Terms and Conditions

Mountain Bike Coaching WA (A.B.N. 52 923 457 126)

Midland, Perth, Western Australia, 6056, Australia

Terms & Conditions

1. Purpose of Policy
  1. This Booking, Refund and Cancellation Policy (Booking Policy) contains outlines our policy in respect of bookings, cancellations and refunds.
  2. By using our Services or commencing the process of booking our Services for yourself or any other person you agree on your own behalf and on behalf of any other such person to be bound by this Booking Policy.
2. Booking
2.1Booking System

All Bookings are to be made through our Booking System on our Website unless in our discretion we permit you to make a Booking by another means.

2.2Our right to refuse booking

We reserve the right to refuse a Booking or to reject a Booking after we have accepted it, by any person for any reason.

2.3Transfer of Service time by us

We may transfer the time for provision of any Services you have Booked to another time and provide you reasonable notice of that transfer. If you are unable to attend at the other time we nominate, we will allow you to transfer the provision of the Service that as Booked to a more suitable time or give you a refund.

2.4Transfer of Service time by you

You may request that a Service which you have booked which is to be provided at a particular time and date is transferred to another time and date from our available times and dates (if any) only be using the process in the Booking System for that purpose and only of you do so no later than 48 hours before the allotted date for provision of the Service in relation to that Booking, however we reserve the right to refuse a transfer and to instead issue a refund in accordance with clause 3.2.

2.5No repeated transfers

If you have transferred a Booking more than once in accordance with clause 2.4, we reserve the right to reject any further requests and refuse any refund.

2.6Alternative Booking

We may elect to require customers to make Bookings through means other than our Booking System.

2.7Availability of Lessons

Lessons available to the public may, but will not necessarily, be shown on our Booking System. We give no warranty that the information on our Booking System about the availability of any Lesson is up to date or accurate. We reserve the right to amend or vary any Lesson availability on our Website without notice.

2.8Deposit

A deposit may be requested at the time of Booking. If a deposit is requested at the time of the Booking and is not paid then the Booking will not be valid.

2.9Payment

  1. (a) Unless otherwise agreed by us in writing or by notification by us on the Website or in the Booking System, all payments for Services must be made in advance of the provision of the relevant Service through our Booking Service at the time of the Booking.
  2. (b) If we have not received a payment for the provision of any Services when specified in clause 2.9(a) we may cancel the provision of the Service without notice and without liability.
3. Cancellation
3.1Force Majeure

In the event we are unable to perform any obligation to you due to a Force Majeure Event, we will refund any moneys paid by you in relation to the Lesson within five (5) business days.

3.2Cancellation by us

We reserve the right to cancel any Lesson at any time. In the event we cancel a Lesson, except for a reason which we consider in good faith involves fault on your part, we will refund any moneys paid by you in relation to the Lesson within five (5) business days.

3.3Attendance time

You must arrive at least 5 minutes before any Lesson.

3.4Cancellations by You

  1. You must notify us at least 48 hours before the scheduled start time of the Lesson if you wish to cancel it.
  2. If you cancel a Lesson with that amount of notice we will refund any moneys paid by you in relation to the Lesson within five (5) business days.
  3. (c) If you cancel a lesson within 48 hours before the scheduled start time or did not arrive at the lesson at the time required by clause 3.3 we will not refund any moneys paid by you in relation to the Lesson.
4. Refunds
4.1When refunds will occur

We will refund all moneys paid to us in respect of any lessons cancelled in accordance with clauses 3.1, 3.2 and 3.3.

4.2When refunds will not occur

If you are later to a Lesson than the time required by clause 3.3 we may refuse you entry to the Service Location and cancel the Lesson, without liability.

4.3Our discretion

We reserve the right to issue a refund despite another provision of this document providing that you are not entitled to a refund, at our absolute discretion.

5. Miscellaneous
5.1Policy Changes

We may change this Booking Policy from time to time without notice to you. We will put any amended version of this Booking Policy on our Website within a reasonable time after any change.

5.2Jurisdiction

This Booking Policy will be interpreted in accordance with, and any dispute arising out of or in connection with it will be determined according to, the laws which apply in Western Australia, without regard to choice of law rules which would result in the substantive law which applies in another place applying to any of those matters.

5.3Severability

If any provision or part of a provision of this Booking Policy is void, voidable, unenforceable or illegal:

  1. it must be read down so as to be valid and enforceable; or
  2. if it cannot be so read down, the provision or part provision will be severed from this Booking Policy without affecting the validity, legality or enforceability of the remaining provisions of this document, which will continue in full force and effect.
6. Definitions and Interpretation
6.1Definitions

In this document:

Booking means a booking with us for the provision by us of a Service.

Booking System means any system for Booking Services which we make available to the public or any section thereof for the purposes of us accepting bookings for Services and inquiries about bookings for Services or other inquiries about Services, whether it is in the Website or made available to you through any third party website which we use for any of the above purposes.

Force Majeure Event means any event beyond our reasonable control including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil unrest, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unfavourable weather, dangerous conditions, breakdown of equipment or illness of any of our Instructors.

Instructor means us and includes any of our employees or contractors to the extent it is their duty to provide any lesson or instruction to a Relevant Person as part of or in connection with the provision of Services.

Lesson means a lesson of the kind referred to in the definition of Services.

Privacy Policy means the document with that name available at the Website.

Services means the provision by us including by any contractor on our behalf of mountain bike and bike stunt lessons.

We/us/our means Tim Neve trading as Mountain Bike Coaching WA (A.B.N. 52 923 457 126).

Website means the website accessible at https://mountainbikecoachingwa.com.au/ or at any replacement for that URL at which we decide to have a website and includes any Booking System included in that website.

6.2Interpretation

  1. A reference in this document to:

    1. the singular includes the plural and vice versa;
    2. a gender includes all other genders;
    3. another grammatical form of a defined word or expression has a corresponding meaning;
    4. a statute includes all amendments for the time being in force and the regulations, by-laws or other instruments for the time being made under that statute; and
    5. a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
  2. The meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions.
  3. Any agreement, representation, warranty, indemnity, obligation or without limitation other provision binding on two or more persons (including where two or more persons are included in the same defined term) binds them jointly and each of them severally.
  4. The fact that we were responsible for the preparation of this document or any part of it is not a reason to prefer your interests when interpreting it.
Book Now