LB tOURS Ts&cs

Lycra Bros Tours Booking Terms & Conditions

Please read thoroughly and complete the form at the bottom to accept these terms and conditions.

Version Date: 25.02.24

1. OUR CONTRACT

All bookings are made with J and P Imports Pty Ltd (ABN 46 154 282 729) (us/we). By booking a tour with us you are making a booking which incorporates these Booking Terms & Conditions. Your booking will be accepted by us on the basis that you have read, understood and agreed to these Booking Terms & Conditions. The Booking Form, the Booking Terms & Conditions and the Tour Confirmation Invoice will constitute the entire agreement between you and us.

2. VALIDITY

All dates and itineraries published on our website Calendar are valid based on current conditions. COVID-19 restrictions may cause price, dates, location etc. changes.

3. DEPOSITS REQUIREMENTS

You are required to pay a non-refundable deposit of 20% of the total tour price per person per tour for your booking to be confirmed. If your booking is made within 60 days of the departure date then the full amount is payable at the time of booking.

4. BOOKING ACCEPTANCE

If we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and us from the date we issue the confirmation invoice or if you book within 60 days of departure the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments, including how to make the payment. Payment of the balance of the tour price is due 60 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled and any cancellation charges outlined at clause 7 (Cancellation by You) will apply.

5. PAYMENT TERMS

Our payment terms are as follows for bookings made more than 90 days before departure:

  • Upon booking - 20% of tour price

  • 120 days before departure - 40% of tour price

  • 60 days before departure - 40% of tour price

  • Bookings made within 120 days of departure date require 60% deposit

  • Bookings made within 60 days of departure date require 100% of tour price

6. TOUR PRICES AND SURCHARGES

Tour prices are expressed in Australian Dollars (AUD) inclusive of Goods & Services Tax (GST). Payment can be made by Bank Transfer or Credit Card. We reserve the right to impose surcharges up to 30 days before departure due to unfavourable changes in transportation costs, increases in local operator costs, taxes, currency movements or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the tour price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card (subject to applicable laws).

7. YOUR DETAILS

To confirm your booking, we require that you provide all requested details when paying the balance of the tour price. Obligatory details may vary depending on the tour; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.

Failure to provide requested details may result in a non-refundable cancellation of your tour. On all tours, we also require you to complete a FIT TO RIDE CERTIFICATE and WAIVER form which will be provided to you at the time of paying your deposit. For more information about how we treat your personal information please refer to our Privacy Policy.

8. FIT TO RIDE CERTIFICATE AND WAIVER

All tours require you to complete the following forms:

  • FIT TO RIDE CERTIFICATE: to be filled in, signed and stamped by your Doctor

  • WAIVER: to be filled in and signed by you.

9. CANCELLATION BY THE PARTICIPANT

If you cancel some or all portions of your tour, booking cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation.

Travel Insurance: we STRONGLY advise that you have a policy in place and active before booking with us. These cancellation fees will apply if you cancel a whole tour:

^Definition 'Refund subject to 3rd Party'

When you book a tour with us, we engage several 3rd Party businesses to make your tour complete. This could include Hotels, Transfers, Restaurants, bike rentals, etc. When cancelling a tour, the amount of money we can refund to you will be subject to the refund conditions of 3rd Party businesses. The closer you get to the Tour Start Date, the more at risk you are of non-refundable expenses. These non-refundable expenses are out of our control. Our staff will endeavour to gain as many refunds as possible on your behalf.

*No Refund

Whilst we do have a No Refund Policy when cancelling 60 days or less before the Start Date, our staff will endeavour to assist where possible, though no commitment will be made as this is heavily subject to 3rd Party and Internal expenses. If you or we can find a replacement guest to fill you booking we will refund you the price of your tour less any costs incurred by us on your behalf (e.g. production of tour jersey).

COVID-19 and Border Closures

In the case of travel restrictions put in place by any Government body, the Deposit andBalance Refund and Credits will be subject to adjustments based on 3rd Party and Internal expenses.

If the cancellation is due to you having COVID-19/ “flu-like symptoms”, supported by a medical certificate and valid COVID test, we will consider 100% of monies paid by you in connection with the booking as a Credit.

Any credit resulting from a cancellation under this clause 7 (Cancellation by you) does not have an expiry date and may be applied towards any other available tour offered by us. This credit is not transferable or redeemable for cash.

You are strongly advised to take out cancellation insurance at the time of booking & paying a deposit. If you leave a tour for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, it will be treated as a cancellation by you and no refund will be made of the tour price or any portion of it. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees. Please refer to clause 29 (Liability), which provides more information about your rights under Australian Consumer Law which may apply to your cancellation.

10. CANCELLATION BY US

Our trips are guaranteed to depart once they have one fully paid traveller unless minimum group size specifically states otherwise (which will be stated in your Essential Tour Information) or when a Force Majeure Event results in the cancellation of a trip

A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a tour to commence or continue.

CANCELLATION DUE TO FORCE MAJEURE

If a trip is cancelled due to a Force Majeure Event, we can offer you a choice of:

(a) a 100% credit of monies paid for your trip; or (b) a refund minus unrecoverable costs. If the cancellation due to a Force Majeure Event occurs after a trip has commenced, we can offer you a choice of a pro-rata:

(a) 100% credit for the days that remain on your trip; or (b) refund minus unrecoverable costs of the days that remain on your trip.

Any credit resulting from a cancellation under this clause 8 (Cancellation by us):

  • does not have an expiry date and may be applied towards any other available trip offered by us;

  • is not redeemable for cash;

  • excludes flights or insurances.

In such circumstances there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

11. NON-RIDERS

Non-riders may be included in some tours. Some of our tours can cater for non-riders, with the option to do other activities whilst their partners are riding, then joining the group for post-ride activities. Non-rider pricing can be provided on request.

12. BOOKING AMENDMENTS

If you wish to transfer from one tour to another or transfer your booking to a third party, you must notify us at least 60 days prior to the proposed tour start date.

If you notify us less than 60 days prior to the proposed tour start date, the refund policy applicable to cancellations by you will apply.

Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the tour, and transfers to another tour can only be made to a tour with a tour start date within the current validity period.

ADDITIONAL TERMS

Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to You if you have not signed a waiver.

13. INCLUSIONS

The price includes:

  • All accommodation as listed in the Essential Tour Information

  • All transport listed in the Essential Tour Information

  • Sightseeing and meals as listed in the Essential Tour Information

  • The services of a group leader as described in the Essential Tour Information

Optional: Bicycle rental and Insurance, to be accompanied by signed BIKE RENTAL CONTRACT

14. EXCLUSIONS

The price of your tour does not include:

  • International or internal flights unless specified

  • Airport transfers, taxes and excess baggage charges unless specified

  • Meals, other than those specified in the Essential Tour Information

  • Beverages, alcoholic drinks, other than those specified in the Essential Tour Information

  • Visa and passport fees

  • Travel insurance

  • Optional activities and all personal expenses

15. AGE & HEALTH REQUIREMENTS

MINIMUM AGE

For the majority of our tours, the minimum age is 15 at the time of travel. All guests/participants under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the participant under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

Please note we cannot guarantee adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.

MAXIMUM AGE

For the majority of our trips, we have no upper age limit though we remind you that our trips can be physically demanding and guests must ensure that they are suitably fit to allow full participation. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

PHYSICAL AND CYCLING CAPABILITY

We remind you that our tours can be physically demanding, and participants must ensure that they are suitably fit to allow full participation. You must supply a FIT TO RIDE CERTIFICATE from your Doctor and a signed WAIVER form.

You must notify us of any medical issue that may impact your cycling, or be of concern in an emergency; these include existing or pre-existing medical conditions or medical incidents.

We reserve the right to not permit you to ride should you be in a state, physical or mental condition that may impact the safety of yourself and/or others.

16. PASSPORT AND VISAS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.

We will not be responsible if you are refused entry to a country because you lack the required documentation.

17. TRAVEL INSURANCE

Travel insurance is mandatory for all our travellers and should be taken out at the time of booking / paying your deposit. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of A$250,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. The travel insurance must apply to the regions or countries in the itinerary.

You must provide your travel insurance policy number when paying your final balance. You must also supply the insurance company's 24-hour emergency contact number prior to the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.

You must also make sure that your travel insurance policy does not exclude cycling and any other activities detailed in the Essential Tour Information for the tour you book.

18. BIKE INSURANCE

If you are bringing your own bicycle we recommend you check your insurer will cover your bike in all circumstances to a suitable value.

19. FLEXIBILITY

When booking your tour with us, you must appreciate and acknowledge that the nature of this type of travel requires considerable flexibility. You must allow for alternatives as the itinerary provided for each tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.

Prior to departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in three of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative trip offered.

After departure: We reserve the right to change an itinerary after departure due to local circumstances or a Force Majeure Event. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries including but not limited to visas, vaccinations or non-refundable flights.

20. ARRIVAL AND DEPARTURES

Every tour will have a pick-up point at the start of a tour and a drop-off point at the end of the tour. Any transfer outside of these may incur an extra charge. We highly recommend that you arrive at the starting location at least the day before, especially if travelling long distances. This allows you more recovery time and a relaxed beginning to your holiday.

21. AUTHORITY ON TOUR

Our trips are run by a tour leader. The decision of the tour leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a tour leader, or interfere with the well-being or mobility of the group, the tour leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our Responsible Travel Guidelines.

22. ACCEPTANCE OF RISK

You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present

in our daily lives.

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.

We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

23. HELMETS

Wearing of helmets is compulsory for all riders. Riders must bring their own personal helmet on tour which meets the safety standards of the country in the tour itinerary. In the event of a participant not wearing their helmet during a tour, the rider will be refused participation in the ride until it is placed back on securely. If the rider does not wish to comply, the tour staff will ask the rider to be seated in the support van for the remainder of the tour. Please be aware of the helmet safety standards of the country/s you will be visiting.

24. BICYCLES

BRINGING YOUR OWN BIKE: Please ensure that your bike has been recently professionally serviced and has the appropriate gearing for the tour. It is your responsibility to ensure your bike is safe and roadworthy. We will not assume responsibility or liability for any damage or injury caused as a result of a failure by your bike or its operation.

If transporting your bike in a bike case, there will be a courier charge to transfer the case from the start to finish hotels or storage. Transport of bike cases for riders who wish to leave mid-tour, will incur an additional fee.

If you choose to bring your own bike, you must understand

  • Installation of saddles, pedals or any other apparatus must be carried out by you. In the instance that our Tour Staff assist you, we take no responsibility for any issues or damage.

  • Adjustments to any part of the bike to be carried out by you. In the instance that our Tour Staff assist you, we take no responsibility for any issues or damage.

  • We do not take responsibility of your bike if it is left unattended

  • Attachment of an Apple AirTag or similar tracking device to your bike is recommended.

  • You can choose to lock up your bike in the organised secure storage organised by us, but we do not accept any responsibility in the case of theft or damage.

  • You are responsible for Bike Insurance.

MECHANICAL COVER: Tour leaders will carry basic spares. Minor repairs and maintenance will be undertaken on the road by one of our mechanically trained tour guides.

Any more serious mechanical issues will be handled by one of the small, professional cycle shops along the way. If you are bringing your own bike, parts and repair costs will be passed on to you.

25. ALCOHOL

Cycling can be a dangerous recreational activity; hence we do not allow riders to participate in rides if affected by alcohol. Tour Staff have the right to stop a rider from riding if alcohol is consumed during the day which could endanger their safety and/or the rest of the touring group. The Tour Staff also have the right to refuse a rider the right to depart on a ride if they feel they are not fit to do so from excessive alcohol consumption.

26. SAFETY

Riders must stay within proximity of the ride group obeying the local road rules at all times. Daily briefings will specify the plan for each day, the location of riders and the support van/s. All riders must obey these instructions. Tour Staff have the right to stop any rider from riding who is deemed to be posing danger to themselves, other riders, Tour Staff or the public.

27. LIMITATION OF LIABILITY

We may contract with a network of companies, government agencies and individuals toassist in the running of our tours as agent for these third parties. We are not responsible for the acts and omissions of these third parties.

To the fullest extent permitted by law:

  • any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a tour, or any breach of these Booking Terms & Conditions, is excluded;

  • you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a tour; and

  • any condition or warranty which would otherwise be implied by law into these Booking Terms & Conditions (Implied Warranty), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar tour to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

28. OPTIONAL ACTIVITIES

Please refer to your Essential Tour Information for details on Optional activities. Optional activities which are not included in the tour price do not form part of the tour or this contract.

You accept that any assistance given to you by the Tour Leader, Tour Staff or local representative in arranging any Optional activity does not render us liable for them in any way. The contract for the provision of that Optional activity will be between you and the activity provider.

29. CLAIMS & COMPLAINTS

Please notify the Tour Leader, Tour Staff or local representative immediately of a complaint. This allows them to attempt to deal with the complaint effectively. If you are not satisfied with this, then a further complaint should be put in writing to us within 30 days of the date the tour ends.

30. SEVERABILITY

In the event that any term or condition contained in these Booking Terms & Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

31. PHOTOS AND MARKETING

You consent to us to use any images taken of you during the tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for marketing, publicity and promotional purposes.

32. PRIVACY POLICY

Any personal information that we collect about you may be used for any purpose associated with the operation of a Tour. We may also use this personal information or to send you marketing material in relation to our events and special offers. If you do not fully complete your booking with us, we may contact you by email or by telephone (including by SMS) to remind you that you have an incomplete booking and prompting you to visit our website to complete your booking. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Tour. We will otherwise treat your details in accordance with our Privacy Policy (available for viewing on our Website).

33. APPLICABLE LAW

The laws of Victoria, Australia govern these Booking Terms & Conditions to the fullest extent allowable. Any disputes in connection with a tour or these Booking Conditions must be initiated in the courts of Victoria, Australia

36. REGISTERED ADDRESS

Lycra Bros Pty Ltd, 530 North Road, Ormond VIC 3204, Australia