Rider is removed from the Ride pursuant to this clause.

 7. Booking policy

 7.1 Tickets must be paid for at the time of booking unless otherwise agreed by SRT.

 7.2 SRT may charge a booking fee or credit card transaction fee on the purchase of Tickets.

 7.3 Tickets are non-refundable, non-transferable and are only valid for the booked Ride.

 7.4 Bookings may be changed up to 2 days prior to the date of the original booked Ride.  Changes may only be made to the time or date of the ride but not to the number or identity of Riders.  SRT may charge an administration fee if Tickets are changed to another date or time.

 7.5 Refunds will not be issued except in accordance with these Standard Terms and Conditions or as agreed in writing by SRT.  If a refund is granted then:

 (1) if the Ticket or Voucher was booked through a Booking Agent, the person must contact the agent that the ticket was booked through for redemption with the Booking Agent;

(2) if the Ticket was brought directly from SRT, SRT will reimburse the person who made the booking for the cost of the Ticket.

 8. Riders’ release

 8.1 Each Rider releases SRT, its employees and agents from liability or loss or injury to the Rider from any cause, and whether due to the negligence of SRT or any other person.

 8.2 Each Rider releases SRT from all sums of money, accounts, claims, actions, proceedings, demands and expenses which the Rider at any time may have against SRT for or by reason or in respect of any act, cause, matter or thing.

 9. SRT’s liability

 9.1 Each Rider indemnifies SRT against:

 (1) all losses incurred by SRT;

(2) all liabilities incurred by SRT; and

(3) all costs actually payable by SRT to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by SRT in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);

arising directly or indirectly as a result of or in connection with any act or omission of the Rider.

 10. Booking Agents’ Liability

 10.1 If a Booking Agent sells any Tickets or Vouchers on behalf of SRT, the Booking agent indemnifies SRT against:

 (1) all losses incurred by SRT;

(2) all liabilities incurred by SRT;

(3) all costs actually payable by SRT to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by SRT in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);

arising directly or indirectly as a result of or in connection with any acts or omissions of the Booking Agent.

 11. Gift Certificate Policy

 11.1 Gift Certificates will be sold for either:

 (1) $75.00 per Ride; or

(2) $55 for a Child / Pillion Ride.(koala)

 11.2 Gift Certificates may be used for any Ride, subject to availability and subject to clause 11.3, however if the advertised price of the Ride taken is less than the cost of the Gift Certificate the difference in price will not be refunded to any person.

 11.3 A Ride, granted by issue of a gift Certificate, must be booked within 6 months of the date of issue of the Gift Certificate. Gift Certificates / tickets are non-refundable. (NB Ride to be booked within 6 months, but the Ride can be scheduled for any future date subject to the gift certificate type and availability).

11.4 Gift Certificates are not valid for the Surf and Ride package or any other special offer packages. Call 07) 4974 7697 for details.

 12. SRT Merchandise Policy

 12.1 SRT merchandise purchased from, or supplied by, SRT may only be used for private or domestic purposes.

 12.2 SRT merchandise must not be used by any person for any commercial purpose without SRT’s prior written approval.

 13. SRT’s discretion

 13.1 SRT may use its absolute discretion in exercising any of the rights granted to it pursuant to these Standard Terms and Conditions.

 14. Governing law and jurisdiction

 14.1 The law of Queensland governs these Standard Terms and Conditions.

14.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.