terms & conditions
HEAVY DUTY MOTORCYCLE TOURS PL (HEREAFTER KNOWN AS ‘HDMT’) WILL UTILISE THEIR BEST ENDEAVOURS TO PROVIDE A SAFE AND ENJOYABLE TRIP FOR ALL TOUR PARTICIPANTS.
Please read the HDMT Terms and Conditions carefully and ensure that you fully understand. The term ‘participant’ used in this document refers to and applies to both riders and pillions.
DEPOSIT & PAYMENT
A deposit of A$500 per person is required to be sent with the Booking Form to secure your booking. If you submit a Booking Form less than four months before the Tour departure, you will be required to pay for the Tour in full. All deposits and payments for Tours can be made by either Visa, Mastercard, direct bank deposit, Paypal or money order/cheque payable to HEAVY DUTY Motorcycle Tours Pty Ltd. Credit card charges will incur a 1.5% surcharge. No surcharge will be incurred for the initial $500 deposit.
PRICES
All Tour prices are in Australian dollars based on the exchange rate applicable on the day in which the tour is initially published and are subject to change and availability. Twin Share Tour Prices are based on two people per hotel room – whether this is rider and pillion, or two riders, either known or not known to each other. Solo room is based on a solo rider with no other person in their own room. HDMT reserves the right to amend prices due to fluctuation of the exchange rate at any time without notice.
TOUR INCLUSIONS
Accommodation
Bike Rental (including SLI Insurance, Environmental Insurance, Event Surcharge)
Fuel (except rest days where you can ride free of the tour plan each day)
Welcome Dinner
Farewell Dinner
National Parks Pass (USA)
Refreshments en-route each day
HEAVY DUTY Merchandise Pack
Tour leaders
TOUR EXCLUSIONS
Airfares
Travel Insurance
Taxes and excess baggage charges
Cost of meals and drinks
Entry to places of interest other than those specifically stated on the final itinerary as Tour inclusions
Visa and passport fees
Optional activities and personal expenses
Tolls and Tipping
OPTIONAL ACTIVITIES
HDMT optional activities may include but are not limited to, museums, entry to local tours and attractions, or entry costs to other venues and activities. These costs are not included in the tour. Attendance is optional and at an extra cost deemed by the venue/activity.
INSURANCE
Insurance is not included in the tour price. Each tour participant must ensure they are suitably insured for the duration of the tour. All participants must have appropriate travel insurance of their own for the entire time of travel to the level and standard expected to cover participation with HDMT. Joining the tour means the every participant is in agreement and confirms such travel insurance for rider and pillion has been taken out. HDMT is not responsible for checking that participants have appropriate travel insurance. Participation in the tour deems participants have appropriate travel insurance. Every participant MUST have travel insurance to take part in any HDMT tour. We recommend CoverMore at heavyduty.com.au/travel-insurance which offers our participants a 10% discount if insurance is taken through the link heavyduty.com.au/travel-insurance. Whilst we offer discounts to CoverMore insurance, the participants must select travel insurance that is appropriate and suitable for each individual.
HEALTH
Each tour participant is responsible for ensuring that any medical conditions or disabilities that may require assistance, whether existing or newly diagnosed, are declared before Tour departure. Whilst all HDMT crew are qualified in basic First Aid by Australian standards, we are not, in any circumstances, liable if any Supplier refuses to accept any tour participant from undertaking any part of the Tour as a result of, but not limited to, any medical condition or disability. You are responsible for personal medication and medicating. Participation in the tour indicates acceptance of your being responsible for your medical well-being. If suffering from illness or disability: To ensure the safety of ALL participants on any HDM Tour; if a client suffers from an existing and/or degenerative illness or disability, HDMT reserves the right to request the following before accepting bookings:
Participants MUST provide a doctor’s certificate showing they are physically and mentally able to undertake the tour as a rider, for the full period of the tour. The certificate must include the clients’ ability to ride unassisted for that period; or
Participants MUST have a doctor’s certificate showing they are physically and mentally able to travel as a pillion, and identify a registered rider willing and able to take them as a pillion on that tour; (to ensure the safety of the rider, the pillion and other tour group participants, it is an HDMT recommendation that riders hire a trike when taking pillions with physical or mental health restrictions on the back of their bikes); and
Participants MUST have full medical and travel insurance covering them for the existing illness and/or disability, for the full period of the tour. HDMT does not carry out alcohol or drug testing. It is the responsibility of each participant to ensure they comply with all alcohol, drinking, or drug laws relevant to the state and country in which they are licensed and insured; and any applicable local laws. HDMT reserves the right to revoke a tour participant’s involvement if the participant does not comply with traffic laws or any terms and condition to which the participant has agreed to and/or following any directions given by the HDMT crew. HDMT reserves the right to separate itself from or evict, any tour participant at the tour participant’s expense if HDMT deems the participant is an unsuitable tour participant based on judgment and without explanation or validation.
GROUP RIDING & ACCOMMODATION
Tour participants may choose to ride with the group or not. Tour participants may choose to stay in their chosen accommodation or not. If alternate accommodation is procured, no refund for booked accommodation will be given. If participants choose to ride separately to the group and hence not with the group at allocated fuel stops, they will be responsible for their own fuel stops and any costs associated with riding separately.
Participation in the tour is completely at each participant’s own risk. HDMT is not responsible for any injury or death any participant may suffer.
HDMT and all tour participants agree that the law governing this and any agreement about the tour is governed by the law of the State of Victoria, Australia.
AGREEMENT
Your completion and submission of a Booking Form signifies your agreement to be bound by these Terms and Conditions, which constitute the agreement between HDMT and you, the rider, and any pillion you nominate on your booking form. By agreeing to the Terms and Conditions, you acknowledge that the participants named in the Booking Form agree to be bound by these terms. You will be deemed to have accepted these Terms and Conditions on behalf of the persons named in the Booking Form. You must provide full and accurate personal details of tour participants in the Booking Form. You may be required to provide additional details upon request. All participants must have a valid credit card (not a debit card) for imprint when hiring motorcycles and entering into bike hire agreements with the bike hire company and for other purposes as the need arises including but not limited to hotel accommodation.
You may choose to select higher or premium cover for bike hire when collecting bikes. HDMT offers basic third-party insurance coverage with bike hire. We recommend that riders take out comprehensive insurance offered at the time of motorbike collection. This is an expense that should be factored in when budgeting for tour expenses.
CANCELLATION & REFUND POLICY
HDMT recognises that there may be circumstances where you wish to cancel your participation in a Tour, or where HDMT may need to cancel a Tour. A full refund will be issued for all cancellations made before 1 January of the initial booked year of travel. Notification of cancellation must be received by email to info@heavyduty.com.au After this date, a $500 cancellation fee will apply. This cancellation fee may be used as credit for any future bookings.
HDMT provides Tours that utilise third-party services. It is each participant’s responsibility to meet any additional fees, charges, terms, conditions or restrictions that may apply in addition to this Cancellation and Refund Policy.
The following cancellation charges will be payable based on the total Tour Price and will vary depending on how much notice is provided to us before the commencement of a Tour:
90-119 days: 90% refund of Tour Price
45-89 days: 75% refund of Tour Price
14 days to 44 days: 25% refund of Tour Price
less than 14 days: 0% refund of Tour Price
Whilst riders can customise their tour all changes are required to be confirmed to HDMT ASAP as planning, booking of accommodation, bike hire, etc are based on the organised tour structure. We require that dates/modifications/changes be confirmed in writing ASAP. Changes may be non-refundable or incur a cancellation or change/variation fees. The above fees/dates apply to any changes requested 120 days before the tour commencement date.
If you fail to pay the balance of the Tour Price at least four months before Tour departure we will treat your booking as canceled and you will be required to remit all outstanding monies due and payable to us. Should you wish to cancel a Tour and rebook an alternative Tour this will be subject to the Cancellation and Refund Policy. You will be required to pay any difference in the Tour Price and/or deposit of the alternative Tour.
ATTENDANCE
HDMT reminds all Tour participants that they are responsible for knowing and being at departure points on time, being in a fit, sober, drug-free, and healthy state to ride long distances; being considerate and respectful to all other tour participants and organisers; riding safely and within their own abilities; obeying all local laws and regulations (these vary from State to State and country to country).
HDMT is not responsible for any missed or canceled flights or missed connection flights or loss of baggage.
HDMT is not responsible for any part of the tour missed or not enjoyed due to, but not limited by, any of the following reasons: missing departure times, alcohol or drug consumption, sickness, bad weather, hired or owned motorcycle breakdowns, loss or damage to any motorcycles or property, roadwork, unscheduled or unforeseen changes in plans, routes or accommodation for any reason, or any “act of God”, force majeure, and/or any unforeseen occurrence outside the direct control of HDMT.
AGE RESTRICTIONS
Minimum age to participate in the tour is 21. For riders over 75, a letter from your doctor stating that you are fit and able to ride a motorcycle for the duration of the tour is required.
GROUP RIDING
Only members who are paid up as HDMT Tour participants can ride with the group or stay with any group member. Whilst in Sturgis, this may be chosen to be “private time” where members may elect to do their own activities each day and ride with whomever they choose. Any person who joins any part of the group will be required to be a paid tour member – no exceptions.
CANCELLATION OF TOURS BY US
We reserve the right to cancel a Tour anytime prior to the commencement of that Tour due to insufficient participants, terrorism, natural disasters, force majeure, political instability, pandemic-related border and immigration laws in Australia or overseas, or any other external events or reasons. If we cancel a Tour, you may choose between applying the amount paid toward an alternative Tour or receiving a refund. We are not responsible for any incidental expenses you may have already incurred as a result of your Tour, such as visas, vaccinations, and airline travel. You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
If you leave a Tour for any reason after it has commenced, no refunds for unused portions of the Tour and no refund for the used portion of the Tour will be given. Any unused tour portion is not transferable. If you do not turn up on the date and time for the commencement of the Tour without prior notice to us, that shall be considered a cancellation with no refund available. Any changes or amendments to Tour bookings that you may choose to make must be advised by email. We will do our best to assist you, however, we cannot guarantee that changes can be made. You may be required to pay all charges and expenses incurred by us, or charged to us, by Suppliers as a result of any such amendment.
Tour plans are created in advance and every effort is made to ensure that details, descriptions, prices, and opinions provided are correct at the time of creation. Changes can occur at short notice, including, but not limited to, inclement weather conditions, lack of demand, or emergency repair works which we cannot be held liable for. This may include hotel closures, restaurant closures, petrol stop closures, or any other unforeseen destinations booked/arranged in good faith whereby changes are made that we are unaware of.
We provide Tours to you that utilise third-party services, including but not limited to, motorcycle tour operators, motorcycle hire companies, and hotel operators. We will make bookings on your behalf and will arrangecontracts between you and the suppliers. It is your obligation to review and accept any respective terms and conditions of the suppliers for these services.
HDMT does not participate in or arrange airline travel for any person, and as a consequence, cannot be held responsible for any loss, damage, or claim associated with airline travel. Tour participants are solely responsible for making and arranging all airline travel.
CHANGES TO TOURS BY HDMT
Proper care is taken to ensure the descriptions and Tour prices are accurate on all tour promotional material. However, we reserve the right to change or vary a Tour, including tour prices, due to circumstances beyond our control, including, but not limited to, terrorism, natural disasters, political instability, adverse currency fluctuations, or other external events or for any reason without question. If for any reason outside our control, we are unable to provide a significant proportion of your tour after it has commenced, you will not be entitled to claim any additional amounts or seek compensation for any loss, expense, or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such amendment or change (other than through your own travel insurance).
TERMINATION
No refunds will apply to any termination of any reservations or tours due to unforeseen circumstances, acts of God, or force majeure, either before or once the Tour has commenced departure from Australia. Any such claims may be submitted to your insurance provider.
NON-TOUR REGISTERED RIDERS OR PILLIONS
HDMT does not permit attendance on any part of the tour for riders or others who are not registered on the tour. We do not allow non-participants to join the riding group for any optional rides whilst at any event such as Daytona Beach Bike Week, Sturgis Rally, Milwaukee anniversaries or any part of any tour.
REFUSAL OF CARRIAGE
We reserve the right to remove a tour participant from participating in a Tour for reasons that impact on the enjoyment or safety of other tour participants, such as, but not limited to, a tour participant’s physical, medical or mental inability to undertake the arrangements of the Tour, unsocial or unruly behaviour, or the carriage of prohibited substances and materials. HDMT reserves the right to separate itself from or evict, any tour participant at the tour participant’s expense if HDMT deems the participant is an unsuitable tour participant based on judgment and without explanation or validation. Under no circumstances will abuse of HDMT Crew or other tour participants – verbal, physical or in writing – be tolerated at any time. Any such behaviour will see the offender/s immediately removed from the tour, from all tour communications and with no financial reimbursement.
NON-OBSERVANCE OF TRAFFIC LAWS & GROUP TRAVEL OBLIGATIONS
If the tour participant does not comply with local traffic laws or the requirements for group travel, HDMT may cancel their contract. HDMT reserves the right to revoke a tour participant’s involvement if the participant does not comply with traffic laws or any term and condition to which the participant has agreed to and/or following any directions given by HDMT.
ITINERARIES
Provisional itineraries are provided by way of the information displayed on the websites or by email. A final itinerary for the Tour will be issued to all Tour Participants four weeks before Tour departure. Itineraries may change at any time without prior notice.
COMPLAINTS
If you are not satisfied with any aspect of the Tour whilst you are on the Tour, you must address your complaint immediately. If the problem cannot be resolved at that time you must provide full details of your complaint to us in writing within 30 days of the completion of a Tour. Failure to do this will deny us the opportunity to resolve the problem immediately and/or investigate it properly.
HELMETS
While HDMT recommends wearing a helmet, HDMT is not responsible for enforcing this. It is up to the participant to comply. Some US State laws do not enforce wearing a helmet. Should a participant choose not to wear a helmet they do so at their own risk. Note that many motorcycle hire companies and travel insurance require helmets to be worn as part of the contract. It is up to each individual to be responsible for their own actions and choices. We do not recommend not wearing a helmet. By completing the booking form and joining the tour indicates you agree to these T&C you waive all rights, liability, and responsibility from HDMT should you as a rider or pillion choose to ride without a helmet.
GENERAL
All participants agree to the T&Cs described on this form to participate in the tour and any activities arranged by the HDMT. By joining the tour, you, the participant, acknowledge that you understand and agree with all the above and also agree that HDMT will not be responsible for any or all foreseeable or unforeseeable incidents, issues, or occurrences that may or not be listed here. You also confirm that an appropriate level of travel insurance to cover participation before, during, and after a tour with HDMT has been taken out.
HDMT accepts participants in line with the Terms and Conditions agreement and the Release and Indemnity agreement. By joining the tour, participants agree to these documents, and acknowledge they have read and understood, accepted, and agreed to the Terms and Conditions and the Release and Indemnity.
Participants are assumed to be aware of and voluntarily assume the risks associated with motorcycles including serious injury and/or death caused by loss of vehicle control, collisions, mechanical failures, road and/or riding conditions, own negligent acts, the negligent acts of other riders and any potential negligence of HDMT, including the failure to adequately screen, train, warn or otherwise protect me from all these risks.
By joining the tour participants agree to waive to the fullest extent allowed by law and all claims of any kind that have or may in the future have relating to HDMT, whether directly or indirectly by subrogation or otherwise against HDMT, any participating or participants, industry association(s), or other tour sponsors, and/or any of their affiliates, tour participants, agents, successors, or assigns. Participants agree to release HDMT from any and all liability of loss, damage, expense or injury (including death) that any next of kin may incur resulting from my participation in the tour in any capacity for any and/or all parts associated with pre, during and post tour involvement. Participants waive any benefits they may have under any law, Australian or in the USA that provides that a general release does not extend to claims which are not known of or suspect exist, which if known may have materially affected any decision abide by this agreement. Participants agree to defend, hold harmless and indemnify HDMT from and against any and all liability for any claim or loss, including personal injury, death, property, loss, legal fees, and litigation costs resulting from participation in the tour.
WHATS APP
A chat is set up for each participant prior to tour commencement for the purpose of communicating within the group prior, during and after the tour. The chat is for the convenience of group members. Unsuitable or unwelcome comments will be removed from the chat and participants may be removed from the chat at the discretion of HDMT without warning or notice.
SINGLE TRAVELERS
We will place two solo riders in twin share accommodation if both parties are known to each other and requested this. If individuals have chosen the twin share option when booking riders will be paired up with another twin share rider who has selected the same option. We will not be responsible for whom you will be sharing with. It may not be possible to change sharing arrangements. It is possible to upgrade to solo accommodation during the tour if accommodation availability allows this option to be taken. Please approach HDMT staff if you wish to pursue this option once the tour has commenced.
DOCUMENTATION
HDMT has taken precautions to ensure information and details provided about each tour, and the tour itinerary is correct and accurate. A considerable amount of pre-planning and site inspections has been undertaken to ensure details mentioned in itineraries meet our high standards. Every effort is made to ensure that details are correct at the time of distribution, however, no responsibility or liability is accepted for any errors, omissions, or alterations contained in either documentation or the itinerary. Please note many aspects are not within the control of HDMT and no responsibility or liability will be accepted by HDMT.
PRICE CHANGES
Currency fluctuations, fuel surcharges, and/or tour costs can happen without notice. It is our intention that any changes will be advised in advance, however, HDMT is not responsible for any increases applied by any of our contracted tour operators or hotels, nor for any currency fluctuations. In the event of significant movements in currency exchange rates, it may be necessary to apply from time to time a currency surcharge or price adjustment.
BIKE RENTALS
The motorcycles rented to you for the tour are covered by varying policies depending on the rental company. Please familiarise yourselves with the included cover and options before you agree to join the tour. The policy is included in the tour cost, but an imprint of your personal credit card will be taken when you pick up the bike. You must supply proof of your current driver’s licence showing you are licenced to ride a motorcycle of the same capacity intended to be ridden.
BIKE INSURANCE
Tour cost includes SLI (Supplemental Liability Insurance), Environmental Surcharge and Event Surcharge. Further insurance including VIP Zero Plus Theft & Damage Waiver insurance OR VIP Plus Theft & Damage Waiver insurance, and Roadside Assistance is not included. HDMT recommends riders take the highest cover which is optional. Extra insurance and/or travel insurance depending on level will need to be initiated by riders if any claims are required to be submitted.
BACK UP VEHICLE
A back up vehicle will travel with the tour carrying group luggage and refreshments. We request that participants limit their luggage to 15kg per person. Whilst care will be taken loading and unloading luggage, no liability will be accepted by HDMT if luggage is damaged. This includes any occasion when HDMT or its representatives move luggage for whatever reason. Participants are 100% responsible for their own luggage even when in the care or possession of HDMT or in the back up vehicle. Participants should carry their own luggage at all times otherwise. No liability will be accepted in the event of theft or accidental damage. This should be pursued through participants individual travel insurance.
Should any member travel in the back up vehicle for any reason for any period of time, they do so at their own risk. HDMT does not accept responsibility for any reason for any event whilst travelling in the back up vehicle. By joining the tour, you are agree to travelling in the back up vehicle at your own risk at no liability to HDMT.
RESPONSIBILITIES
It is the responsibility of all passengers to ensure that they hold a current passport with a minimum of six months validity from your return date of travel, and any visas or documentation necessary, including any recommended vaccinations. HDMT does not accept any liability for injury, damage, loss, delay, additional expenses or inconvenience caused either directly or indirectly by any events which are beyond our control, or which are not preventable or preventable by HDMT. HDMT has exercised due care with its selection of travel operators, car companies, bike hire companies, hotels, coach companies, tour operators and/or other suppliers. Tour participants may at time during the tour, travel in the back up vehicle. Each tour participant does so at their own risk. HDMT is not liable whether at fault or not. All tour participants are responsible for themselves and their own safety for the entirety of the HDMT. By joining the tour you agree that HDMT is not liable whatsoever in part or in full, for any incident, accident, foreseen, unforeseen, by you or any persons representing you whilst on tour, in any vehicle organised by HDMT, driven or not driven by a representative of HDMT, or any part of the tour organised or not organised by HDMT. In other words, HDMT is not responsible in part or in full for anything or everything. All tour participants by attending the tour, agree to the HDMT T&Cs and Release and Indemnity form. This document is purposely repetitive to emphasis that HDMT holds no responsibility or liability for any reason during the entirety of the tour. By joining the tour and you agree to all the terms and conditions stated.
RIDER’S SKILL & EXPERIENCE
Participation in HDMT assumes a rider is at a skilled level and with recent riding experience to take part in long distance riding on a daily basis. Riders are strongly encouraged to undertake an advanced riding course in the 12 months prior to their intended tour, not only for the safety of themselves and their pillions but also for the safety of other tour participants.
RELEASE & INDEMNITY
HEAVY DUTY MOTORCYCLE TOURS conduct motorcycle tours in Australia, the USA and globally. Participation (including passive participation or attendance) involves a significant risk or physical harm and other obvious risks (including but not limited to obvious risks such as accidents, collisions, technical and mechanical failures, weather and road or traffic conditions and obstacles) which may materialise and result in property damage, direct and/or indirect loss, personal injury (physical and mental injury) and/or death to the bparticipant, other road users, passengers, tour guides, pedestrians, attendees, HDMT staff and others.
I ACKNOWLEDGE AND UNDERSTAND THAT:
Voluntary assumption of risk: The Tour is a recreational activity and may be dangerous and my participation in the tour will expose me to the possible, significant and obvious risks of harm, personal injury (physical and mental injury), death, property damage and/or losses. These risks may materialise as a consequence of vehicle/s or motorcycles or parts of them colliding with others, persons or property,, accidents, technical or mechanical failures, weather and road conditions, obstacles or as a consequence of other obvious or reasonably foreseeable matters not set out in this document. I am participating in the Tour voluntarily and at my own risk and I may withdraw from the Tour at any time. By joining the tour I agree to information on the Release and Indemnity I assume the risk of loss, damage or injury (including death) which may be sustained by me or my property which is in any way connected with the Tour or my participation in the tour, as set out in clause 3 below.
My rights: I have rights provided under the Australian Consumer Law for Losses incurred by me if the Tour is not delivered with due care and skill and is not fit for purpose (“Consumer Guarantees”). I acknowledge that under this Release and Indemnity I give up some of those rights, as set out in clause 3(a) and 3(c) below. I also understand that separate from and in addition to the consumer guarantees, I would normally have other rights in respect of losses I sustain as a result of the Tour, which could include, without limitation, rights arising as a result of negligence, rights arising under contract or statute, or rights arising otherwise at law (“other rights”). Under this Release and Indemnity, I give up all Other Rights as set out in clause 3(a)(ii) and clause 3(c).
The rights I am giving up: (a) Rights against HDMT, I agree that, to the full extent permitted by law, HDMT will not be liable to me or to any person claiming through or on behalf of me for: (i) any losses arising out of or in connection with and death or personal injury which is or may be suffered by me as a result of a breach of the Consumer Guarantees in connection with the Tour, my participation in the Tour. (ii) in respect of all my Other Rights, any losses that arise out of, or are otherwise connected with HDMT, my participation in the Tour. (b) I release and discharge HDMT from any and all losses referred to in clause 3(a) of this Release and Indemnity. I agree not to bring any Claim against HDMT in relation to such losses and I agree to waive all rights in respect of any Claim that I have or may have which relates to or arises out of any such losses. (c) Rights against HDMT and staff: I agree that, to the full extent permitted by law, the HDMT and staff and suppliers will not be liable to me or any person claiming through or on behalf of me in respect of any losses arising out of or otherwise connected with the Tour, my participation in the Tour, whether arising in tort contract, under statute or otherwise at law and I agree that to the extent that HDMT and their representatives and/or staff cannot exclude their liability to me, but may limit their liability, the liability of HDMT is limited to the full extent permitted by law. To the extent permitted by law, I release and discharge any and all of HDMT in relation to such losses and I agree to waive all rights in respect of any claim that I have or may have which relates to or arises out of any such losses. (d) Nothing in this Release and Indemnity excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or my exercise of the Consumer Guarantees or any liability for failing to satisfy the Consumer Guarantees related to, or in connection with the Tour, where to do so would have the effect of rendering the relevant provision in this Release and Indemnity void or otherwise unenforceable.
To the extent permitted by law, I indemnify each and all of HDMT, any personnel, against any losses suffered or incurred by any of them and against any claims made or brought against any of them which are caused by or arising out of any act or omission that is attributable to me or any breach of this Release and Indemnity by me, including without limitation any claim brought against HDMT by others or another Tour participant.
(a) I agree to follow directions and signs given and shown to me during the Tour by HDMT and its staff and representatives and act in a manner appropriate for group events. (b) that whilst riding I abide by local laws for alcohol content level (c) that at all times during the Tour I hold a current and valid motorcycle licence (that is not suspended) which entitles me to ride on a public road and the type of motorcycle I ride during the tour and I will present it whenever asked. (d) to ride safely and without limiting the foregoing, not ride or otherwise conduct myself in such a way as to put me, any other person or property at risk of damage, death or injury. (e) to obey any terms and conditions of the Tour and acknowledge that my participation in the Tour is subject to those conditions. (f) that I am over the age of 18. (g) to comply with all laws (including regulations) applying or otherwise relevant to the Tour.
Consent to use of name, image etc. By joining the tour, I agree to information on this Release and Indemnity, I agree to HDMT (and third parties authorised by HDMT) using my name, likeness, image, photo and/or video in any media (including within and outside Australia) for an unlimited period without any obligation on HDMT to pay me any remuneration, compensation or fee for the purpose of promoting the Tours and or any product distributed by HDMT.
Safety and medical disclosure: I promise and agree that I am in good health and physical condition and physically able to participate in the Tour which I have elected to undertake. I promise and agree that I have no existing medical condition or medical complaint that may in any degree affect the use of the motorcycle, facilities, equipment, my health, my safety or the safety of others, or reasonable grounds for suspecting that I may have or may suffer from any condition.
Severability: If any provision in this Release and Indemnity is held to be illegal, invalid, voidable, or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provisions is to be severed to the extent necessary without affecting the validity enforceability of the remaining part of that provision or the other provisions in this document, and the rest of the Release and Indemnity remains unaffected and in force.
Parties to take the benefit of the Release and Indemnity: I agree that each HDMT, any one or more of the Tour Guides and Representatives are separately entitled to the benefit of the exclusions and releases of liability set out in this Release and Indemnity. I understand that any one or more of HDMT, tour guides or representatives may independently enforce this Release and Indemnity or plead this as a bar to any benefit or, this Release and Indemnity on its own behalf and as an agent of, and trustee for, the personnel, to the extent that the exclusions and releases of liability set out in this Release and Indemnity are expressed to benefit thePersonnel and HDMT. I release HDMT and its representatives of any and all liability whatsoever whether listed here or not, foreseen or unforeseen.
This Release and Indemnity and any legal action involving this Release and Indemnity or its effect are governed by the laws of Australia.
Definitions: For the purposes of this document, “Claims” means any claim, allegation, suit, action, demand, cause of action or proceeding, irrespective of when or howsoever it arises, whether or not it is present or future or actual or contingent, whether or not it is fixed or unascertained, or whether or not it is at law (including under contract or tort, including for negligence), in equity or under statute; “losses” means any damages, obligations, liabilities, costs of whatever kind, expenses or losses including without limitation, reasonable legal fees and expenses, court costs, arbitration fees, penalties, fines and amounts paid in settlement of claims of any kind whatsoever and howsoever arising, whether direct, indirect, special, consequential or otherwise. “HDMT” means HEAVY DUTY Motorcycle Tours Pty Ltd. “Personnel, tour guide and representative” means each of HDMT employees, volunteers, agents, affiliates, related bodies corporate and subcontractors.
PRIVACY POLICY
HEAVY DUTY MOTORCYCLE TOURS is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your personal information. We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern how we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
HEAVY DUTY MOTORCYCLE TOURS is an Australian based company which conducts national and international motorcycle tours. For HEAVY DUTY MOTORCYCLE TOURS to organise tours on your behalf it is necessary to have your personal information.You will be asked to provide this information at the time of booking a placement on any HEAVY DUTY MOTORCYCLE TOUR. You will also be asked to provide additional personal information including
a next of kin or emergency contact person; and
if you suffer from any physical, mental, medical issues that may impact your ability to safely undertake your tour; and
any other information relating to your health that may be deemed to impact on the safe conduct of your tour. The identification documentation provided by you is held by the Company Director/s or Tour Leader representing HEAVY DUTY MOTORCYCLES on your particular tour.
Information relating to your identification will be held securely by the Director/s of HEAVY DUTY MOTORCYCLE TOURS for the period required by the Australian Taxation Office, which will not be longer than seven years.
What is Personal Information and why do we collect it?
Personal information is information that identifies an individual. Personal Information is collected from our customers directly. We collect your Personal Information for the primary purpose of providing our services to you. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Security of Personal Information.
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and unauthorised access, modification or disclosure. Most of the Personal Information is or will be stored in client files which will be kept by us for a maximum of 7 years.
Maintaining the Quality of your Personal Information
It is important to us that your Personal Information is up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
POLICY UPDATES
This Policy may change from time to time.
PRIVACY POLICY COMPLAINTS & ENQUIRIES
If you have any queries or complaints about our Privacy Policy please contact us by email: alan@heavyduty.com.au or call/text +61 407 270 699
