HELIBIKE NEW ZEALAND LIMITED
(T/A HELIBIKENZ & QUEENSTOWN BIKE TAXIS & ALL MOUNTAIN)
TERMS & CONDITIONS / ACKNOWLEDGEMENT OF RISK(S)
• All activities are operated by Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”).
• Mountain biking is an adventure activity that has real risks, and customers participate at their own risk.
• Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) operates to the highest safety standards & takes all practicable steps to ensure customers safety within its operation regard to,
(Including, but not limited to; Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) staff undertaking comprehensive safety & information briefings with customers at multiple times throughout the trip / tour)
However… once customers are riding the bike, they acknowledge that they are 100% responsible for their own safety in regards to their trail & terrain reading skills & bike riding ability.
Customers acknowledge that the activity of mountain biking has real risk & can result in serious injury or even death.
• Customers understand that HeliBike NZ” and “All Mountain NZ operate in environments where natural hazards exist.
Some of these natural hazards (earthquakes / landslides / rockfalls etc) can occur suddenly without warning & cannot be mitigated for.
Customers acknowledge that trips may also be changed or cancelled due to unmitigated natural hazard risks deemed too severe.
• Customers will follow the instructions of Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) staff & Glacier Southern Lakes Helicopters Staff at all times
• If a customer uses their own bike and their own safety gear, The are responsible for making sure it’s in good operational condition, and use it at their risk and cost.
• Customers will properly wear and use safety equipment. (their own or rental)
• Customers are physically fit and will fully disclosed to Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) their medical conditions and injuries.
• Customers will not be under the influence of any drug or alcohol. Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) may test them. If they refuse or fail a test, they will be able to participate.
• Customers will not take any flammable or pressurised item on the trip / tour without first checking it with Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”)
• Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) may search customers belongings and take anything off them deemed dangerous or hazardous.
• Environmental conditions are at the customer’s risk.
Customers acknowledge that they are heading into a mountainous environment with possible extreme weather conditions, & have the
appropriate clothing & gear for the conditions
• Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) may delay or stop customers participating without compensation if safety is compromised for example, should they fail to follow instructions, or their safety is compromised due to their lack of riding ability or skills etc
• Customers consent to any medical treatment to them (if they are incapacitated or incoherent, hindering their decision making ability) while on or after participating in any trip / tour with Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”)
• Despite what Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) say or do, Customers freely accept and fully assume, every risk, danger and hazard to them or others in relation to this activity, including illness, physical or mental injury, trauma, creation or worsening of a medical condition, death or property damage or any loss or cost to them or to others.
• Customers know the NZ Accident Compensation Scheme is limited and the customer should have their own insurance cover.
• Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) may record customers participation and use or broadcast any recording as they want without any reward to me or to others.
• To the extent allowed by law:
Any duty or liability customers have to Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) that may be excluded is excluded.
Customers are excused for anything beyond their control.
• Customers will not be liable to Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) or anyone else for, and will waive any claim and will indemnify Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) in relation to, any claim (in contract or tort, including negligence, under statute or otherwise) for, any physical or mental injury, trauma, creation or worsening of a medical condition or death to them or others, any damage to or loss of property, disruption to travel, or any indirect (including special or consequential) damage, loss (including of profits, business or other economic loss) or cost (including legal costs) in relation to this activity, their participation or for anything caused or contributed to by Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) or the customer.
• New Zealand law governs with non-exclusive jurisdiction of New Zealand Courts, but customers can only take legal action against Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) in New Zealand.
Helibike New Zealand Limited (including brands “HeliBike NZ” and “All Mountain NZ”) = HeliBike NZ Limited (NZBN 9429046997166) / Lake Adventures limited (NZBN 9429030376847) and any location owner or operator of the activity and each of their respective directors, officers, employees, contractors, agents and other representatives.