TERMS AND CONDITIONS

 

TERMS AND CONDITIONS

 

Thank you for choosing us as your host through some of the most magically isolated and favourite destinations available in Aotearoa, New Zealand.  The following document outlines important conditions to note for using our services.  By confirming your service with MDA Experiences (including our affiliate companies Wheelies, Mountain Bike Rotorua, Mountain Bike Rotorua Shuttles, MDA/Black House Events), you are verifying that you have read and understood these details and how they pertain to you.  Please read each item carefully before continuing with the booking process.

 

General Conditions:

  • Payment may be made by cash, direct deposit, International Money Transfer or credit card (Visa, MasterCard)

  • All prices are quoted and must be paid in New Zealand dollars unless otherwise stated.

  • All services are subject to our Cancellation & Refund Policy unless in extraordinary circumstances and at the discretion of MDA Experiences management.

  • MDA Experiences reserves the right to change itinerary route or activity in the event of bad weather, track or road conditions, river levels, transportation delays, sickness or any other contingency that prevents our staff from safely or professionally providing service. In this event, any deposits or payments already paid by clients will be refunded for services not delivered. 

Mountain Bike Rotorua:

Bike rental waiver form information:

  • I will check over the chosen bicycle(s) and point out any problems with each bike to the Mountain Bike Rotorua staff prior to commencing my rental term.

  • I understand that I am liable for any damage/theft which may occur to the bicycle while it is in my care.

  • I understand that all bicycles have a rider weight limit of 130kg unless otherwise noted.

  • I understand that mountain biking is an activity that comes with a degree of risk and that there is the possibility of serious injury and/or death.

  • I understand that riding in adverse weather conditions, including wind, rain, hail, lightning etc. can heighten the risks associated with mountain biking. 

  • I understand that the law in New Zealand states that I must wear a bicycle helmet at all times while using a bicycle.

  • I understand the importance of riding in control and within my ability levels and obeying trail instructions.

  • I understand that I must adhere to New Zealand road rules.

  • On signing this form I do hereby agree to the exclusion of liability to Mountain Bike Rotorua LTD from all claims from injury and or damage however caused. I also release and forever discharge the above organisation from all actions, suits, proceedings, claims, damages, losses, demands, penalties and fines however they may arise (including negligence).

  • I understand the there is a $1000 excess payable per bike hired in the event of non-return of hired bikes, this will be charged immediately.

  • I understand that if I am more than 20 minutes over my rental return time then I do hereby agree to pay the difference in upgrading to the corresponding rental term. This will be calculated as per the following: [actual rental term fee] - [purchased rental term fee] = fee to pay.

  • I take responsibility for all members of my party and the equipment they have hired.

  • I understand that I am required to present a valid form of photo ID and a valid credit card to be scanned for security purposes.

  • I understand that my reservation will be held for 30 minutes after my initial reservation time, after this point my reservation will be cancelled. 

  • I understand that if I select a bike that is the incorrect size based on the height chart provided then there may not be a bike available for me to hire on the day of my reservation and that my reservation can be declined due to the bike size being unsuitable. 

Mountain Bike Rotorua Shuttles:

Public MTB Shuttles and Private MTB Shuttle Charters:

Use of the public and private shuttles is at your own risk. While Mountain Bike Rotorua Shuttles has made a significant investment to develop an efficient and safe uplift system, we will not accept liability for damage of equipment while using our services.

 

Public MTB Shuttles Passes:

All passes are Shareable (excluding the Solo Rider), Non-Refundable and prices include GST. Use of the shuttles is at your own risk. While Mountain Bike Rotorua Shuttles has made a significant investment to develop an efficient and safe uplift system, we will not accept liability for damage of equipment while using our services.

 

Aircraft Charter:

MDA Experiences uses external providers for air charter and has very strict policy with regards to booking procedures.

 

Private Air Charter Deposit:

A 20% non-refundable deposit is required to secure the aircraft for your confirmed booking. Full payment details will be provided at time of quote.

 

Travel Insurance:

Visitors to New Zealand may be covered by ACC in the event of an accident however we highly recommend the purchase of travel insurance either through your broker, agent or directly at the time of placing your booking.  Please check with your insurer to ensure your travel arrangements, services and activities are fully covered.  

 

Health Conditions:

It is mandatory for all participating guests to notify MDA Experiences of any medical conditions that could impact activities prior to the start of tours and experiences.

 

Guests further acknowledge their understanding that we are sometimes in remote locations where immediate rescue assistance is not possible, and that it is important to supply MDA Experiences with their relevant medical history.  This information is essential in ensuring in our trip preparations are as thorough as they may be, allowing us to properly assist in the event of a possible incident.  Managers, Trip Leaders, Guides and/or Hosts are fully authorized to prevent the participation of any individual should they appear physically or mentally unfit for the activity, or if their participation may endanger themselves or the other participants.  In these circumstances, refunds are not given.  MDA Experiences accepts no responsibility (within applicable New Zealand laws) for medical costs incurred while traveling in New Zealand and urges guests to obtain comprehensive travel and/or medical insurance. 

 

Complaints Procedure:

We strive to make your experience in New Zealand as easy and fun-filled as possible, and pride ourselves on exceptional service and a quality experience.  If, for any reason, you have been unhappy with any facet of a MDA Experience’s product, we encourage you to let us know as soon as possible.  We shall do all that we can to remedy the inconvenience immediately, however, we also welcome written complaints within 28 days of your visit, should you prefer a more formalized procedure.  We will gladly investigate all such incidents informing you of any outcome, and value any improvements that we may make as a result. 

 

Deposit Criteria:

For direct bookings we usually require full payment to confirm your service. In some cases, we may only request a deposit to ensure bookings are confirmed.  If you are asked to pay a deposit, please do so using one of the approved methods.

 

By paying for a service with MDA Experiences, including trip deposits, guests are agreeing to the criteria outlined in this document. Casual bookings who don’t make payment or place a deposit will be asked to carefully read and understand the Terms and Conditions prior to confirming their service and undertaking any activity with MDA Experiences. 

 

Cancellation & Refund Policy:

We appreciate that unforeseen circumstances may lead to cancellation of plans, and have set out the following Cancellation & Refund Policies;  

 

MDA Experiences Tour Collection (brochure products):

Cancellations 14 days from trip start: 100% cancellation fee

Cancellations between 14 and 30 days: 50% cancellation fee

Cancellations more than 30 days from trip start: No cancellation fee

 

MDA Experiences Custom Designed Itineraries:

Generally our Custom Designed Itineraries and services are non-refundable unless in extraordinary circumstances and at the discretion of MDA Experiences management.

 

Mountain Bike Rotorua:

All services, products and shuttle passes are non-refundable unless in extraordinary circumstances and at the discretion of MDA Experiences management.

 

Private Air Charter Cancellation:

Cancellations 30 days from trip start:  No refund

Cancellations between 30 and 60 days: 50% of trip cost refunded

Cancellations more than 60 days from trip start: 80% of trip cost refunded

 
Notes:

  • Bike Hire - It is the responsibility of the customer to select the correct size bike when booking online, whilst every attempt will be made to find a solution, failure to select a bike based on the rider height and provided size guide may result in the booking being cancelled. This is at the discretion of the manager on duty. 

  • We kindly ask any guests who are unable to make their booking to notify us as soon as possible. 

 

Preparing:

As we have many activities we undertake, we understand it can be confusing in knowing what to bring.  Guests should be informed of what to bring either over the phone at the time of booking, or via email prior to their arrival.  We have created a short list of our provisions and required pre-trip information for some of our more popular adventures to assist in preparing.

 

MOUNTAIN BIKING

We require:  Height (for sizing bikes), Experience level & Medical History information

We provide:  Mountain bike, Safety Helmet and Professional Guide for guided rides and; Mountain bike, Safety Helmet for rentals.

You need to wear/bring:  Suitable clothing for cycling such as shorets, t-shirt or cycle top, long-sleeve thermal top (if cold), Water resistant shell (if wet or windy), water bottle or hydration pack, change of clothes and any medication required (ie asthma inhalers, insulin, etc.)

 

WHITEWATER RAFTING

We require:  Personal & medical history information. Some rivers may have other pre-requisites.

We provide:  Wetsuit, personal floatation device, helmet, booties for each guest, as well as rafts, paddles, communication support and qualified guides.

You need to wear/bring:  Swimsuit, towel, change of clothes and any medication required (ie asthma inhalers, insulin, etc.)

 

KAYAKING OR WAKA PADDLE

We require: Lifejacket size and Medical History information

We provide:  Lifejacket, Paddles and Kayaks or Waka; wetsuits, booties and spray jackets may also be provided for Kayaking missions, or upon request for the waka.

You need to wear/bring: Swimsuit, Shorts (preferably water-resistant), Long-sleeve thermal top, water bottle or hydration pack, towel, change of clothes and any medication (ie asthma inhalers, insulin, etc.)

 

TERMS OF SERVICE

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wheelies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wheelies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mdanz.com

Closing:

Finally we readily encourage our clients and customers to relax, unwind and enjoy their surroundings. It is mandatory to smile at every opportunity while participating, and we will be routinely checking this policy to ensure it is being followed with the utmost effort. We look forward to meeting you soon! Nau mai, haere mai.