Top Trail Terms and Conditions and Risk Disclosure Statement

1. Parties and Application

These Terms and Conditions apply to all bicycle and e-bike hire, shuttle services, self-guided trips and tour packages supplied by Te Wahapu Trading Co Limited trading as Top Trail (Top Trail, we, us or our).

By making a booking, hiring equipment or participating in a Top Trail service, the customer and each participant agrees to be bound by these Terms and Conditions.

2. Bike and Equipment Hire Conditions

• The hirer is responsible for all bicycles, e-bikes, helmets, locks, batteries, chargers and any other equipment supplied by Top Trail for themselves and for any other rider included in their booking.
• The hirer accepts responsibility for all repair, replacement, recovery, freight, labour, administration and other reasonable costs arising from loss, theft or damage to hired equipment during the hire period, except to the extent covered by any Lock & Roll Cover purchased and subject to its terms, conditions and exclusions.
• The hirer must use the supplied lock to secure any bicycle or e-bike whenever it is not being ridden.
• Where equipment is not returned to the agreed location or by the agreed return time, the hirer is responsible for all reasonable recovery and transport costs and may incur additional hire charges until the equipment is returned.
• Top Trail is responsible for mechanical failures arising from normal wear and tear. The hirer is responsible for damage or failure arising from misuse, neglect, accident, failure to follow instructions or unauthorised modification of equipment.

3. E-bike Conditions

• E-bike batteries and chargers must only be used in accordance with Top Trail instructions.
• Only the charger supplied or approved by Top Trail may be used to charge an e-bike battery.
• The hirer is responsible for damage caused by misuse, water immersion, improper charging, unauthorised repair or interference with any battery, motor or electrical component.

4. Booking, Payment and Cancellation Terms

• Full payment is required prior to departure for all bookings unless otherwise stated below.
• For group bookings of more than six (6) participants that do not include accommodation, a 25% deposit is required at the time of booking. Final participant numbers must be confirmed, and the balance paid, no later than 14 days prior to departure.
• For 1 and 2 Day multi-day bookings that include accommodation, a 25% deposit is required at the time of booking. Final participant numbers must be confirmed, and the balance paid, no later than 14 days prior to departure.
• For 3 Day multi-day bookings that include accommodation, a 25% deposit is required at the time of booking. Final participant numbers must be confirmed, and the balance paid, no later than 30 days prior to departure.
• Deposits are refundable up until the applicable balance due date. Once the balance due date has passed, all payments are non-refundable. Reductions in participant numbers after the applicable confirmation date may be charged at the full applicable booking rate unless otherwise agreed by Top Trail.
• Replacement participants may be substituted at no charge before departure, provided the replacement participant accepts these Terms and Conditions and meets any applicable riding, age and safety requirements.
• No booking is confirmed until payment has been received and acknowledged in writing by Top Trail.
• Changes to bookings may incur an administration fee of up to $25 per person per change. Additional fees may apply where multiple changes are requested.
• Credit card payments may attract a 2.5% surcharge.

5. Cancellation or Changes by Top Trail

• Top Trail may cancel, reschedule or modify any booking or service if minimum numbers are not reached, if weather or trail conditions create safety concerns, if a participant is not able to ride safely, or for circumstances beyond our reasonable control.
• If Top Trail cancels a booking, customers will be offered the choice of a rescheduled booking, credit or full refund.
• Top Trail may decline to accept, or may exclude, any participant whose health, riding ability, behaviour or failure to follow instructions creates a risk to themselves, other participants, staff or the public. In those circumstances, Top Trail is not obliged to provide a refund or transfer.

6. Risk Disclosure Statement

Cycling can be adventurous and rewarding, but it involves inherent risks. Top Trail aims to provide a safe and enjoyable experience, but participants must understand and accept the nature of the activity before participating.

Inherent risks may include, but are not limited to:

• Slips, trips or falls from your bike or on uneven, steep or changing terrain.
• Collisions with natural features such as rocks, trees, roots or rivers, or with other riders.
• Weather-related risks including rain, wind, heat or rapidly changing conditions.
• Mechanical failure of equipment despite regular maintenance.
• Physical exertion that may result in fatigue, dehydration or medical events.
• Remote locations that may delay medical treatment or emergency response.
• Collisions with vehicles on public roads and state highways. New Zealand traffic drives on the left-hand side of the road.
• Dogs, stock and other animals on or near the trail.
• Train movements and train tunnels.

Participant Waiver and Risk Acknowledgement

• As part of Top Trail’s safety and risk management processes, participants will be emailed a link to complete an electronic waiver and risk acknowledgement form through the Wherewolf system prior to departure. A separate form should be completed by each participant included in the booking.

7. Rider Responsibilities

Each participant must:

• Read the trip description and select a trip suitable for their riding ability, fitness and experience.
• Follow all instructions given by Top Trail staff or guides, including during safety briefings.
• Follow all accommodation, activity provider and venue rules and safety protocols.
• Wear a helmet at all times while riding and use any other safety equipment supplied or instructed by Top Trail.
• Ride within their personal skill, fitness and medical limits.
• Disclose any medical condition or limitation that may affect their ability to participate safely.
• Carry any personal medication they may require.
• Respect other participants, road users, trail users, local communities and the natural environment.
• Comply with all traffic laws, trail rules and local regulations.
• Report any damage to bikes or equipment to Top Trail as soon as possible.
• Take responsibility for their own personal belongings. Top Trail is not liable for lost, stolen or damaged personal items.
• Confirm that they are physically and medically able to participate and have not been advised against cycling by a health professional.

8. Group Bookings and Under 18s

• These Terms and Conditions apply to each participant included in a booking.
• Where a booking is made for two or more people, the person making the booking must ensure that each participant is made aware of, and accepts, these Terms and Conditions.
• The person making the booking accepts responsibility for the supervision of, and compliance with these Terms and Conditions by, any participant under 18 years of age included in the booking.

9. Top Trail Responsibilities

Top Trail will:

• Comply with the Health and Safety at Work Act 2015 and take reasonably practicable steps to ensure participant safety.
• Provide well-maintained equipment and protective gear, including helmets and any other equipment Top Trail considers necessary.
• Deliver a safety briefing before departure.
• Monitor conditions and adjust, reschedule or cancel an activity where risks become unacceptable.
• Maintain emergency procedures, including access to first aid.

10. Medical Conditions, Medication and Emergency Response

• Participants must inform Top Trail of any medical condition, medication, allergy or limitation that may affect their health, safety or ability to participate.
• Participants who require medication must carry it with them during the activity.
• Medical and personal information supplied by participants is collected solely for safety, risk management and emergency response purposes. Top Trail will treat all such information with the strictest confidentiality and will only use or disclose it where reasonably necessary for those purposes or where required by law.

11. Weather

Adverse weather or trail conditions may mean that planned activities cannot proceed as intended. Decisions to change, reschedule or cancel an activity will be made by Top Trail in the interests of safety.

12. New Zealand Law and Consumer Rights

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights or remedies that cannot be excluded under New Zealand law, including the Consumer Guarantees Act 1993.

13. Acknowledgement

By making a booking, hiring equipment or participating in a Top Trail service, you acknowledge that you have read, understood and accepted these Terms and Conditions and the risks outlined above.

Updater June 26