These terms are between you and de Vaus Family Investments Pty Ltd (ABN 61 140 090 759) trading as By Earth & Ocean.

Tour Terms & Conditions

Liability Waiver

All participants must complete the relevant liability waiver prior to participation. Minors must have the waiver completed by a parent or legal guardian. Liability Waiver

Rider Eligibility, Age & Licensing

Queensland law sets age and licence requirements for riding an electric bike. These requirements apply on roads, paths and public places. They do not apply on signed mountain bike trails, signed rail trails or commercial bike parks. The requirements that apply to your tour are stated on the tour page, and explained in full on our Queensland e-bike laws page.

Where a tour is subject to those requirements, each rider must be at least 16 years of age and hold a current Queensland, interstate or overseas drivers licence of at least learner class. A licence that has expired, or that has been cancelled or suspended, is not current. A rider who is disqualified from holding or obtaining a drivers licence is not eligible to ride.

You declare the age and licence status of each rider in your booking at the time of booking, and confirm it again at check in. You must tell us if a rider’s licence status changes between the date of booking and the date of your tour.

Where a declaration seems unreasonable to rely on, we may ask for evidence of age or licence before a rider rides. Where eligibility cannot be established, that rider will be offered a supervised option, a passenger seat or a non-electric bicycle where one is available, or will not ride. No refunds or credits are guaranteed in these circumstances.

Riders Under 18

Riders under 18 years of age must be accompanied on the tour by a parent, grandparent or legal guardian. A guide cannot act as the accompanying adult.

Where Queensland law requires supervision, the accompanying adult must ride with the rider and remain close enough to give them instructions at all times.

Customer Requested Booking Changes & Cancellations

• More than 7 days prior: Full refund available.
• Between 7 days and 48 hours prior: 75% refund available.
• Less than 48 hours prior: No refund available.

This applies to all cancellation reasons including weather, illness, injury, travel disruptions, and border closures.

Private Tours & Programs

Changes or cancellations made within 7 days of a private tour or program are not eligible for refunds. Credits may be offered at our sole discretion.

This applies to all cancellation reasons including weather, illness, injury, travel disruptions, and border closures.

Weather Cancellations By Us

If severe weather or unsafe conditions prevent safe operation, we may cancel or modify tours. In these cases, guests will be offered a refund, credit, or rebooking.

Light rain, cloud cover, or changing conditions will not generally result in cancellation.

Weather & Conditions

Unfavourable weather or trail conditions are not grounds for cancellation outside of the standard cancellation terms. Activities may still proceed in light rain or changing conditions. Credits or rescheduling may be offered at our discretion.

Minimum Numbers & Operational Cancellations

Some group tours require minimum participant numbers. In rare circumstances tours may be cancelled due to insufficient numbers or guide availability. Where this occurs, guests will be offered a refund or rebooking.

Complimentary Transfers

Complimentary transfers may be available for selected guided tours and experiences. Transfers operate on scheduled runs and are designed to service multiple guests and locations efficiently.

Transfer Timing

Guests should allow flexibility when selecting a transfer option. Depending on operational requirements and booking demand, guests may be collected up to 1 hour prior to their tour commencement time and returned up to 1 hour following the conclusion of the tour.

Transfer times are not confirmed until the afternoon prior to your booking.

Transfer Requests

Transfers must be requested at the time of booking. Due to operational planning and vehicle capacity, we cannot guarantee transfer availability for requests made immediately prior to the tour date.

Infant & Child Seats

Infant seats and child restraint systems are not available. Guests travelling with infants or young children requiring approved restraint systems must arrange their own transport.

Late Arrivals & Incorrect Locations

Tour departure times and meeting locations are clearly outlined in booking confirmations and reminder communications. Guests are responsible for ensuring they arrive at the correct location with sufficient time prior to departure.

As many tours involve multiple guests, scheduled transfers, permits, and operational logistics, we are unable to delay departures for late arrivals.

Guests who arrive after the scheduled departure time, are not ready to depart, or arrive at the incorrect location may miss their tour. No refunds, credits, or reschedules will be provided for missed tours resulting from late arrival or failure to attend the correct location.

We strongly recommend arriving at least 15 minutes prior to departure and allowing additional time during peak holiday periods. Please plan ahead, particularly if relying on taxis, rideshare services, or unfamiliar navigation.

Fitness, Skill & Equipment Requirements

Participants must possess the required fitness, riding ability, and confidence to safely complete the activity.

Guides reserve the right to modify routes or remove participants from activities where safety is a concern.

No refunds or credits are guaranteed where participants are unable to safely complete the activity due to fitness, skill, inappropriate clothing or any reason whatsoever that causes us to have concern for the safety of themselves, other guests, staff or the public.

Bike Tours

Participants must be capable of confidently riding a bicycle and following road rules around vehicles and pedestrians.

Mountain Bike Tours

Mountain bike tours assume previous experience riding off-road trails. Riders who pose a risk to themselves or others may be removed from the activity.

Kayak Tours

No prior kayaking experience is required for most tours; however, participants must possess sufficient fitness and stamina for the advertised duration.

Helmets & Road Rules

Approved helmets are supplied and must be worn, correctly fastened, at all times while riding. This applies to riders and to any passenger carried on a bike designed to carry a passenger.

Participants must comply with the Queensland road rules at all times, including on trails and in parks.

Damage, Loss, Theft or Confiscation of Tour Equipment

Participants remain responsible for any unreasonable damage, misuse, loss, theft, confiscation, impoundment, seizure, or non-return of equipment supplied during a tour.

Repair, replacement, recovery, freight, loss-of-use, and associated costs resulting from damage, loss, theft, confiscation, impoundment, seizure, or misuse of equipment may be charged to the card held on file. Where equipment is not returned, or is confiscated, impounded, or seized by any authority due to the actions of a participant, the participant will be liable for all associated costs, including full replacement value where applicable.

Rescue & Recovery

Where guest or equipment recovery is required due to circumstances outside our reasonable control — including fatigue, flat batteries, mechanical issues, accidents, lack of ability, or becoming lost — all associated recovery costs may be charged.

A minimum recovery fee of $75 per hour applies, charged in one-hour increments from departure to return.

Quoted and custom bookings

Multi day journeys, corporate and group programs, and other experiences we tailor for you are arranged through a written quote, not booked online. These bookings have their own deposit, payment and cancellation terms, which are set out in your quote and apply in place of the standard terms above. Some custom bookings, such as those that include accommodation, have longer cancellation periods. Please read your quote carefully before accepting it.

Equipment Hire | Terms & Conditions

Liability waiver

• Every rider must accept our liability waiver before any hire starts.
• For riders under 18, the waiver is completed by a parent or legal guardian.

Payments and charges

• Bookings are confirmed once payment has been made.
• Where a card is held on your booking or account, any charges under these terms (damage, late returns, rescue) are made to that card.

Changing or cancelling a hire

• The 24 hour no-penalty rule applies to single-day bike hires only. Hires of two days or more follow the standard terms. It does not apply to tours, including self guided tours and rides, which follow the Tour Terms above.
• This applies to every reason for changing or cancelling, including weather, conditions, illness, injury and travel disruption.
• Unfavourable conditions are not a reason to cancel outside these terms. Where a credit or a new date is offered, it is at our discretion.

If what you booked is not available

Now and then a bike or item becomes unavailable, for example because a previous hirer damaged it. We will offer the closest alternative. If you would rather not go ahead, we will refund the booking in full. We do not offer compensation beyond the cost of the booking.

Accurate details

Please make sure your booking shows the right bikes, sizes, accessories and rider details, including rider heights and ages. We cannot guarantee a swap or a redelivery if the wrong items are booked, and there is no refund where a rider cannot take part because the details given were wrong.

How hire days work

• Hire is charged per calendar day, or part of a day. It is not charged by the hour or in 24 hour blocks.
• Bikes must be returned by 4:00pm on the last day of hire, so we can get them ready for the next day’s riders.
• Bikes are collected from and returned to our shop, unless you have booked delivery. See Delivery and collection below.

Collecting the afternoon before

• You can ask to collect the afternoon before your hire starts. Note it on your booking.
• If the bike is available, early collection costs 50% of the full daily rate.
• Asking for early collection does not guarantee it. Book the dates you need, as we cannot accept cancellations because early collection was not available.

E-bike age and licence rules

Queensland law sets age and licence requirements for e-bike riders on roads, paths and public places. You declare the age and licence status of each rider when you hire, and you are responsible for riding within the rules for wherever you ride. Read our Queensland E-Bike Laws page before you book.

• Riders under 18 cannot hire on their own. An adult makes the hire on their behalf.
• Where a declaration seems unreasonable to rely on, we may ask for evidence of age or licence. We will not release an e-bike where a rider’s eligibility cannot be established, and no refund or credit is guaranteed in that case.

Looking after the bike

• Return the bike in the same condition it went out, to the same place you collected it from.
• Wear an Australian Standards approved helmet at all times.
• Only our fat tyre e-bikes may be ridden on the beach. A beach cleaning charge of $10 per bike applies and is added to your booking automatically. All other hire bikes must stay off the sand, and cleaning or damage charges apply if one comes back with salt or sand damage.
• Do not ride at night unless the bike has lights fitted.

Damage, loss and theft

Bikes are inspected before collection or delivery. Normal wear and tear is fine. The person named on the booking is responsible for the bikes and equipment for the whole hire, including damage, loss, theft, confiscation, seizure and non-return.

Damage we will charge for includes:

• Structural or serious cosmetic damage to the frame
• Bent parts from crashes or transport
• Crash damage of any kind
• Rim damage from riding on a flat tyre
• Excessive tyre wear from skidding
• Damage to the charge port
• Rust or mould from poor storage
• Any other damage that should not happen in normal use

Repairable damage is charged at the cost of parts, labour and associated losses. Where a bike or item is lost, stolen, seized or not worth repairing, you may be charged the full replacement cost plus any recovery, transport, admin and loss of use costs. Lost parts and accessories are charged at cost.

Late returns

• Late returns are charged at the full daily rate for each day, or part of a day, that the bike is late.
• We do not usually offer half-day hires. Where we do, a late return is charged at the 3 hour rate for each 3 hour block, or part of one, that the bike is late.
• If a late return affects other customers or adds staff costs, those costs may also be charged.

Flat tyres and other faults

• We will help with faults like flat tyres or broken chains, but help may not be immediate.
• A fault does not end your responsibility for the bike. A bike left behind, for any reason, is treated as lost and charged at full replacement cost.
• Flat tyres are not grounds for a refund or discount.
• Please be self-sufficient, especially in remote spots. Ask us for a repair kit when you collect.

E-bike batteries

• E-bikes go out fully charged.
• Any range estimate we give is only an estimate, not a guarantee. Two riders on the same route can get very different distances, depending on their weight, the assist mode selected, gear use and how much effort they put in.
• We do not offer a pickup service for flat batteries. An e-bike can be ridden without assist, and you are expected to ride it back. If you cannot or will not ride it back, we will come and get you, and the rescue charges below apply.
• Ask our staff for tips on getting the most range if you are unsure.

Battery keys

• E-bikes are not issued with a battery key as standard. If you cannot store your bike indoors to charge it, you can ask for a key so the battery can be removed and charged inside.
• A $50 key deposit is taken on card (no cash) when the key is issued, and refunded when the key is returned.
• The bikes are your responsibility for the whole hire. Leaving them outdoors when they are not in use increases the risk of theft. See Damage, loss and theft.

Rescue and recovery

If we have to come and get you or a bike, for any reason that is not our fault, the cost is charged at a minimum of $75 per hour, in one hour blocks, from when we leave to when we return. Common reasons are flat tyres, broken chains, flat batteries, accidents, exhaustion and getting lost.

Any rescue from Noosa North Shore, for any reason including a mechanical fault, has an extra $60 on top of the time charge to cover ferry costs.

Surfboards and beach equipment

• Surfboards and beach equipment are hired in 24 hour blocks, or part of one.
• Surfboards returned after the agreed finish time are charged $25 per hour, as a late return can affect the next booking.

Delivery | Terms & Conditions

Heads up. With a single-day hire, delivery windows may mean you have your bikes for less time than if you collected in-store. All delivery and collection is subject to availability and confirmation. We will confirm your exact time on the day.

Collecting in-store

You are always welcome to collect and return at our shop, Unit 12, 20 Venture Drive, Noosaville. We are open 8:30am to 4:30pm, 7 days. Bikes must be back by 4:00pm on the last day of hire.

Delivery areas, costs and minimum orders

The fee covers one delivery and one collection per booking. If items on the same booking start or finish on different dates, each extra drop off or collection is charged separately. Below the minimum order for your area, delivery is not available and bikes need to be collected in-store.

For anywhere not listed, contact us before you book.

Delivery times

• Delivery is usually between 9:00am and 11:00am.
• We will contact you on the morning of delivery to confirm a time. Exact times cannot be guaranteed in advance.
• We will do our best to deliver close to any time you ask for, but it cannot be guaranteed.
• Delivery is only guaranteed for bookings made at least 24 hours before the delivery date. Requests made with less notice depend on driver availability.

Collection times

• Collection is on the last day of your hire, between 3:00pm and 4:45pm. The exact time is at our discretion within that window, and we will contact you on the day to confirm it.
• It is a condition of booking delivery and collection that the bikes are available for collection for the whole window.
• If they are not, you will need to return the bikes to our shop yourself. Where you cannot, late fees may be charged.

Before we deliver

• The booking must be paid in full and every rider’s waiver completed online.
• We must be able to reach you. If we cannot contact you, we will not deliver. Please make sure your contact details are accurate and that you can be reached on the morning of delivery and on the day of collection.

If we cannot deliver or collect

• If the person responsible for the booking is not at the delivery address at the confirmed time, we cannot guarantee a later redelivery.
• If the bikes are not available during the collection window, or we cannot reach you, we cannot collect them on our scheduled collection run. Any separate trip to collect them is charged at the full cost to us, including staff wages and fuel, plus compensation to other customers affected by the bikes not being back on time.
• Each extra day the bikes are not returned is charged at the full daily rate.

E-MTBs are not delivered

Electric mountain bikes must be collected from and returned to our shop, open 8:30am to 4:30pm, 7 days. You can ride straight from the shop into the Tewantin National Park trails.