Pre booked shuttle service from Melbourne to Tasmanian trails operating on selected
weekends year round.
Minimum of 3 guests for the shuttle service to run, maximum 4 *Please contact if you
have less than 3 persons as we may be able to match up with other riders

Please read carefully these terms and conditions of contract. In completing and
submitting the Booking Form, you agree to be bound by these conditions which
constitute the agreement between Wattlebird Tasmanian Transfers (WBTT), trading as
divisions of Wattlebird Services Pty Ltd ACN 166 879 518 (Here after referred to as
WBTT) and you. No variation of these conditions will be effective unless in writing and
signed by a person so authorised by WBTT. In these terms and conditions reference to
“WBTT representatives” means tour leaders and staff of WBTT and its officers,
employees, agents, licensees, guides and other third parties and representatives and
the land management authorities in Australia, or any of them.

By completing and submitting the Booking Form you affirm that you:
• are over the age of 18 and legally competent to give the waiver, release and indemnity
contained in it;
Where this document is signed for a participant under 18 years of age, then the
parent/guardian signing this document covenants in terms of conditions 17 and 18, in
respect of any claim, liability or cause of action that arises out of or is incidental to the
child’s participation in the tour.
• understand that this document is contractual in nature, has legal effect and is not
merely a warning nor provided for information purposes;
• understand that WBTT have relied upon your execution of the document in allowing
your and/or your child’s participation in the tour.

1. How to Book
To reserve your place on a tour/s, you must complete the Online Booking Form and pay
a minimum deposit of $400. Some trips require a greater deposit amount or an
additional instant payment for a permit/access to parks and trails. In these instances,
refer to the individual trip detail pages and trip notes for details.

2. Prices
The prices quoted represent the most current prices, are per person and are subject to
minimum numbers. Where minimum numbers are not met by the balance payment due
date, a small group surcharge will be offered to ensure the trips operation. Refer to the
trip notes for all tour Inclusions and exclusions. Once you have paid a deposit for your
trip any subsequent discounts or price reductions that are advertised may not be
retrospectively applied. WBTT will try its utmost not to increase tour prices, however,
sometimes increases are outside its control and WBTT reserve the right to amend tour
prices accordingly. Amendments may be necessitated for many reasons including, but
not limited to, increases in ground operator services, increased fuel costs, airfares,
airport charges, or the need to engage alternative air or ground operators. Any increase
in tour prices must be paid prior to the departure date.

3. Payment
Deposit/booking due minimum 14 days prior to departure
The balance of the tour price is payable to WBTT 3 days prior to departure Prices are
quoted in Australian dollars (unless otherwise specified) and all payments must be
made in Australian dollars. If payment of the balance of the tour price is not received by
WBTT by the due date you will be taken as having cancelled the tour and cancellation
charges in accordance with condition 4 will apply.

4. Cancellations
If you wish to cancel your tour, you must notify WBTT in writing where after the
cancellation will take effect subject to the following:
• If cancellation takes place more than 8 days prior to your departure date, your full
deposit will be refunded. If cancellation takes place at 3 days or less before your
departure date 100% of the tour price will be forfeited.
Variations to the conditions outlined in clauses 3, 4 and 5 may apply. Please refer to
individual trip essential information for details. The tour price is quoted as a package.
No partial refunds or credit will be given for services not used. Any amount forfeited,
which has not then been paid to WBTT by you, may be recovered from you by WBTT as a
debt due and payable.

5. Amendments/Transfers
AMENDMENTS: To make amendments to your tour arrangements, you must notify WBTT
in writing. Each amendment to your tour arrangements will incur a $100 administration
fee and you will be liable for any increase in fares or operational expenses occasioned
by the amendment.

TRANSFERS: If you wish to transfer from one tour to another, you must notify WBTT in
writing after which the transfer will take effect subject to the following. Transfers may
only be made to another tour to commence within 14 days of your original departure
date and some charges may apply:

Note: Any transfer from one tour to another is subject to availability and the agreement
in writing of WBTT, however, the transfer of a trip from one person to another is not
permitted.

6. Health & Fitness Requirements
You must be in good health and physical condition and are strongly advised to follow
our pre departure fitness training recommendations. Depending on the trip grading and
your medical circumstances, you may be required to submit our medical questionnaire
as proof that you are fit and healthy enough to participate in the tour 14 days prior to
departure, unless you have a pre-existing medical condition or are over 60-70 years of
age (depending on your trip grading) in which case you must have your doctor complete
and sign it. If you suffer from severe muscular, chest heart or bronchial disorders, or if
you are a severe asthmatic, or have high blood pressure, you are strongly advised
against participating. Tours take place in remote areas where there is little or no access
to normal medical services or hospital facilities for serious problems. Evacuation,
where necessary, can be prolonged, difficult and expensive. Medical and evacuation
expenses will be your responsibility. but insurance may cover you depending on the
circumstances. While we do not discriminate by age, due to the extreme nature of some
of our trips we strongly discourage participants over 60 years of age. WBTT reserve the
right in its absolute discretion to refuse a participant the right to participate on a tour
and our standard cancellation terms will apply in these circumstances.

7. Medical Disclosure
You declare and warrant that:
• you are in good health and mental and physical fitness at the time of booking this tour;
• you have disclosed to WBTT’s every matter concerning your health and mental and
physical fitness of which you are aware, or ought reasonably be expected to know, that
is relevant to WBTT’s decision to permit you to go on the adventure tour;
• immediately upon any adverse change in your health or fitness that may be likely to
affect WBTT’s decision to permit you to go on the adventure tour, you will notify WBTT in
writing of any such adverse change;
• you acknowledge that the obligation to disclose under this condition continues from
the time of booking the tour through to departure and for the duration of the tour;
• WBTT are permitted to disclose medical information to our consultant doctor for an
opinion;
• WBTT’s consultant doctor may exclude you from a tour if he/she deems it necessary;
• you have taken the necessary precautions to immunise/vaccinate for the destination
you are travelling to;
• you have taken out a travel insurance policy that adequately covers you for medical
eventualities including cover specifically for any pre-existing medical conditions.

8. Tour Leaders
WBTT tour leaders take their responsibilities seriously and if for any reason a tour leader
believes, in his or her absolute discretion, that you should not participate in the tour,
before your departure, he or she may exclude you from the tour. In this event, you will be
offered the option of taking another tour considered suitable for you or a full refund. If
for any reason during a tour the tour leader considers, in his or her sole discretion, that
your behaviour or your fitness or mental or physical health is likely to cause danger,
distress or annoyance to others, he or she may direct you not to continue and you must
follow the tour leader’s instructions. In this case you will not be entitled to any refund.
WBTT reserve the right to change, at any time, the tour leader of any tour. If that
happens, WBTT will try to ensure that the alternative tour leader has expertise
commensurate with that of the original tour leader. Any such change by WBTT will not
give rise to any right on your part to cancel the tour or claim any expenses, loss or
damage which may be suffered.

9. Complaints
If while during your trip you have a problem, please bring this to the immediate attention
of the tour leader, teacher or relevant supplier (eg. Transport provider, hotelier). If your
complaint is not resolved to your satisfaction, please contact your WBTT consultant by
email or phone and they will endeavour to assist you. If your complaint cannot be
resolved locally, please follow this up in writing within 7 days of your return home by
writing to our Operations Department at WBTT

10. Cancellation due to tour booking numbers
WBTT reserve the right to nominate a small group surcharge where a trip has not
reached minimum numbers or to cancel the tour. In case of a tour cancellation due to
booking numbers, you will be given a full refund of payments made by you to WBTT. You
will not be entitled to claim any additional amounts or seek any compensation for any
injury, loss, expenses or damage or for any loss of time or inconvenience which may
result from such cancellation including but not limited to visa, passport and vaccination
charges, gear purchases or non-refundable flights and taxes.

11. Route changes, Postponement, Cancellation or Delay
WBTT reserves the right to either before or during a tour: • cancel or modify any routes
within the tour or objectives set out in the itinerary; or
• substitute different or equivalent routes within the tour in place of cancelled or
modified routes, or
• postpone, cancel or delay (either in relation to the departure or arrival times or the
duration of the tour) any such aspect of the tour if, in the absolute discretion of WBTT , it
is necessary to do so due to inclement weather, or circumstances that are known to us
and are otherwise likely to be hazardous or dangerous or due to any other adverse or
threatening conditions at the absolute discretion of WBTT, there is a likelihood of any
such event occurring which may impact upon the safety of the participants, or if an act
or omission of a third party prevents the tour or any aspect of the tour being undertaken
in accordance with your booking or for any other reason considered necessary by
WBTT . In the event of any change, modification, cancellation, postponement or delay
under this condition, you acknowledge that you will have no right of refund of the tour
price (whether in whole or in part) and no right to claim compensation for any injury,
loss or damage or other additional expenses incurred by virtue of the change,
modification, cancellation postponement or delay.

12. Itineraries and brochures
Itineraries and other details are published in good faith as statements of intention only
and reasonable changes in the itinerary and related items may be made where deemed
necessary or advisable by WBTT. The information contained on WBTT ’s website,
brochures, trip notes and pre departure information is to the best of WBTT belief,
correct at the date of publishing.

13. Insurance
Personal travel insurance is not included in the tour price. It is a condition of booking a
tour with WBTT, and your responsibility to ensure that you are adequately insured for the
full duration of the tour in respect of illness, pre-existing medical conditions, injury,
death, loss of baggage and personal items, evacuation, cancellation and curtailment.
You must provide evidence to WBTT that you have obtained personal travel insurance
covering all of the activities in which you expect to participate. If you do not, for any
reason, provide satisfactory evidence of suitable personal travel insurance, WBTT may
in their discretion cancel your tour and refund the tour price you have paid less
cancellation fees and any other non-recoverable costs WBTT have incurred.

14. Proof of identity
you must provide proof of identity on request from WBTT – failure to do so may result in
tour cancelation

15. Airlines and other transport providers
Any material published by WBTT, the Booking Form and these conditions of contract are
not issued on behalf of, and do not commit any airline whose services are used or
proposed to be used in the course of the tour. If an airline’s proposed travel or fare
schedule is amended or cancelled, such amendment or cancellation will not be
considered a cancellation of the tour by WBTT. Any flights or other transport forming
part of the tour arrangements are subject to the conditions of the carrying airline or
other transport entity, which in most cases limits the airlines’ or other transport entity’s
liability to passengers in accordance with applicable international law and conventions.

16. Force Majeure
If WBTT are prevented (directly or indirectly) from performing any of its obligations under
this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns,
epidemics and pandemics, interruption of transport , government or political action,
travel bans imposed by governments, acts of war or terrorism, acts or omissions of a
third party or for any other cause whatsoever outside WBTT ‘reasonable control, WBTT
will be under no liability whatsoever to you and may, at its option, by written notice to
you, cancel the tour wherein condition 4 will apply in respect of cancellation charges.

17. Assumption of risk
You acknowledge and agree that:
• by the very nature of Mountain biking, they are more challenging and demanding with a
commensurately higher level of risk compared with conventional holidays, and involve
potential exposure to injury and possibly death;
• in the countries and regions in which adventure travel is undertaken, standards of
accommodation, transport, health care, hygiene, safety and service provision generally
are often not as high as those standards in your country of residence and may require
flexibility and patience on your part;
• the additional dangers and risks associated with mountain biking may include difficult
and dangerous terrain; high altitude; extremes of weather, including sudden and
unexpected changes; political instability; remoteness from normal medical services
and from communications; and evacuation difficulties in the event of illness or injury;
• the enjoyment and excitement of mountain biking is derived in part from the inherent
dangers and risks associated with mountain biking and that those inherent dangers and
risks are a reason why you wish to undertake the adventure tour, and
• you have submitted your booking for the tour after giving due consideration of relevant
travel information including, without limitation, any relevant information or advice given
by the Department of State and that it is your responsibility to acquaint yourself with
that information or advice. For the above reasons you therefore accept the inherent and
increased dangers and risks associated with the proposed mountain bike tour and the
accompanying risk of injury, death or property damage or loss.

18. Exclusion of Liability
Save for the guarantees that apply to the supply of services of the kind covered by these
terms and conditions under Subdivision B of Division 1 of Part 3-2 of the Australian
Consumer Law (ACL), as modified by condition19, and to the extent permitted by law,
you hereby exclude, release and forever discharge WBTT and their representatives from
liability for all claims including, without limitation, claims for loss of profits,
consequential, exemplary and aggravated damages, for:
(a) your death or physical or mental injury or the death or physical or mental injury of
any other person; and
(b) damage to or loss of your property or the property of any other person,
arising from or connected with your participation in the recreational services which
comprise the tour.

19. Exclusion of liability from ACL guarantees
Under Subdivision B of Division 1 of Part 3-2 of the ACL, certain guarantees apply to the
supply of services of the kind covered by these terms and conditions.
Under section 139A of the Competition and Consumer Act 2010 (Cth) (CCA), WBTT may
exclude the application of the provisions of Subdivision B of Division 1 of Part 3-2 of the
ACL in certain circumstances.
To the extent permitted by section 139A of the CCA, WBTT exclude the application of the
provisions of Subdivision B of Division 1 of Part 3-2 of the ACL:
1. in respect of all recreational services, within the meaning of section 139A(2) of the
CCA, provided by WBTT pursuant to these terms and conditions;
2. limited to liability for:
a. death; or
b. a physical or mental injury of an individual (including aggravation, acceleration or
recurrence of such an injury); or
c. the contraction, aggravation or acceleration of a disease of an individual; or
d. the coming into existence, the aggravation, acceleration or recurrence of any other
condition, circumstance, occurrence, activity, form of behaviour, course of conduct or
affairs in relation to an individual
i. that is or may be harmful or disadvantageous to the individual or community; or
ii. that may result in harm or disadvantage to the individual or community,
iii. but excluding liability for significant personal injury suffered by a person that is
caused by the reckless conduct,
within the meaning of section 139A of the CCA, of WBTT.

20. Release, Discharge and Indemnity
To the greatest extent permitted by law (including section 139A of the Competition and
Consumer Act 2010) you:
• unconditionally release, discharge and agree not to sue WBTT in respect of any
liability, claim or cause of action that may arise from any act, omission, default, failure
or error on the part of WBTT, (including any negligent act, omission, default, failure or
error) in respect of the supply of the recreational services to you;
• indemnify and will keep indemnified WBTT from any liability, claim or cause of action
that may be brought against WBTT as a result of or in connection with any act, omission,
default, failure or error on the part of WBTT (including any negligent act, omission,
default, failure or error) arising from or in connection with the supply of the recreational
services;
• agree that in the event of your death, your estate and personal representatives,
executors or administrators indemnify and will keep indemnified WBTT from any liability,
claim or cause of action that may be brought against WBTT by your personal
representatives, executors, administrators, dependants or any other person entitled to
claim damages in respect of your death.
This condition 20 is limited to liability for:
• death; or
• a physical or mental injury (including the aggravation, acceleration or recurrence of
such an injury); or
• the contraction, aggravation or acceleration of a disease; or
• the coming into existence, the aggravation, acceleration or recurrence of any other
condition, circumstance, occurrence, activity, form of behaviour, course of conduct or
state of affairs:
i) that is or may be harmful or disadvantageous to you or the community; or
ii) that may result in harm or disadvantage to you or the community.

21. Exclusion of Liability applicable for Victorian clients. This condition applies for
clients in Victoria, Australia.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR-TRADING ACT 2012
If you sign the Booking Form, you will be agreeing that your rights to sue the supplier
under the Australian Consumer Law and Fair-Trading Act 2012 are excluded, restricted
or modified in the way set out in the Booking Form, if you are killed or injured because
the services provided were not in accordance with the statutory guarantees outlined
below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the
supply of certain goods and services. These guarantees mean that the supplier named
in this condition is required to ensure that the recreational services it supplies to you—
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make
known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the
supplier.
NOTE: The change to your rights, as set out in this condition, does not apply if your
death or injury is due to gross negligence on the supplier’s part. “Gross negligence, in
relation to an act or omission, means doing the act or omitting to do an act with
reckless disregard, with or without consciousness, for the consequences of the act or
omission. See regulation 5 of the Australian Consumer Law and Fair-Trading
Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair-Trading
Act 2012.

22. Privacy
You permit WBTT to collect personal information from you, or from your medical
practitioner, regarding your health and medical condition. You acknowledge that this
personal information may be disclosed to WBTT representatives in order to ensure your
safety and wellbeing but will not be used by them for any other purpose. 23. Waiver
A party will not be deemed to have waived any of its rights or remedies under these
conditions or at law by allowing any time or indulgence or by not exercising any right or
remedy arising out of any default by the other party.

23. Severance of conditions
If any part of a condition is illegal, unenforceable, or invalid, it is to be treated as
removed from the conditions, however, the remainder of the conditions are not altered.

24. Jurisdiction
This agreement and the rights and obligations of the parties will be construed and take
effect in accordance with and be governed by the laws of:
• Victoria, in the case the booking is made in the state of Victoria, or
• NSW, in the case the booking is made elsewhere in Australia or from outside of
Australia