Terms & Conditions

 

Guide &/or Self-Guided Tour Terms & Conditions

By booking any of our tours or products, it will be assumed you have read, understood and agree to be bound by the terms and conditions set out below, including our conditions and waivers regarding your participation in outdoor activities undertaken in conjunction with By Earth & Ocean (operated by By Earth & Ocean Pty Ltd, referred to as “the company”).

Key Terms

  1. All participants are required to complete a Risk Warning and Liability Waiver form prior to joining any By Earth & Ocean tour. The acceptance of risk form will be provided for signing by participants at the commencement of the adventure.
  2. Please keep your nominated mobile phone switched on the evening prior to your tour, in the morning of your tour, and throughout the tour, in case we need to contact you. Please also let us know if you have any pre-existing injuries or medical conditions that may affect your ability to participate.
  3. Please be aware that any participants under 18 years will require parent/guardian consent.
  4. Individuals are responsible for any damages caused to any equipment/facilities provided in conjunction with this tour as a result of negligent use.
  5. By Earth & Ocean accepts no responsibility for any loss or damage to any personal belongings being stored or in transit. It is your responsibility to look after your belongings whilst travelling and we recommend that you purchase travel insurance whilst you are travelling in Australia.
  6. Tour itinerary’s and equipment are subject to change without notice due factors beyond our control.
  7. Collection times and meeting points will be communicated prior to the tour. Arrive 10 minutes early to the collection point. The tour is unable to wait if you are not on time and it is considered a “no-show” (see our cancellation policy). Late participant(s) can co-ordinate their own transport to meet the tour group however they incur all associated costs.
  8. Participants accept that all tours contain both guided and self-guided portions and activities. All terms of this agreement (terms and conditions) cover the tour in its entirety, regardless of whether a portion is guided or self-guided.

Recommendation

By Earth & Ocean recommends you purchase travel insurance to cover you in case of illness or other medical emergencies before or during the trip (see our conditions regarding cancellations and refunds). By Earth & Ocean recommends you purchase travel insurance to cover you in case cancellations affect any of your other travel arrangements or of any changes that we are forced to make in response to any circumstances that affect our ability to deliver on our services. As a participant of By Earth & Ocean guided & self-guided tours you release the company and its staff of costs associated with tour changes or cancellations.

Tour Changes

We reserve the right to make changes due to circumstances that might arise that affect our ability to deliver the tour or support service you have paid for. In the event that we are forced to change your arrangements due to circumstances that are our responsibility to manage, substitute arrangements of a similar standard will be provided. However, By Earth & Ocean will not be liable where interruptions to itineraries or cancellations are caused by weather conditions, technical problems with transport used by By Earth & Ocean, industrial action, political or civil commotion or other circumstances beyond our control such as QPWS closures.

Real time assessment may result in cancellation before departure, on arrival or during tours. Refund less the deposit is issued if unable to operate prior to departure due to weather constraints and participants are unable to re book or participate in another activity. If cancellation occurs on arrival to location, deposit will be non refundable to cover transportation and park fee costs.

Cancellation Policy

We understand that circumstances can arise where you may need to cancel or alter your booking. Should this occur, our need to pre-book a number of services related to tours means the following refund conditions apply relative to the amount of cancellation notification time provided:

  • >30 day’s notice – full refund, less $25 to cover booking fees incurred.
  • 8-30 day’s notice – 50% of all monies paid will be refunded
  • 7 or less day’s notice (or a “No-Show”) – no refund but you can transfer to alternative dates, subject to availability, in this instance a new booking fee of $25 is incurred.

Please note that rainfall is not considered a dangerous condition or circumstances to cancel a tour. Thus By Earth & Ocean will still operate tours during rain whilst it is safe to do so and refunds are not given if the participants choose to opt our for this reason. If cancellation is made by customer and not by By Earth & Ocean regarding weather or any other reason the above policy stands.

Equipment Cost and Return

During tours, whether guided, self-guided or a combination of two, the responsibility of By Earth & Oceans equipment is that of the participants.

  1. Participant(s) accepts full financial responsibility for the care of the Equipment whilst in the participant(s) possession, control and use; including but not limited to paint scratches.
  2. That it is acknowledged by the participant(s) that he or she and any other person who uses or rides the hired bike is and understands the road rules and will not ride in a reckless or dangerous manner and will take all reasonable care.
  3. The participant(s) shall follow all instructions from the By Eahrt & Ocean staff and tour guides (where applicable), participate within all sensible limits and keep a safe gap between themselves and other participant(s) at all times. In the event the participant(s) fails to comply with this clause then they agree that they do so at their own risk and responsibility;
  4. The participant(s) is fully responsible for all damage or loss whatsoever to the Equipment and agrees to pay for all costs, charges, fees and expenses whatsoever associated with Equipment being lost, stolen, or damaged whilst being under the use and control of the participant(s).
  5. on completion of the tour, the participant(s) shall deliver the Equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted, to By Earth & Ocean;
  6. not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment; comply with all permit requirements related to use of the Equipment in State Forests and National Parks.
  7. Immediately on request by By Earth & Ocean the participant(s) will pay:
    1. the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Owner;
    2. all costs incurred in cleaning the Equipment (minimum cleaning fee of $60);
    3. all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to 10% of the new list price of the Equipment;
    4. the cost of repairing any damage to the Equipment caused by the negligence of the participant(s) or the participant(s) agent;
    5. the cost of repairing any damage to the Equipment caused by vandalism, or (in the companys reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the participant(s).

Medical Attention

Although we always endeavour to run full complete tours, the wellness and safety of participants is our number one concern. Please understand that on rare occasions due to our tours operating in a unique environments, time and itinerary changes can happen including tour cancellations. One reason (but not limited to this sole reason) for such changes and cancellations is the event of a medical emergency. In the unlikely event of someone requiring medical attention, we reserve the right to stop tours in order to provide necessary assistance. If deemed necessary by the tour guide, company or any person, professional medical attention will be sort for any individual within the tour. All costs and expenses incurred for delivery of this medical attention, regardless of fault, is borne and accepted by the individual receiving medial attention. By Earth & Ocean recommends medical insurance as part of their travel insurance to cover against unexpected accidents and medical treatment that can occur.

For participants of a tour that is stopped early to provide medical attention to a fellow participant, you will receive (at the companies discretion) the option to either reschedule the tour for another day or have a reasonable portion of credit or refund given.

The Guide has the authority to refuse anyone suspected to be under the influence of alcohol or drugs. The proprietors are not common carriers and reserve the right to refuse to carry any passenger, baggage or goods without assigning any reason. Therefore passengers shall comply with the Navigation Act 1912 (as amended 1979) and all regulations, orders or instructions given by the skipper. The proprietors shall not be responsible for any damage or loss occasioned.

Under 18s: Children under 18 are welcome, however due to the activities and equipment we use a minimum height of 4ft11” (150cm) is required along with the skill, experience and strength to be able to safely walk, swim, climb, cycle and kayak independently. Under 18s must be accompanied by a full paying adult. Adult rates apply for all guests.

Safety & Liability

We will do our utmost to provide you with accurate information at all times to ensure your safety during your activities, whether guided or self-guided. However, because there are events that may occur that are beyond our control, it is also necessary for you to be clear that your safety is primarily your responsibility and that you undertake these activities with full awareness of this fact. For adults/parents/guardians accompanying an under-18 participant, their safety is primarily your responsibility. We claim the right to gain your agreement to a waiver in respect of our responsibilities in facilitating your participation in tour activities, and associated activities such as are necessary to undertake By Earth & Ocean tours.

It is assumed that by making an activity booking with us you have read, understood and agreed to be bound by the following conditions regarding your participation in the activity and you have passed on this information to all members of the group that you are booking for whilst making them aware of their own responsibilities:

  • “Activity” refers to any and all activities you undertake during your participation in a guided/self-guided tour, as described on the By Earth & Ocean website. The “Activity” refers to any and all activities (undertaken in response to directions or advice provided by a Guide or Staff before or during tours, or undertaken by you independently of the directives of advice of Guides or Staff before or tours.
  • “Guide” refers (where applicable) to a person or persons employed by By Earth & Ocean Pty Ltd, with responsibility for leading tours.
  • “Staff” refers to a person or persons employed by By Earth & Ocean Pty Ltd, including guides, drivers, catering staff or others connected with tours.
    1. Participants understand the physical nature of the activity or activities, and acknowledge that their participation in this activity or activities may involve risk or risks due to the outdoor nature of the activity or activities.
    2. Participants acknowledge that it is a condition of participation in this activity or activities that they do so at their own risk.
    3. Participants recognise any difficulties associated with the activity and attest that they are physically fit to participate safely in an activity and that a qualified medical practitioner has not advised them otherwise.
    4. Participants are not aware of any medical condition, injury or impairment that will be detrimental to their health if they participate in this activity. In the event that participants become aware of any medical condition, injury or impairment that may be detrimental to their health if they participate in this activity, guides or staff will be immediately informed. By continuing to participate in this activity, participants accept the risks despite these conditions and are still, and will always, be under the terms of this agreement.
    5. Participants recognize that where activities involve waterways (rivers, creeks, streams, ocean and estuary) that they enter the water, or board water craft provided as part of the activity or activities, at their own risk. When Personal Flotation Devices (PFDs or Life Jackets) or cycle helmets are provided for the safety of participants, wearing of these will always be instructed by By Earth & Ocean as a legal requirement. However the decision to wear these (or otherwise) is to be made by the participants, and responsibility for this decision, and any consequences that flow from this decision, is the responsibility of participants.
    6. Participants accept all risks associated with undertaking the activity and hereby indemnify and release guides, staff, their agents, affiliates, employees, members, sponsors, promoters and any person or body directly or indirectly associated with the guide or staff, against all liability (including liability for their negligence and the negligence of others) claims, demands, and proceedings arising out of or connected with their participation in this activity.
    7. Participants understand and accept personal responsibility for any and all risks associated with outdoor activities, with a person or persons engaged by By Earth & Ocean.
    8. This release and indemnity continues forever and binds participants’ heirs, successors, executors, personal representatives and assigns.
    9. Participants certify that they are 18 years or older and that they have read these conditions of agreement and fully understand them, OR (if appropriate), parents or guardians of the participant, (i) agree to the above for themselves and on behalf of the participant(s) and (ii) indemnify and will keep indemnified any person or body directly or indirectly associated with the conduct of the activity on the terms referred to above.
    10. it is the responsibility of the individual making the group booking to ensure each member of their group is aware of all Terms and Conditions of participating in a By Earth & Ocean activity and/or tour.

Participants Responsibility

All participant(s) agree to stay on the tracks, routes, roads and areas instructed by the company. The participant(s) understand, accept and approve that the company can reclaim any costs of fines or loss of licenses incurred by the participant(s) disregard of these instructions.

All health/medical conditions must be informed to By Earth & Ocean staff prior to departure & detailed on completing participant declaration form(s). Participants must not participate in any activity if they have any injury, disability, medical or health condition that may increase them in becoming injured unless By Earth & Ocean has been made aware of it and given written consent for guest to participate.

Participants active in tours & lessons must be able to swim, cycle, walk and kayak competently with a basic skill level and experience for the relative activities. If anyone is unable to meet the basic skill level or experience in these activities they must notify By Earth & Ocean prior to any participation and adhere to instructions given from By Earth & Ocean. By Earth & Ocean reserves the right to stop participant(s) from partaking in activities if they do not show sufficient skill and experience or for any reason that safety of themselves or other participants could be put at greater risk.

Payment and Gift Vouchers

  1. Payment can be made by cash, bank transfer, or by debit/credit card (plus a surcharge of up to two and a half percent (2.5%) of the price). Monies must have cleared before commencement of the tour.
  2. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

General

  1. These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
  2. By Earth & Ocean shall be under no liability whatever to the participant(s) for any indirect loss and/or expense (including loss of profit) suffered by the participant(s)arising out of a breach by the company of these terms and conditions.

Agreement

  1. Upon the participant(s) booking a tour via phone, email, in person or online it is hereby deemed that upon the participant(s) submitting the booking request it has agreed to all terms and conditions.
  2. Any instructions received by the company from the participant(s) to partake in a tour shall constitute acceptance of the terms and conditions.
  3. Where more than one participant(s) has entered into this agreement, the participant(s) shall be jointly and severally liable for all payments of the tour.
  4. Upon acceptance of these terms and conditions by the participant(s) the terms and conditions are irrevocable and can only be amended with the written consent of the company.

Consent

  1. I, the participant(s), consent to and authorises the company to debit the participant(s) credit card to cover the cost of any breach by it of these Terms and Conditions.
  2. I, the participant(s), have read and understood the terms and conditions and further agrees to be bound by it.

Equipment and e-Mtn Bike Hire Terms & Conditions

Some of the key points covered in the Terms and Conditions;

  • A holding deposit is required therefore bring a credit card and form of ID
  • The hirer accepts full responsibility for breakages, damages, loss or theft of bike(s) and equipment
  • Late returns of rental equipment will be subject to additional charges
  • Rental bike(s) must be locked when unattended
  • Road rules must be obeyed whilst riding the rental bike(s)
  • All hirers and third-parties using equipment must have required skill and knowledge to use equipment safely and legally
  • Equipment returned must be the same as rented
  • Hirer fully releases and discharges the Owner from any liability whatsoever for any damage, death, injuries or claims resulting from the hirers use of the equipment and/or bike riding.
  • Rental bike(s) are not to be ridden on beach, sand, or through water, cleaning fees apply
  • Bike(s) are not to be ridden at night unless lights are fitted to the bike(s)
  • A bicycle helmet must be worn at all times whilst riding
  • Ride within your own limits and keep gaps between riders

We highly recommend you take out travel insurance to cover unexpected eventualities. Strange things happen from time to time that prevent you from arriving, a flight is delayed, or that you have to exit the tour/hire because something has happened. Travel insurance helps mitigate this risk and is available for domestic and international customers from a range of companies. Travel insurance is very good value compared to forfeiting the cost of a trip.

Definitions

  1. The Hirer has read and understood the terms and conditions of this Bicycle Hire Agreement ( the “Agreement”) and further agrees to be bound by it.
  2. Has hired the use of the rental bicycle and any equipment associated with the bicycle ( hereinafter referred to as the “Equipment”) referred to in this Agreement.
  3. “Hirer” shall mean the Hirer or any person acting on behalf of and with the authority of the Hirer.

Risk Warning and Liability Waiver

  1. To forgive and or release the Owner and or its employees, staff and workers from any liability or loss whatsoever resulting from use of the Equipment by the Hirer and or any third party associated with the Hirer and the use of the Equipment.
  2. That riding the Equipment is an inherently dangerous activity. Risks include but are not limited to: DEATH; SERIOUS INJURY TO THE HIRER; DAMAGE TO THE EQUIPMENT AND OTHER BIKES, GEAR AND CLOTHING; AND DAMAGE TO AND/OR SERIOUS INJURY TO THIRD PARTIES AND THEIR PROPERTY.
  3. That the Owner has provided all necessary instructions for the use, including safety instructions for and of the Equipment and the Hirer has fully understood such instructions.
  4. It understands that wearing a helmet may decrease the risk of head injury.
  5. That it is a legal requirement in the State of Queensland that a bicycle rider must wear a helmet whilst riding a bicycle.
  6. That it is physically and mentally able to ride a bike and is familiar with bike riding, its physical and mental requirements and the risks involved.
  7. That it AGREES TO FULLY RELEASE AND DISCHARGE the Owner FROM ANY LIABILITY whatsoever for any damage, injuries or claims, including any injuries or damages to the Hirer or any third party or other person or to the Hirer’s property or third party property, as a result of Hirer’s use of the Equipment and /or bike riding.
  8. That it EXPRESSLY ASSUMES ALL RISK OF LOSS, DAMAGE OR INJURY OCCURRING AS A RESULT OF BIKE RIDING.

Ownership and Defects

  1. The Equipment is and will at all time remain the absolute property of the Owner.
  2. If the Hirer fails to return the Equipment to the Owner then the Owner or the Owner’s agent may enter upon and into land and premises owned, occupied or used by the Hirer, or any premises where the Equipment is situated as the invitee of the Hirer and take possession of the Equipment, without being responsible for any damage thereby caused.
  3. The Hirer shall inspect the Equipment on delivery and shall immediately notify the Owner of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Hirer shall afford the Owner an opportunity to inspect the Equipment within a reasonable time following delivery if the Hirer believes the Equipment is defective in any way. If the Hirer shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage.

Agreement

  1. That if this Hire Agreement is submitted online over the internet or the like it is hereby deemed that upon the Hirer submitting the application it has agreed to the terms and conditions of the whole of this Agreement.
  2. Any instructions received by the Owner from the Hirer for the hire of Equipment and/or the Hirer’s acceptance of Equipment supplied on hire by the Owner shall constitute acceptance of the terms and conditions contained herein.
  3. Where more than one Hirer has entered into this agreement, the Hirers shall be jointly and severally liable for all payments of the Price.
  4. Upon acceptance of these terms and conditions by the Hirer the terms and conditions are irrevocable and can only be amended with the written consent of the Owner.

Hirers Responsibility

  1. Hirer accepts full financial responsibility for the care of the Equipment whilst in the Hirer’s possession, control and use; including but not limited to paint scratches.
  2. That it is acknowledged by the Hirer that he or she and any other person who uses or rides the hired bike is and understands the road rules and will not ride in a reckless or dangerous manner and will take all reasonable care.
  3. follow all instructions from the Owner’s tour guides (where applicable), ride within all sensible limits and keep a safe gap between themselves and other riders at all times. In the event the Hirer fails to comply with this clause then they agree that they do so at their own risk and responsibility;
  4. It is fully responsible for all damage or loss whatsoever to the Equipment and agrees to pay for all costs, charges, fees and expenses whatsoever associated with Equipment being lost, stolen, or damaged whilst being under the use and control of the Hirer under this Agreement.
  5. on termination of the hire, the Hirer shall deliver the Equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted, to the Owner;
  6. not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment; comply with all permit requirements related to use of the Equipment in State Forests and National Parks.
  7. Immediately on request by the Owner the Hirer will pay:
    1. the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Owner;
    2. all costs incurred in cleaning the Equipment (minimum cleaning fee of $60);
    3. all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to 10% of the new list price of the Equipment;
    4. the cost of repairing any damage to the Equipment caused by the negligence of the Hirer or the Hirer’s agent;
    5. the cost of repairing any damage to the Equipment caused by vandalism, or (in the Owner’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Hirer.

Cancellation Policy and Late Returns

  1. The Owner may cancel these terms and conditions or cancel delivery of Equipment at any time before the Equipment is delivered by giving written or verbal notice. On giving such notice the Owner shall repay to the Hirer any sums paid in respect of the Price. The Owner shall not be liable for any loss or damage whatever arising from such cancellation.
  2. If Hirer cancels;
    1. >30 days: more than thirty (30) days in advance of the hire/tour they shall not incur a fee other than $20 to cover our booking fees.
    2. 8-30 days: within eight (8) to thirty (30) days of the hire/tour shall incur a cancellation fee of fifty (50%) of the Price, as we need to resource in order to meet our obligations to you
    3. 0-7 days: within seven (7) days or less of the hire/tour shall incur a cancellation fee of one hundred percent (100%) of the Price. This will also be applicable if no advice of cancellation is received

Price, Payment and Bond

  1. Payment can be made by cash, bank transfer, or by debit/credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price). Monies must have cleared before commencement of the bike and equipment hire.
  2. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
  3. A refundable holding bond of $300 is requested at collection of the bike(s). In this respect your credit card will be requested and the bond amount deducted from your account in full. The bond is refunded in full at the end of the hire period, assuming no damage or loss to the equipment arises. As part of this process you also authorise the Owner to debit or retain the sum necessary to cover any loss or damage to the bike hired to a maximum sum of $6,000.
  4. A Late Return fee of $50 will be charged for each full or part hour the equipment is not returned after the return date and time specified.
  5. If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
  6. Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after.

Hire Period and Drop-Offs

  1. If collecting the equipment, the Hirer understands they should arrive approximately 15 minutes ahead of their booking and that no refund shall be given (in part or full) for late arrivals.
  2. If equipment is being delivered to the Hirer, rental period commences from the point they take possession.
  3. If Hirer is unable to take delivery and the agreed time, date and address the Owner is entitled to charge a reasonable redelivery fee.
  4. The Hirer must ensure the address provided for delivery is free and accessible. If the Hirer is late or the nominated delivery location is not accessible, the Hirer is responsible and shall reimburse the Owner for all lost hire fees and delivery time associated with waiting ($50ph) and applicable call-out fee ($25)
  5. The Owner shall not be liable for any loss or damage whatever due to failure by the Owner to deliver the Equipment (or any of them) promptly or at all.

General

  1. These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
  2. The Owner shall be under no liability whatever to the Hirer for any indirect loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Owner of these terms and conditions.

Acknowledgement

I, the Hirer, acknowledge that everyone in my group:

  • understands the Australian and Queensland Road Rules
  • understand that we should keep to the left on unmarked roads and confirm that we will respect other road users and pedestrians and take special care around horses, and country roads
  • will under no circumstances use the e-bikes on public pavements or footpaths
  • can use gears and brakes correctly
  • does not have any pre-existing medical condition that would preclude the use of the e-bikes or affect their use of the e-bikes
  • is in good health and that our eyesight is of the required standard for driving on public roads and are not suffering from any medical condition which is likely to adversely affect the normal control of the e-bike

Consent

  1. I, the Hirer, consent to and authorises the Owner to debit the Hirer’s credit card to cover the cost of any breach by it of this Agreement.
  2. I, the Hirer, has read and understood the terms and conditions of this Bicycle Hire Agreement ( the “Agreement”) and further agrees to be bound by it.