Last updated: 7 December 2018
Back Track Buggys Tasmania Terms
In consideration of being permitted to participate in recreational activities conducted by BTBT the Tour Participant acknowledges and agrees:
1. General Terms and Conditions
All participants must comply with and acknowledge the Guidelines for Buggy Operation as follows: To ensure the safety of participants, we travel at a speed that is comfortable for you (40km/h max); All tours are operated under minimal impact and safe driving principles and it is a condition of the tour that you agree to adhere to these. All Buggies must travel in single file; Participants are to maintain a safe distance between Buggies at all times; No overtaking under any circumstances; No limbs or personal belongings are to be outside of the door line of the Buggy whilst in motion; Helmets (supplied) are to be worn at all times whilst in the Buggies; All drivers must hold a minimum of two years provisional licence which has been issued in any State of Australia to be eligible to drive the Buggies, or hold an International Drivers Licence; All participants must abide by Tasmanian road rules and laws; BTBT reserves the right to cancel a tour at full cost to the participant as a result of failing to adhere to these requirements. Due to environmental and weather conditions some features of the tour may need to be cancelled or modified and all offers and benefits are subject to change or be denied due to weather conditions; Decisions regarding weather are at the sole discretion of BTBT; BTBT will refuse to allow participants they reasonably believe to be under the influence of drugs or alcohol, to take part in a tour; The tour is suitable for persons of good health, average level of fitness, with full coordination and to be able to understand and follow basic safety instructions; Medication can be taken on the tour for conditions such as asthma or allergies however the medication must not affect the participant’s physical or mental ability, capacity or judgement; The tour is not suitable for persons with any of the following medical conditions: skeletal conditions, spinal/neck conditions, osteoporotic fractures, people who suffer from neck and back pain, and/or are recovering from surgery. The participant has disclosed in this Agreement any medical condition which may affect the tour participant’s physical or mental ability, capacity or judgement. BTBT reserves the right to refuse a tour based on ability or medical grounds. The tour is unsuitable for children who require a car seat. Legal age is 7 years and up. BTBT has taken all reasonable steps and necessary precautions to ensure the safety of BTBT’s staff and participants. Any damage to vehicles caused directly by the participant will be at the participant's expense, including replacement parts and workshop labour. BTBT recommends the purchase of suitable travel insurance; ensure that it covers you for the activities you will be undertaking.
2. Liability and Indemnity
In consideration for being allowed to participate in this tour you hereby personally assume all risks of this tour, whether foreseen or unforeseen, that may befall you, while you are a participant in this tour including but not limited to personal injury, death or injury to your personal property.
BTBT (including it's suppliers and lessors), Parks and Wildlife Services Tasmania and Forestry Tasmania accept no liability whatsoever for any loss, damage or injury to you or your property before, during or after the tour. You further release, exempt and hold harmless BTBT (including it's suppliers and lessors), Parks and Wildlife Services Tasmania and Forestry Tasmania from any claim or lawsuit by you, your family, estate, heirs, or assigns arising out of your participation in this tour including both claims arising during the tour or after you have completed the tour. You agree to indemnify BTBT (including it's suppliers and lessors), Parks and Wildlife Services Tasmania and Forestry Tasmania from any liability, loss or damage to person or property throughout the duration of the tour. You further state that you are of lawful age and legally competent to sign this liability release or that you have acquired written consent from your parent or guardian. You understand the terms contained within this document are contractual and not a mere recital and that you have signed this document of your own free act and with the knowledge that you hereby agree to waive your legal rights. You further agree if any provision of this Agreement is found to be unenforceable or invalid that provision shall be severed from this Agreement. The remainder of this agreement will then be construed as though the unenforceable provision had never been contained within this document.
3. Warning under the Competitions & Consumer Law
Under the Australian Consumer Law several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier is required to ensure that the recreational services it supplies 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.
Under Section 64A of the Australian Competitions and Consumer Law, BTBT is entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to this you will be agreeing that your rights to sue BTBT under the Australian Competition and Consumer Law if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this document.
Note: the change to your rights as set out in this form, does not apply if your death or injury is due to gross negligence on BTBT’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 that act or omission.
4. Cancellation Policy
Cancellations with less than 4 days notice will incur a fee of 100% of the total purchase price. Cancellations greater than or equal to 4 days notice will incur a fee of $30 per person. Alterations can be made to departure dates and times at no cost up until 24 hours prior to the tour, subject to availability.
Website Terms and Conditions
These are the Terms and Conditions for the use of this website.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.buggystas.com.au website (the "Service") operated by BTBT P/L ("us", "we", "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your Full Name, Address and Contact information, in order for us to provide the Purchase Services to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us.