Background

• These Terms and Conditions (Terms) set out the rights and obligations of Customers when using this Website, booking Tours and participating in Tours.
• This Website is owned by ROAMING HORIZONS PTY LTD ACN 666 703 537.
• Users must read these Terms carefully. By clicking ‘I accept’, purchasing a Tour, or viewing, accessing, browsing, or using the Website, Users acknowledge having read and agreeing to be bound by these Terms and any other documents referenced herein and/or available by hyperlink, including the Privacy Policy (if applicable). If Users do not agree to these Terms, they must not access or use the Website or make any booking for a Tour.
• If Customers have any questions relating to these Terms, please contact explore@roaminghorizons.com.au.

Definitions and Interpretation

Definitions

In these Terms, unless contrary intention appears:

ACL means the Australian Consumer Law as set out in schedule 2 of the Competition and Consumer Act 2010 (Cth);

Booking means any Booking Request accepted by Roaming Horizons;

Booking Request has the meaning given to that term in clause 4(a);

Customer means a person who has paid any amounts towards the Price of a Tour;

Delayed Obligation has the meaning given to that term in clause 20(e);

Deposit means the deposit for a Tour, as specified on the Website, which shall be applied towards the payment of the Price;

Force Majeure Event means any:

• act of God;
• weather pattern or event;
• natural disaster;
• war, act of terrorism, cyber-attack, riot, insurrection, or act of vandalism;
• disease or pandemic;
• failure of electricity, water or other utility;
• strike, lockout, ban, or other industrial disturbance;
• law, rule, or regulation of any government or governmental agency or an executive or administrative order; or
• which affects Roaming Horizons’ capacity to fulfil its obligations under these Terms and is unforeseen, beyond the control of Roaming Horizons and occurs without the fault or negligence of Roaming Horizons;

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

GST Act Supplier means the entity making the Supply;

Intellectual Property means the patents, rights to inventions, formulations, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, spreadsheets, moral rights, personal information, rights in confidential information (including know-how and secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

Material means any software, source code, object code, test cases, documents, equipment, reports, technical information, studies, plans, charts, drawing, calculations, tables, schedules and data stored by any means;

Notice means the meaning given in clause 19(a);

Price means the purchase price for a Tour, as nominated on the Website;

Privacy Laws means the Privacy Act 1988 (Cth);

Privacy Policy means the privacy policy of Roaming Horizons (if any) as amended from time to time;

Progressive or Periodic Supply means a Taxable Supply that satisfies the requirements of section 156–5 GST Act;

Roaming Horizons means ROAMING HORIZONS PTY LTD ACN 666 703 537 of 43 Applegum Crescent, Kellyville, NSW 2155;

Rules has the meaning given to that term in clause 5(b);

Security Deposit means an amount specified by Roaming Horizons as the security deposit for a Tour and/or Vehicle;

Tour means a tour offered for sale to Customers on the Website;

User means a user of this website and includes a Customer;

Vehicle means a motor vehicle, motor bike or any other powered (whether electrical or combustion engine) vehicle supplied by Roaming Horizons for use on a Tour; and

Website means the website and any other website notified by Roaming Horizons from time to time.

Interpretation

In these Terms:

the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;

a reference to these Terms includes the agreement recorded by these Terms;

these Terms are not to be interpreted against the interests of a party merely because that party proposed these Terms or some provision in it or because that party relies on a provision of these Terms to protect itself; and

a reference to a party is a reference to the User and/or Customer (as the case may be) or Roaming Horizons, and a reference to the parties is a reference to both the User and/or Customer (as the case may be) and Roaming Horizons.

Preliminary

All Users must read this legal document. These Terms constitutes the legal terms between Roaming Horizons and its Users.

Roaming Horizons is the owner and operator of this Website and these Terms set out a User’s rights and obligations and how Users may access this Website.

For clarity, these Terms are in addition to any other agreement Roaming Horizons has in connection with a User.

As the Website is constantly developing, any new features or tools which are added to the Website will also be subject to these Terms. Users can review the most current version of the Terms by requesting a copy from Roaming Horizons. Alternatively, Users can access a copy of the Terms directly from the Website.

Subject to clause 2(f), Roaming Horizons reserves the right to update, change or replace any part of these Terms by posting updates and communicating this to Users directly through the Website or electronic communication. A User’s continued use of, and access to the Website following the communication of changes, constitutes acceptance of those changes.

If a Customer has made a Booking, that Booking will be subject to the Terms communicated and accepted by the Customer at the time the Booking Request was made.

The Customer acknowledges and agrees that participation in Tours involves inherent risks including but not limited to accidents, injury, illness, property loss, and death. The Customer voluntarily assumes all such risks, and to the maximum extent permitted by law, waives any right to claim against Roaming Horizons in respect of such events.

General Licence to use Website

Subject to the User agreeing to and complying with these Terms, Roaming Horizons grants the User a limited, non-transferable, revocable, non-exclusive right to access and use the Website.

By agreeing to these Terms, the User represents and warrants to Roaming Horizons that they are at least the age of 18.

A breach or violation of these Terms will result in an immediate restriction of the User’s access to the Website (including up to access refusal) and at Roaming Horizons’ election, Roaming Horizons may terminate any Booking in which case the provisions of clause 9 shall apply.

Bookings

Users may make a Booking request on the Website, by email or WhatsApp to request reservation of a Tour (Booking Request).

A Booking Request will only be valid if the User provides their full name and contact information and pays a Deposit, at which point the User will be referred to as a Customer under these Terms.

Submitting a Booking Request does not guarantee or confirm a Booking until such time as Roaming Horizons notifies the Customer and provides confirmation of Booking (via email to the Customer’s supplied email address). Roaming Horizons may accept or reject a Booking Request in its sole discretion. In the interests of the Customer’s safety, Roaming Horizons further reserves the right to decline a Customer’s participation in the Tour (in full or in part) based on the Customer’s medical fitness and/or conditions and Roaming Horizons may request copies of medical advice reports in respect of the Customer’s health in that regard before accepting a Customer for a Tour.

The Deposit is payable by the Customer at the time of making a Booking Request in the manner (including currency) specified on the Website. Deposits are only refundable in accordance with clause 7(h), or if Roaming Horizons rejects a Booking Request.

The outstanding Price for a Booking (being the Price less the Deposit) must be paid to Roaming Horizons in the manner directed at least 90 days before departure of the Tour. If a Booking Request is submitted within 90 days of departure, the full Price is payable upon making a Booking Request.

If there is a dispute about whether the Price or other amount contemplated by these Terms is payable or available, the Customer must not withhold the amount in dispute.

The Price for Tours may change from time to time on notice by Roaming Horizons.

If the Customer fails to pay any part of the Price (including the Deposit) as specified in these Terms, then without limiting any other remedies available to Roaming Horizons, Roaming Horizons may suspend or cancel the Booking.

Tours

The Customer acknowledges and agrees that Tours offered by Roaming Horizons are, by their nature, adventure activities and carry inherent personal and property risk.

Roaming Horizons may make rules, policies and directions in connection with the Website, Tours and Vehicles from time to time (Rules). The Customer must at all times comply with the Roaming Horizons Rules. The Customer must carefully read the Rules and comply with them and by making a Booking Request, the Customer is deemed to have accepted the Rules for the Tour. The current Rules are set out in Annexure A of these Terms.

The Customer must purchase travel insurance which covers the Customer’s participation in the Tour and in particular, for the risk to personal safety, health (including all pre-existing medical conditions, which the Customer must fully and accurately disclose to the insurer and Roaming Horizons) and property associated with an adventure tour in the nature of the Tour, and the Vehicle being used (which must be noted on the policy as a motorcycle more than 250 cc). Travel insurance must fully cover the Customer’s medical costs and repatriation to Australia and any loss suffered by any cancellation or modification of Tours. Roaming Horizons accepts no responsibility for any insurance shortfall in coverage, including exclusions for high-risk activities or motorcycle use. Any referral made to the Customer by Roaming Horizons regarding potential travel insurers is made strictly without any endorsement, guarantee or recommendation in respect of that travel insurer and it is the Customer’s sole responsibility to satisfy themselves that their chosen travel insurer is appropriate for their needs and provides sufficient coverage (including limits) to the Customer. Roaming Horizons disclaims all responsibility and any liability in connection with any travel insurance arrangements made by the Customer.

If the Customer fails to provide evidence of valid travel insurance with coverage acceptable to Roaming Horizons, Roaming Horizons may cancel the Booking and clause 5(k) shall apply.

The Customer must:

truthfully, accurately and fully disclose all matters, facts and circumstances (including any and all medical conditions, whether chronic or otherwise) to Roaming Horizons and the Customer’s travel insurer;

be fit, healthy and physically capable of performing the Tour;

carry sufficient quantities of medication and personal first aid equipment to cover the duration of the Tour (noting medications and supplies may not be available to purchase while on Tour);

comply with all health requirements of any lawful authority (including vaccinations);

sign any document and do all things requested by Roaming Horizons, including but not limited to any declaration forms; and

provide Roaming Horizons with a copy of the Customer’s travel insurance, passport, any required Visas and any other document (such as medical advice reports) requested from time to time.

Roaming Horizons is not responsible for any medical event, injury or death arising due to a pre-existing condition, whether disclosed or undisclosed. Failure to disclose medical conditions may result in immediate termination of the Customer’s participation in the Tour.

If the Customer fails to comply with clauses 5(c), 5(d), 5(e) or 5(f), Roaming Horizons may cancel the Booking in which case clause 5(k) shall apply.

The Customer irrevocably authorises Roaming Horizons to arrange all medical treatments, repatriations, medications and healthcare for the Customer and on the Customer’s behalf as deemed necessary or desirable by Roaming Horizons and the Customer indemnifies Roaming Horizons from any and all such costs incurred by Roaming Horizons which must be immediately paid to Roaming Horizons on demand and if not paid, will be claimable by Roaming Horizons as a liquidated debt.

Roaming Horizons may cancel or modify a Booking in its sole and absolute discretion at any time, including after commencement of a Tour. Such reasons for cancellation or variation may include but are not limited to:

failure to secure a minimum number of Customers required for the Tour;

the health, physical fitness or other circumstances of the Customer;

political instability or Force Majeure Events; or

any issues which may jeopardize the safety of Customers on the Tour in any way, such as weather or transport issues.

If Roaming Horizons cancels or terminates a Booking under these Terms in circumstances other than due to the Customer’s breach of these Terms, Roaming Horizons will:

notify the Customer of the cancellation;

if the Tour has not commenced (as determined by Roaming Horizons): at Roaming Horizons’ election, offer the Customer the option of (a) booking another Tour on another date at the same Price excluding an amount specified by Roaming Horizons as genuinely reflecting costs incurred (including booked accommodation and tour permits) by Roaming Horizons prior to cancellation of the Booking, or (b) a refund equal to the Price, less the Deposit, less an amount specified by Roaming Horizons as genuinely reflecting costs incurred (including booked accommodation and tour permits) by Roaming Horizons prior to cancellation of the Booking;

if the Tour has commenced (as determined by Roaming Horizons): subject to law and clause 7(h), no refund or alternative Tour will be given to the Customer; and

not be liable for any additional cost or losses incurred by the Customer due to cancellation or modification of a Booking, including but not limited to travel reservations (such as transport or accommodation) and travel expenses (such as insurance and Visa fees).

If Roaming Horizons cancels or terminates a Booking under these Terms due to the Customer’s breach of these Terms, then without in any way limiting any rights or remedies available to Roaming Horizons under these Terms or at law, Roaming Horizons will:

notify the Customer of the cancellation;

subject to law and clause 7(h), clause 9(b) shall apply and no refund or alternative Tour will be given to the Customer, notwithstanding any other clause of these Terms to the contrary; and

not be liable for any additional cost or losses incurred by the Customer due to cancellation or modification of a Booking, including but not limited to travel reservations (such as transport or accommodation) and travel expenses (such as insurance and Visa fees).

Subject to law and clause 7(h), no refund or alternative Tour will be given to the Customer for modification or variation of Bookings by Roaming Horizons, howsoever arising and notwithstanding any other clause of these Terms to the contrary.

The Customer may notify Roaming Horizons in writing at any time up until the commencement of the Tour (as determined by Roaming Horizons), that it wishes to cancel a Booking, in which case Roaming Horizons will refund an amount determined below based on when Roaming Horizons receives the Customer’s request under this clause:

90 days or more before commencement of the Tour: 100% of the Price, less the Deposit;

89 to 45 days before commencement of the Tour: 75% of the Price, less the Deposit;

44 to 30 days before commencement of the Tour: 50% of the Price, less the Deposit;

29 days or less before commencement of the Tour: Nil.

If the Customer fails to attend the Tour (including due to illness, health matters under clause 5(f) or failure to obtain any required Visa or satisfy an entry requirement) and no prior notice under and in accordance with clause 5(m) has been provided, then subject to law and clause 7(h) no refund or alternative Tour will be given to the Customer.

If the Customer arrives late or departs early from the Tour, Roaming Horizons will not be responsible for any loss, costs or expenses incurred and will not, subject to clause 7(h) and law, refund any amount on account of failing to participate in part (or all) of the Tour.

Subject to law, clause 7(h) and Roaming Horizon’s sole discretion, the Deposit is not refundable once paid and shall be forfeited to Roaming Horizons in the event of Booking cancellation (other than where cancellation is due to Roaming Horizons’ default of these Terms).

Roaming Horizons may require the Customer to pay a Security Deposit before commencement of the Tour. Such Security Deposit must be paid in a manner and in a currency determined by Roaming Horizons. The Customer authorises Roaming Horizons to use the Security Deposit for any damage suffered or incurred to Vehicles or other property (or that of another person or Customer) and if the amount of Security Deposit held by Roaming Horizons is insufficient to cover such damage, Roaming Horizons may invoice the Customer for any such amount which must be paid by the Customer within 7 days of the invoice date, failing which Roaming Horizons may claim the amount as a liquidated debt. Roaming Horizons will refund the amount of Security Deposit remaining at conclusion of the Tour, provided the Vehicle is returned in the same working condition (fair wear and tear excepted) as it was when provided to the Customer, and no damage has been caused to any other property. Where the Security Deposit is used to cover damage or loss, Roaming Horizons will provide an itemised statement of charges and the Customer waives any right to dispute such charges unless a written objection is lodged within 7 days of notification. The Customer irrevocably authorises Roaming Horizons to take all required action (including on behalf of the Customer where the Customer fails to take the action as the Customer’s attorney) and releases Roaming Horizons from any liability in connection with this clause.

Roaming Horizons will allocate Vehicles to Customers on a first come first served basis. Roaming Horizons does not guarantee any particular Vehicle will be available to the Customer but will endeavour (but is not obliged) to satisfy any reasonable request (such as bike size, to better suit the Customer’s size.

Roaming Horizons will have no liability to the Customer in connection with any claim arising from or related to the operation of a Vehicle, damage to a Vehicle or damage caused by or in connection with the Customer’s operation of a Vehicle. Roaming Horizons will have no liability in connection with a Customer’s licence or permit to operate a Vehicle or lack thereof.

Roaming Horizons does not warrant the fitness, reliability, or roadworthiness of any Vehicle provided and disclaims all liability arising from mechanical failure, even if such failure results in personal injury or loss.

Customer Warranties

The Customer represents and warrants, and the Customer must:

follow all directions of Roaming Horizons in connection with the Booking and the Tour;

comply with the Rules;

not withhold from Roaming Horizons any document, information or other fact material to the decision of Roaming Horizons to provide the Tour to the Customer;

take all reasonable steps to maintain, care, secure and protect the Vehicle (including its keys) for the duration of the Tour and follow all instructions of Roaming Horizons in that regard, failing which the Customer will be responsible for the full cost of any replacement Vehicle;

leave locations on Tour in the same condition as it was prior to the Customer’s arrival;

notify Roaming Horizons of any damage or problems with the Vehicle as soon as reasonably practicable;

not do anything which damages the Vehicle or causes nuisance to other Customers or the public;

only park Vehicles on areas strictly designated by Roaming Horizons as suitable for parking and otherwise follow the directions of Roaming Horizons in that regard;

hold all required licences, permits and authorisations required by any country, state or other regulator governing the location of the Tour, to use and operate the Vehicle. Without limiting the forgoing, the Customer must have a valid (not suspended) Australian driving licence for the Vehicle and an international drivers licence and must carry same on the Customer’s person at all times while operating a Vehicle;

comply with all applicable laws (including driving laws) in the country, state or other locality governing the location of the Tour;

have the necessary training and skill to safely operate the Vehicle on Tour over difficult terrain and should the Customer fail to adequately disclose any lack of experience or riding ability, Roaming Horizons remains not responsible for any personal injury (including death), loss or other damage;

take full responsibility for any and all medications and medical supplies purchased, consumed or acquired by the Customer on Tour (including but not limited to the risk of such medication or supplies being of lower quality, unsafe or otherwise unsuitable for the Customer);

not operate a Vehicle while under the influence of any alcohol or drugs (including legal medications that may impair the Customer’s judgement or ability to safely operate a Vehicle) and without limiting Roaming Horizon’s remedies at law or under these Terms, the Customer’s breach of this clause will result in the Customer being suspended from operating the Vehicle and being fully liable for all loss, damage, injury and other costs (including Vehicle damage). Roaming Horizons is not required to repair or replace any damaged Vehicle arising in the circumstances of this clause; and

pay all fines, penalties or other amounts incurred by the Customer on Tour, including but not limited to speeding fines and parking fines.

The Customer acknowledges Roaming Horizons, in agreeing to provide the Tour to the Customer, is relying on the warranties and on the representations made by the Customer in or under these Terms.

The representations made and warranties given in clause 6 are regarded as repeated each day from the date a Booking is accepted under clause 4(c) until conclusion of the Tour, with respect to the facts and circumstances then subsisting.

Subject to clause 7(h), Roaming Horizons does not represent or warrant that any particular Tour is safe or fit for any particular purpose and the Customer must satisfy itself entirely as to the risk of participating in the Tour and its suitability. The Customer expressly acknowledges and understands that the Tour may be dangerous and the Customer may suffer personal injury or death. To the maximum extent permitted by law, the Customer irrevocably releases and discharges Roaming Horizons (including its officers, directors, staff, contractors and agents) from any liability, howsoever arising (including due to negligence and/or for personal injury or death). The Customer is not required to participate in a Tour and is doing so entirely voluntarily after being advised of the risks to life.

Limitation of Liability

Roaming Horizons does not guarantee, represent or warrant that the Customer’s:

use of the Website will be uninterrupted, timely, secure or error-free; or

participation in Tours and use of Vehicles will proceed as planned, free from interference, or at all times be entirely safe.

Subject to clause 7(h), the Customer expressly agrees that their use of, or inability to use, the Website and their participation in Tours and use of Vehicles is at their sole risk and Roaming Horizons disclaims any and all liability for any costs or damage (including personal injury or death) suffered by the Customer.

Subject to clause 7(h), any liability of Roaming Horizons for any loss or damage, however caused (including by the negligence of Roaming Horizons and/or any personal injury or death) suffered by the Customer in connection with these Terms is limited to the Price. This is an aggregate limit for all claims, whenever made.

The Website and Tours are provided ‘as is’ and ‘as available’ strictly for the Customer’s 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. Roaming Horizons does not, in any way, give any warranty regarding any Tour or Vehicle and the Customer must satisfy itself in all respects regarding the participation in Tours and use of Vehicles.

In no case will Roaming Horizons, its 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 the Customer’s use of the Website, participation in Tours and use of Vehicles, or for any other claim related in any way to the foregoing, 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 Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

For clarity, the Customer agrees clauses 7(c) and 7(e) is to apply in connection with a breach of these Terms, anticipated breach of these Terms and other conduct regardless of the seriousness or nature of that breach, anticipated breach or other conduct.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, or the guarantees that cannot be excluded by law, in such states or jurisdictions, Roaming Horizons’ liability will be limited to the maximum extent permitted by law.

Nothing in these Terms restricts, limits or modifies the Customer’s rights or remedies against Roaming Horizons for failure to comply with a statutory guarantee under the ACL. If the ACL applies, Roaming Horizons’ liability will be limited to, in its discretion, supplying the services again or paying the cost of having the services supplied again.

Subject to clause 7(h), Roaming Horizons will not be liable for any loss or damage suffered or incurred by the Customer through its use of the Website, participation in any Tour or Vehicle, or use of a linked website or any breakdown or interruption to the Website, Tour or Vehicle.

Indemnification

The Customer indemnifies, defends and holds harmless Roaming Horizons and any parent, subsidiaries, affiliates partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney’s fees, in connection with:

any breach of these Terms or other documents or policies referred to in these Terms which the Customer is obliged to comply with (including the Rules);

any use of a Vehicle which breaches any applicable law or regulation;

any personal injury or death of a Customer or any third party;

any property damage (including but not limited to Vehicles) of the Customer or any third party;

any costs contemplated in clause 5(h);

any negligent acts or omissions of the Customer;

the violation of any law or infringement of any third party rights by the Customer; or

the Customer’s use of the Website, participation in Tours and use of Vehicles, including any third party claims made in connection with, or arising out of, the foregoing (as the case may be).

Each indemnity in these Terms is a continuing obligation notwithstanding:

any settlement of account; or

the occurrence of any other thing,

and it is not necessary for Roaming Horizons to incur expense or make payment before enforcing or making a claim under an indemnity.

Termination

These Terms commence from the time the Customer accepts these Terms until the completion of the Booking (as determined by Roaming Horizons).

If, in Roaming Horizons’ sole opinion, the Customer fails, or Roaming Horizons suspects that the Customer may have failed, to comply with any provision of these Terms, Roaming Horizons may, without in any way limiting its rights and remedies under these Terms or at law:

terminate these Terms at any time without notice;

cancel any Bookings;

deny the Customer’s access to Roaming Horizons’ Website (or any part thereof); and/or

sue the Customer for any loss or damage.

Any provision of these Terms which is expressly or by implication intended to come into force or continue on or after termination will remain unaffected by termination or expiry of these Terms.

Personal Information

The Customer consents to Roaming Horizons using and disclosing their personal information (including but not limited to name, contact details, health details, and payment information) for the purpose of providing the Customer with access to and the benefit of the Website, making Bookings, participating in Tours and marketing purposes.

The Customer represents and warrants that it has made all disclosures and obtained all consents (if any) required by the Privacy Laws and any other legislation with respect to personal information in connection with any data they input or otherwise upload to the Website.

The Customer grants Roaming Horizons a non-exclusive, royalty free licence (including the right to sublicence) to use any data the Customer inputs or otherwise uploads to the Website. The Customer warrants that it has all authority to provide Roaming Horizons with such rights.

By using the Website, the Customer consents to Roaming Horizons collecting and using technical information about the device and related software, hardware, peripherals and related information to improve the Website and provide services to its Customers. Such information collected with be handled by Roaming Horizons in accordance with its Privacy Policy.

Secure Data

No data transmission over the internet can be guaranteed as totally secure. Roaming Horizons does not warrant and cannot ensure the security of any information which Users transfer to Roaming Horizons. Sensitive and personal identifiable information such as passwords and credit card information are encrypted during transfer over networks in Roaming Horizons’ control, however ultimately the User is responsible for the verifying the security of their access to the Website before transmitting any data to Roaming Horizons.

Accordingly, any information that is transmitted to the Website is transmitted at the User’s own risk. If the User becomes aware of any problems with the security of the data or the Website, please contact Roaming Horizons immediately and do not use the Website.

The User must provide all necessary equipment and software to access and use the Website including but not limited to a mobile device and an internet connection which satisfies Roaming Horizons’ requirements from time to time. Roaming Horizons is not responsible for any fees in relation to the User’s equipment, software and internet connection and assumes no liability for any loss or damage suffered or incurred by the User in that regard.

The User represents and warrants that all information supplied by the Customer to Roaming Horizons is true, correct and accurate and not misleading (whether by omission or otherwise). The User agrees to promptly update their information (including their personal details such as but not limited to residential address, vehicle registration, billing information, phone number and email address) as soon as practicable upon such details changing.

The User is for responsible for the security of its Booking and must not, without Roaming Horizons’ written consent, disclose any usernames or password for any customer account or similar facility (if any) made available to the User on the Website. The User must immediately notify Roaming Horizons if the security of their account or Booking becomes compromised (or is likely to be compromised).

Third-party Links & Referrals

Third-party links on this Website or referrals and recommendations by Roaming Horizons for certain third-party goods or services, may direct the User to third-party websites or platforms, or provision of goods or services (including pre or post Tour activities), that are not affiliated with Roaming Horizons.

Roaming Horizons is not responsible for examining or evaluating the content, accuracy or suitability of such Websites and/or goods or services, and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, or products or services of third-parties.

The User must carefully review the third-party’s policies and practices and make sure they understand them before they engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Roaming Horizons takes no responsibility and assumes no liability in respect of any third-party Websites or goods or services that may be recommended by Roaming Horizons.

Accuracy, Completeness and Timeliness of Information

Roaming Horizons is not responsible if information made available on this Website is not accurate, complete or current. The User should not solely rely on Roaming Horizons’ information 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 Website is at the User’s own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only.

Roaming Horizons reserves the right to modify the contents of this Website at any time, but has no obligation to update any information on the Website. The User agrees that it is their responsibility to monitor changes to the Website and updates may be automatically installed without their prior notice or approval.

Errors, Inaccuracies and Omissions

There may be information on the Website that contains typographical errors, inaccuracies or omissions. Roaming Horizons reserves the right to correct any errors, inaccuracies, or omissions, and to change or update any information on the Website if it is deemed to be inaccurate at any time without prior notice.

Roaming Horizons undertakes no obligation to update, amend, or clarify information on the Website, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms, the User is prohibited from using the Website or its content:

for any unlawful or unauthorised purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, provincial or state regulations, rules, laws or local ordinances in Australia or elsewhere in the world;

to infringe upon or violate Roaming Horizons’ Intellectual Property rights or the Intellectual Property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

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 Website or any related website, other websites or internet;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Website or the internet.

Warnings

The User must ensure that its access to the Website, the making of any Booking and participation in any Tour, is not illegal or prohibited by laws which are applicable to the User or Roaming Horizons.

The User agrees that its use of the Website will not violate any right of any third-party, including copyright, trade mark, privacy, personality, or other personal or Intellectual Property right.

The User must not use false or misleading contact details, pretend to be someone other than itself, or otherwise mislead Roaming Horizons or third parties with respect to its use of the Website, the making of any Booking and participation in any Tour.

The User must take its own precautions to ensure that the process that they employ for accessing the Website does not expose them to the risks of viruses, malicious computer code, malware, or other forms of interference which may damage its own computer system. For the removal of doubt, Roaming Horizons does not accept responsibility for any interference or damage to the User’s own devices which arises in connection with the User’s use of the Website or any linked website.

Intellectual Property Rights

The User does not acquire ownership of copyright, trade secrets or other Intellectual Property rights in any part of the Website or Roaming Horizons by virtue of these Terms. The Website (and all copies thereof) is licensed, not sold, under these Terms to User.

The Roaming Horizons logo and name may be a trade mark of Roaming Horizons in Australia and other jurisdictions. The User must not remove or later any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels in connection with the Website.

The User acknowledges that any Intellectual Property rights, including copyright, graphics, logos, trade marks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this Website, are owned by Roaming Horizons and that these remain the property of Roaming Horizons (or its licensor) and must not be used in any manner without the prior written consent of Roaming Horizons. These Intellectual Property rights are protected by Australian and international laws and nothing in these Terms gives the User a right to use any of them in a manner inconsistent with these Terms.

Nothing contained on the Website is to be interpreted as a recommendation to use any information on this Website in a manner which infringes the Intellectual Property rights of any person. Roaming Horizons makes no representations or warranties that Users’ use of the information on this Website will not infringe such Property rights.

The User may view this Website and its contents for the sole purpose of operating the Website in accordance with these Terms and at all times subject to the Copyright Act 1968 (Cth) and similar legislation. For the avoidance of doubt, to the extent the User’s devices stores software code in connection with the User’s access and use of the Website, such reproduction and use will not, in itself, amount to a breach of this clause 17(e).

The User must not in any form or by any means reproduce, modify, adapt, distribute, store, transmit, publish or display within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without proper written consent of Roaming Horizons or, in the case of third-party material, from the owner of the material. To extent the User breaches this clause, then without limiting Roaming Horizons’ remedies at law, the User assigns all Intellectual Property rights created by it in connection with this clause to Roaming Horizons for no further payment and undertakes to do all things and sign all documents necessary at the User’s own cost to give effect to this clause.

Although copyright in the Website is not infringed in circumstances contemplated by sections 47D, 47E and 47F of the Copyright Act 1968 (Cth), the User may not modify or copy the layout or appearance of this Website nor any computer software or code contained in this Website, nor may the User decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this Website.

If the User corresponds or otherwise communicates with Roaming Horizons or other Users, they automatically grant to Roaming Horizons an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of their communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this Website and developing ideas and suggestions for improved products or services, without any compensation or remuneration.

The Customer irrevocably consents to the use of their image, voice, and likeness captured during the Tour for any lawful purpose, including commercial and marketing use, and waives any claims for compensation, moral rights or further consent. If the Customer does not wish to be photographed or imaged, the Customer must notify Roaming Horizons as soon as possible and in any case before such images are taken.

Costs and taxes

The Customer must pay:

all stamp duty (including penalties and interest) assessed or payable in connection with these Terms; and

subject to clause 18(c), all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the performance of these Terms.

Any words capitalised in clause 18 and not already defined in clause 1.1 have the meaning given to those words in the GST Act.

Except under clause 18, the consideration for a Supply made under or in connection with these Terms does not include GST.

If a Supply made under or in connection with these Terms is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable:

the Recipient must pay the GST Act Supplier an amount equal to the GST for the Supply, in addition to, and in the same manner as the consideration otherwise payable under this document for that Supply; and

the GST Act Supplier must give the Recipient a Tax Invoice for the Supply.

For clarity, the GST payable under clause 18(d) is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the GST Act Supplier is liable, however caused.

If a party has the right under these Terms to be reimbursed or indemnified by another party for a cost incurred in connection with these Terms, that reimbursement or indemnity excludes any GST component of that cost for which an Input Tax Credit may be claimed by the party being reimbursed or indemnified, or by its Representative Member, Joint Venture Operator or other similar person entitled to the Input Tax Credit (if any).

Where a Tax Invoice is given by the GST Act Supplier, the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.

Where a Supply made under or in connection with these terms is a Progressive or Periodic Supply, clause 18(d) applies to each component of the Progressive or Periodic Supply as if it were a separate Supply.

Notices

A notice, demand, certificate, process or other communication (Notice) relating to these terms must be in writing in English and may be given by an agent of the sender.

In addition to any other lawful means, a Notice may be given by being:

personally delivered;

left at the party’s current delivery address for notices;

sent to the party’s current postal address for notices by pre-paid ordinary mail or, if the address is outside Australia, by pre-paid airmail;

sent by email to the email address.

The particulars for delivery of Notices are initially:

in the case of Roaming Horizons:

Postal address: 43 Applegum Crescent, Kellyville, NSW 2155

Email: explore@roaminghorizons.com.au

Attention: Gurudutt Shenoy

in the case of Customers

Email/postal address: As specified by the Customer when making a Booking Request.

Roaming Horizons may change its particulars for delivery of Notice by way of updating these Terms.

A Notice is given if posted:

within Australia to an Australian postal address, three Business Days after posting; or

outside of Australia to an Australian postal address or within Australia an address outside of Australia, 10 Business Days after posting.

A Notice is given if sent by email:

when the message is successfully transmitted and an acknowledgement of receipt from the receiver’s computer is recorded on the sender’s computer; or

1 hour after the time sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered,

whichever happens first.

A Notice is given if sent on the Website when the message is sent to the Customer’s account (if any).

Any process or other document relating to litigation, administrative or arbitral proceedings in relation to these terms may be served by any method contemplated by this clause 19 or in accordance with any applicable law.

General

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

Roaming Horizons may subcontract part or all of the performance of its obligations under these Terms to any other person or party, without requiring the Customer’s consent.

The failure of Roaming Horizons to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by Roaming Horizons on this Website constitutes the entire agreement and understanding between the User and Roaming Horizons and govern the User’s use of the Website and participation in Tours, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written between the User and Roaming Horizons (including, but not limited to, any prior versions of these Terms).

If Roaming Horizons is prevented or delayed from performing any of its obligations under these Terms by a Force Majeure Event (Delayed Obligation) then Roaming Horizons:

is relieved of that obligation under these Terms to the extent and for the period that it is unable to perform such obligation; and

will not be liable for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.

If a Delayed Obligation occurs for 30 Business Days, Roaming Horizons may terminate these Terms by providing 5 Business Days written notice of termination.

• These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.

Any questions about these Terms should be sent to Roaming Horizons at explore@roaminghorizons.com.au.

Annexure A: Rules

Things to Carry (documents and Other)

You must carry the below listed documents for our Tours:

Passport with more than 6 months validity from the date of entry into each country on the Tour;

international motorcycle driving license;

Australian motorcycle driving license;

valid tourist visa (if applicable);

OCI for Indian origin travellers (if applicable);

travel insurance policy documents; and

AUD $ to exchange to INR for local spend (lunch, shopping etc.).

Destination specific ‘Must Know’ information

“Mountain” tours

When flying to Leh or other higher altitude locations, take the necessary actions to cope with sudden changes in altitude. You are advised not to roam around upon reaching the hotel on day 1. Keep your body hydrated. Avoid alcohol and smoking on the arrival day.

Keep necessary clothing essential with you for the Tour. Do not rely on shopping for the necessities on arrival in the local market.

If you have a pre-existing heart condition or lung issues, visit your doctor and discuss your travel plan beforehand. Bring the necessary medicine to the Tour.

General Pre-Tour Instructions

General

Customers are encouraged to have a clear mindset before joining a Tour. We are not conducting an ordinary tour, but an adventure tour – an expedition. Customers must be ready to accept the limited availability of resource and be happy with what is provided, be it food, accommodation or services. Contact Roaming Horizons if you have any questions.

If airport transfers are included in your Tour, please ensure your flight details are communicated to Roaming Horizons at least 30 days prior to departure.

Sleeping bags are generally not required at any tented accommodation, as the mattress and blankets shall be provided.

Keep raincoats and winter clothes ready for the Tour.

Roaming Horizons has full discretion to set all Prices and offer discounts (if any) to any Customer. No queries or objections will be entertained.

Customers should travel light and minimise luggage, as there is a limited luggage capacity on Tours. As a guide, the Customer’s main piece of luggage per person shall not be more than 20kg.

Given the nature of Tours, Roaming Horizons strongly recommends booking additional travel before and after the Tour as ‘buffer days’ should any delays be incurred.

Motorcycle specifics

Roaming Horizons recommend Customers carry their own riding gear and equipment. Roaming Horizons does not rent motorcycle apparel.

Customers are reminded about the adventure nature of the Tour. It is a motorcycle trip which requires Customers to adapt to the situations where Customers might be uncomfortable in often extreme situations – it may not be the cozy home environment, with only cold or freezing water for showers, travel may not as per the planned itinerary. There are a lot of things that may happen resulting from numerous reasons beyond Roaming Horizons’ control. “I am cool about it and I will enjoy the tour” should be the Customer’s spirit on the Tour. It is an adventure based Tour after all!

If a Customer (or the Tour group) decide to stop at any point other than the Tour’s destination, the cost of transportation of any Vehicles to the end destination shall be paid by the Customer.

Vehicles provided by Roaming Horizons are only insured for third party personal injury and are not insured for property or other damage which remain the Customer’s responsibility. Any damage to a Vehicle including parts while on Tour will be at the Customer’s cost. In case of normal wear and tear, i.e. clutch, brake or accelerator cable failure for example, the Customer is unlikely to be charged. The Customer shall be responsible and payable for any other damage, for example due to an accident or rash riding including the cost of components & labour (not limited to brake pads, clutch plates, lights, lamps or any structural deformation such as levers, handle bars, mudguards etc). In case of extensive damage or total loss, where the Vehicle cannot be repaired and must be replaced, this will be at the Customer’s cost.

Vehicles are prone to break down on harsh terrain encountered on Tour. Mechanics require time as per the mechanical failure and repairs may take a lot longer than expected. In case of unrepairable breakdown of a Vehicle, Customers will be required to travel in service vehicle to the nearest suitable town where Roaming Horizons will attempt to procure the necessary parts or provide a replacement Vehicle (at Roaming Horizon’s sole discretion).

If there are any issues between Manali & Leh Bike Rental Association, it is possible that Customers might not get a bike from Manali to Leh, or Leh to Manali depending on the itinerary of the Tour. In such a case, the Customer will travel in a 4-Wheeler and Roaming Horizons will not entertain any claims for lost days of bike ride and any cancellation of the Tour will result in no refund (subject to law).

SUV specifics

SUV may be provided if there are at least three travellers in the premium class on Tour, failing which you will need to join the support vehicle.

No guarantees are made with respect to the availability of any SUV or support vehicle travelling option. If you have any concerns, please contact Roaming Horizons.

Code of Conduct

Inappropriate behaviour towards any staff or travellers in any form (verbal or physical) shall not be tolerated. In any such case, the Customer’s tour will be terminated without any refund (subject to law) and the Customer may be reported to the local police for appropriate action.

Please enjoy responsibly while on the Tour without causing discomfort or inconvenience to fellow Customers. Nuisance shall be dealt with strictly and may attract termination of Tour.

Roaming Horizons do not guarantee all Customers will be placed in the same hotels or tents. The group will be divided between accommodation options as Roaming Horizons may deem fit.

Roaming Horizons will attempt to accommodate Customers’ dietary requirements, however no guarantees can be made in that regard given the nature of the Tour and locations travelled to. Customers with specific dietary requirements are recommended to make their own arrangements (such as bringing their own food sufficient for the duration of the Tour).

Roaming Horizons are not responsible for any accidents which occur, whether due to reckless behaviour or otherwise. Customers are fully liable and responsible for their own acts or omissions.

The Customer must strictly comply with these Rules and the Tour Manager. Roaming Horizons will not tolerate any negligent or irresponsible behaviour (including while driving or riding). Any behaviour which causes delay, non-completion, or poses harm to fellow Customers, shall result in immediate termination of the Customer’s Tour without refund (subject to law). Any decisions taken by Roaming Horizons and the Tour Manager will be final and non-negotiable.

Although Roaming Horizons will take reasonable care of the luggage, the Customer remains responsible for all belongings. Please take care particularly during loading & unloading of luggage in vehicles. Roaming Horizons is not responsible for any lost or misplaced luggage and will not transport any left behind luggage.

The Customer must take utmost care of their valuables (wallet, cash, jewellery or any other electronic gadgets) on the Tour. Roaming Horizons nor the Tour Manager are responsible for any theft or loss of any valuables.

The Tour only includes the cost of specified stays at the specified destination. If a Customer decides to leave the Tour and stay back or travel on their own, the cost of additional stay & transit shall be payable by the Customer themselves.

In the event of removal from the Tour due to breach of Rules or misconduct, the Customer shall not be entitled to any refund (subject to law) and shall bear all costs of return travel, including for any property or Vehicles.

Unusual Circumstances

Given the nature of adventure based tours such as the Tour, unusual and unpredictable situations can occur due to weather, political or societal issues or other events. In such situations:

the Tour Manager ‘is always right’ and the Customer must follow all directions of the Tour Manager at all times;

the Tour Manager reserves the right to amend, vary, shorten or extend the Tour for any reason without compensation or refunds (subject to law);

Roaming Horizons cannot control road conditions, weather, natural, or political forces. These can change in a moment, hence the Tour Manager will take reactive response for the safety and wellness of the group. Failure to comply may pose risks to lives of rest of the group and hence can attract an immediate termination of the Tour for the Customer without refund (subject to law);

there may be changes in the route and final program due to any unforeseen circumstances and no complaints will be entertained as safety of the group is paramount;

any additional cost of transportation/accommodation arising due to such extension shall be borne equally by all Customers on the Tour and payable on demand immediately and as required; and

Roaming Horizons shall not be responsible for missing flights, rescheduling costs or post-ride travel plan losses arising due to trip extension or cancellation. When it is unsafe to travel on motorcycle (whether due to a natural calamity or political turmoil or otherwise), arrangements of four wheelers will be made to the closest safe location. The expenses shall be paid equally by all Customers.

Risks

Customers acknowledge the risks associated with Tours, including but not limited to:

property damage;

theft;

bodies of water (dams, pools, water features);

fires;

falling trees;

electrical faults;

privacy issues for owner and guests; and

slipping and falls,

and to the extent permitted by law, Roaming Horizons has no liability for any such events suffered or incurred by Customers.