Terms and conditions

Before proceeding with your purchase, please read these Terms and Conditions carefully. You must not complete your purchase unless you agree with these Terms and Conditions.

COVID-19 Special Terms

OpenRoads Rally has adopted some special Terms and Conditions in light of the coronavirus (COVID-19) pandemic. These special terms are informed by a safety first approach so that events are COVID safe for all volunteers and mitigate risks of community transmission to the general public.

These special terms are set out below and operate to supplement the Terms and Conditions and the public health advisory issued by the Australian Government. If there is any inconsistency between the special terms and the other Terms and Conditions, the special terms apply to the extent of the inconsistency. Otherwise, all other Terms and Conditions continue in full force.

It is your duty to apprise yourself of recent public health advisory and protocol regarding COVID-19 issued by the Australian Government. In the event of any inconsistency between these COVID-19 Special Terms and the public health advisory and protocol issued by the Australian Government, the advisory and protocol issued by the Australian Government shall prevail. 

When you must stay at home

A. You must stay at home and must not attend the Venue or the event if you:

  • a. are required to self-isolate or quarantine (and the event falls within the isolation/quarantine period) due to:
    • i. being a confirmed case of COVID-19; or
    • ii. having close contact with a confirmed case of COVID-19; or
    • iii. living in or having been in a high risk area within Australia; or
    • iv. having returned from overseas.
  • b. have COVID-19 symptoms, have been tested for COVID-19 and are awaiting test results (and the event falls within the period of awaiting test results). The symptoms of COVID-19 include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell.

You must communicate these requirements to members of your booking party which apply to them as well.

Ticket Exchange or Refund in relation to COVID-19.

B. We are offering additional flexibility through our refund policy at this time, having regard to the uncertainties posed by COVID-19 and to encourage you and the members of your booking party to comply with the stay at home requirements in Clause A.

C. You will be entitled to a refund or exchange if you or a member of your booking party falls into any of these categories:

  • a. You or they are required to self-isolate or quarantine (and the event falls within the isolation/quarantine period) due to:
    • i. being a confirmed case of COVID-19; or
    • ii. having close contact with a confirmed case of COVID-19; or
    • iii. living in or having been in a high risk area within Australia; or
    • iv. having returned from overseas.
  • b. You or they have COVID-19 symptoms, have been tested for COVID-19 and are awaiting test results (and the event falls within the period of awaiting test results). The symptoms of COVID-19 include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell.

You must contact us as soon as possible if you or a member of your booking party falls into any of these categories.

COVID-19 safety when you attend our Venues and events

D. When you attend our Venues and events, you and each member of your booking party must comply with any COVID-19 safety protocols or requirements notified to you by OpenRoads Rally (including by way of signage at the Venue or by way of line markings on the floor). This includes complying with:

  • a. Hand hygiene requirements and the requirement to wear a face mask;
  • b. Physical distancing requirements (including physical spacing requirements while queuing);
  • c. Person limits for particular spaces and areas; or
  • d. Person density requirements.

You acknowledge that anyone not adhering to these requirements may be in breach of directions issued by the Chief Health Officer for which penalties may apply.

The most up to date COVID-19 Safety protocols can be found on our website – please check these on the day before arriving at the venue. It is your utmost duty to keep yourself apprised of the COVID-19 Safety protocols issued by us and by the government of the state where the event is being held. For example, volunteers attending an event in Victoria should comply with the Victorian Health Department’s protocol.  

E. You acknowledge that OpenRoads Rally may be required to collect contact tracing information from you and each member of your booking party when you and they attend the Venue. This includes the first name and phone number of each person who attends the Venue including children and babies. You must communicate this requirement to each member of your booking party before they attend the Venue.

F. You agree to provide us with any information we are required to collect for contact tracing purposes. The purpose of collecting this information is to assist any contact tracing in the event of an outbreak or potential exposure to someone with COVID-19 at the Venue. You acknowledge that we may disclose contact tracing information to health authorities or as otherwise required or authorised by law. You acknowledge that we may retain the information for 28 days (or such longer period as required by law), after which time it will be deleted or destroyed. While we hold the information, we will take all reasonable steps to keep your contact tracing information secure and free from unauthorised access or use. We will not be held liable for invasion of privacy for either sharing your information with the health authorities or for resorting to contact tracing if at all there is a need.    

G. Without limitation to clause 14 of the Terms and Conditions, you and your booking party may be refused entry or required to leave the Venue or event if you or they:

  • a. refuse to comply with any COVID-19 safety protocols or requirements notified to you by OpenRoads Rally;
  • b. refuse to comply with any reasonable health and safety directions given by Venue staff;
  • c. refuse to provide contact tracing information to OpenRoads Rally on request;
  • d. are exhibiting symptoms of COVID-19, as notified to or as assessed by Venue staff. These include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell;
  • e. have been tested for COVID-19 and are awaiting test results; or
  • f. are required to be in self-isolation/quarantine due to:
    • i. being a confirmed case of COVID-19; or
    • ii. having close contact with a confirmed case of COVID-19; or
    • iii. living in or having been in a high risk area within Australia; or
    • iv. having returned from overseas.

In these circumstances, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law).

H. We ask that you and each member of your booking party make a reasonable assessment of your health status before attending our Venue or the event. To avoid doubt, unless required by law you will not be entitled to a refund if you or a member of your booking party attends our Venue or event despite you exhibiting COVID-19 symptoms and if you or they are then refused entry or asked to leave the Venue or event.

I. You must notify OpenRoads Rally immediately if you or any member of your booking party develop any symptoms of COVID-19 within 14 days of attending a Venue. Please contact us immediately by calling 0457583106 or emailing info@openroadsrally.com. You might be held liable under the public health safety law if you intentionally fail to intimate us about your symptoms or suppress any information or details regarding your illness or COVID-19 status. 

1.Waiver & Indemnities

OpenRoads Travel will not be liable for or in respect of any proceeding, claim, loss, damage, cost, penalty or fine arising from any death or personal injury and/or property damage occurring or suffered at any time as a result of or in connection with your use of the motorcycle or attendance at, or participation in, the event whether caused or contributed to, directly or indirectly, by any act or omission (including negligence) on the part of OpenRoads Rally. So far as this clause operates to exclude conditions that would otherwise be implied in this agreement by the Australian Consumer Law and Fair Trading Act 2012 (Vic), the following particulars are applicable:

Except to the extent that the Australian Consumer Law and Fair Trading Act 2012 (Vic) applies such that liability cannot be excluded or limited, OpenRoads Rally will not be liable for or in respect of any proceeding, claim, loss, damage, cost, penalty or fine suffered, incurred or arising at any time by me or in my favour as a result of or in connection with my use of a motorcycle or attendance at, or participation in the Rally whether caused or contributed to, directly or indirectly, by any act or omission (including negligence) on the part of OpenRoads Rally

You agree to indemnify OpenRoads Rally and other entities whose names appear in schedule 1 to the extent permitted under the Australian Consumer Law and Fair Trading Act 2012 (Vic), or otherwise by law in respect of any proceedings, claims, losses, damages, injuries (including death), costs, penalties or fines arising as a result of or in connection with your use of a motorcycle or attendance at, or participation in the event whether caused or contributed to, directly or indirectly, by any act or omission (including negligence) on the part of OpenRoads Rally or another of the entities.

No ‘informal riding’ in parts of Private properties or State Forest other than on the loops or gazetted roads is permitted. Participants are required to show courtesy and restraint including no wheel spin or deliberate environmental damage.

2. Images, Photography and Press

On the course and throughout the event a professional photographer, press, and Rally photographers will be present and may capture your image. Participating in this event implies consent, and these people may use your image for marketing purposes or on social media. Please notify the individual taking the photograph if you do not wish for your imaged to be captured.

3. OpenRoads Travel – Rider Code:
Obey the laws & regulations on recreational vehicles. Observe restrictions on use of public land & do not go around locked gates.
Respect the environment. Stick to formed tracks, avoid sensitive areas like wetlands and vegetated dunes. Treat native wildlife with respect.

  • Be considerate of other bush users. Keep to the left-hand side of any track, & give way to horse riders. Ride sensibly past general recreational areas such as camping & picnic spots.
    Always ride a well-muffled & registered bike.
    Always carry a current driver’s licence, & do not ride in public areas with anyone who is unregistered or unlicensed.
    Keep the environment clean. Take out what you take in.

4. Registrations

Ultimately it will be your responsibility to be able to prove that your motorcycle is registered. Without proof of registration you will not be able to ride using that vehicle. You will not get a refund of your entry costs.

5. Safety Gear

Riders are expected to have suitable safety gear, including helmets compliant with Australian Standards. Body armour, gloves, full-length boots, riding pants, knee protection (soft or hard) and jackets should be worn. The rally organiser reserves the right to refuse entry to the loops to participants who are not wearing suitable protective riding gear.

6. Broken bikes and gear

While the Rally organisers will try to assist the recovery of broken or malfunctioning bikes, for safety reasons it may not be possible while the loops are open for riding. At no stage should any vehicle based ‘self-recovery’ action be taken without authorisation from the Rally organisers. Please wait for a sweep rider or an official for advice and assistance.

7. Speed limits

The maximum speed limit throughout all forests is 40km/h. In and around the start and finishing points the speed limit is walking pace (5km/h). The organisers may also declare reduced speed limits and/or “Quiet Zones” for some short segments of the loops/rides (e.g. for safety or environmental reasons.)

8. Police

OpenRoads Rally promotes safe and legal riding. Police have the right to enter the forest and conduct police/traffic operations without notice. All event participants must observe all applicable laws.

9. Caring for other ride participants

Along with abiding by the speed limit, we need to reiterate that this is not a competition or race. The loops are long and may be tiring, so hydration and food breaks are recommended. If you are having a break, pull well off the marked track. If you are delayed on the trail please be aware of the other riders that are around you. If you approach a slower rider, please be patient and pass only when safe to do so. A short honk of your horn can be used to let riders know you are behind them. Slower riders should try to give way when it is safe to do so. However, the overtaking rider bears full responsibility to overtake safely and must be aware that slower riders have the right to choose their own line.

10. Lost Property

Any items of lost property should be handed in to the staff at the Registration Tent ASAP.

11. Riders Briefing

A riders briefing will be held on Friday night. This will include important information about navigating and specific information for the OpenRoads Challenge. If you cannot attend these briefings please inform the volunteers at the registration tent.

12. Amendments to terms and conditions

12.1 OpenRoads Rally may update, replace or vary these Terms and Conditions at any time. Changes will be made effective by posting them on www.openroadsrally.com. It is your duty to keep yourself apprised about the recent version of our Terms and Conditions.  

12.2 By making a purchase through OpenRoads Rally or an authorised sales channel, you agree to be bound by the Terms and Conditions that apply at the time of purchase.

13. Pricing and Payment

13.1 All prices are quoted in Australian dollars and are exclusive of GST.

13.2 Tickets advertised at a particular price will be available at that price for a reasonable period of time and in reasonable quantities.

13.3 Prices are subject to change without notice.

13.4 A service charge may apply to each purchase and you will be notified of the applicable fee prior to purchase.

13.5 You warrant that you have the authority to make payment for your purchase and that you own/hold or have express permission of the owner/holder of the credit card or other payment facility used to make the purchase.

13.6 If the amount paid by you for your purchase is incorrect for any reason (including ticket price and fee amount where the error was due to an error in a price posted on OpenRoads Rally website or otherwise communicated to you or human error or technical malfunction), OpenRoads Rally may cancel the order or the purchase and refund you the amount paid. Where the purchase was a ticket, OpenRoads Rally may offer you a replacement ticket to you at the correct price.

14. Conditions of Entry

14.1 Attendance at the event and the right of admission is reserved by OpenRoads Rally.

14.2 By attending an event, you agree to OpenRoads Rally conditions of entry.

14.3 You may be refused entry or required to leave the Venue or event for any valid reason, including:

    • (a) Where you cannot produce a ticket for the event.
    • (b) Where you produce a ticket that has been handled or dealt with in a way that is contrary to these Terms and Conditions.
    • (c) Where you produce a ticket that is identified by OpenRoads Rally as having been sold by an unauthorised seller.
    • (d) Where you refuse to remain in the areas designated on arrival at the venue for camping or riding
    • (e) Where you have in your possession and/or refuse to surrender to the OpenRoads Rally any prohibited object or article including but not limited to dangerous items.
    • (f) Where you behave in a manner which causes or may cause property damage or that threatens or may threaten the safety of performers, other people, including as a result of intoxication.
    • (g) Where you behave in a manner that unreasonably interferes with other people’s enjoyment of the event.
    • (h) Where you are unwell or intoxicated.
    • (i) Where OpenRoads Rally considers that there may be a health and safety risk to yourself or to others in your attendance at the Venue or the event, including as a result of illness, personal hygiene, your support needs or other relevant factors. Where you have support needs to attend the Venue or the event, we encourage you to contact us in advance of the event, so we can discuss these with you.
    • (j) Where you otherwise breach these Terms and Conditions or fail to follow the reasonable directions of OpenRoads Rally staff.

14.4 In these circumstances, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law).

15. Event Changes and Information

15.1 Particulars of an event may be changed without prior notice. Activities and presenters may be added, withdrawn or substituted. Wherever possible, OpenRoads Rally will advise consumers of event changes prior to the commencement of the event, or at the event where prior notice is not possible.

15.2 In any of the circumstances set out above, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law).

16. Exchanges and Refunds – Ticketed Events

16.1 You will be entitled to a ticketing refund minus booking and service fees as required by law (including the Australian Consumer Law) or as set out below.

16.2 Provided that you purchased your ticket through the OpenRoads Rally or from an authorised sales channel, you will be entitled to a refund where:

    • (a) The event is cancelled.
    • (b) The event is rescheduled and you cannot or do not wish to attend the rescheduled event.
    • (c) The event is significantly relocated, and the nature of the experience and/or geographic location of the event is fundamentally altered by the relocation. You must apply for a refund within five (5) working days of the announcement of the relocation in order to obtain a refund.
    • (d) An event is cancelled due to unforeseen circumstances that arise during the event, leaving the event uncompleted. (Note however that if a substantial proportion of the event is completed then, depending on the circumstances, OpenRoads Rally may determine that a refund or exchange is not warranted in which case a refund or exchange right will not apply.
    • (e) You are unable to attend due to injury, illness, illness of any person accompanying you to the event, or other person for whom you need to care; transport failure or delay
    • (f) For any other reason, provided you apply for a refund within the specified time period as set out below:
      –  More than 60 days prior to the event date for a full refund minus a booking fee
      – Between 21 – 60 days prior to the event date for a 50% refund minus a booking fee

16.3 You will not be entitled to a refund or exchange in the following circumstances:

      • (a) Your ticket was free or complimentary.
      • (b) You did not enjoy the event
      • (c) You choose not to attend the event.
      • (d) You arrive late to an event and are refused entry on the grounds that latecomers will not be admitted
      • (e) You have been refused entry to or evicted from the event or Venue.
      • (f) The advertised ticket price is changed in response to varying levels of consumer demand.
      • (g) Tickets are lost or stolen.
      • (h) You apply for a refund with less than 21 days prior to the event

16.4 Refunds will be paid to the original ticket purchaser. Proof of identity and and/or proof of purchase (including the original ticket) may be requested.

16.5 Refunds will be processed using the original method of payment.

16.6 Refunds may not necessarily be available at the time the refund is requested.

16.7 Refunds will be limited to the face value of the ticket plus any service charges applied to the specific ticket purchase.

16.8 Unless required by law, OpenRoads Rally will not reimburse you for auxiliary expenses incurred in connection with your attendance or non-attendance at an event, including a cancelled, rescheduled or relocated event. Auxiliary expenses include, but are not limited to, the cost of travel, meals, car-parking, child-care and accommodation. You may wish to take out ticket and/or travel insurance for those expenses.

17. Children and Minors

17.1 Children who have not yet turned five years old will be admitted into the event at no cost and without a ticket.

17.2 Children under 15 years of age must be accompanied by an adult at all times. Proof of age may be required by the Venue.

17.3 Children above the age of five must purchase a camping or accomodation pass to stay on-site.

18. Merchandise and other products

18.1 Merchandise and other products (including food and beverage products) will not be refunded or exchanged except as required by law (including the Australian Consumer Law).

19. Promotions and Competitions

19.1 If you received your ticket or other product as a prize, gift, donation or otherwise at no cost, these Terms and Conditions and the terms and conditions of the relevant promotion or competition apply to your use of the ticket.

20. Privacy

20.1 You may be asked to provide personal information (including email address, postal address and other contact information) when making a purchase. Please ensure that you provide current, complete, and accurate information. If you do not provide personal information when requested, we may not be able to fulfil your order and may not be able to contact you to give you information about the event or to advise you of changes to the event including cancellation

21. Voluntary Assumption of Risk

21.1 You enter the Venue at your own risk.

21.2 You understand that attendance at OpenRoads Rally may carry with it certain dangers, including the risk of injury and damage to you or your property.

21.3 By attending the event and/or the Venue, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Venue. This includes damage or loss caused by the acts or omissions of other ticket holders, visitors, guests, and the employees and agents of OpenRoads Rally.

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