Destination Yamaha Motor Terms and Conditions

Please take the time to read and understand the booking conditions below before booking. 

The terms of these Destination Yamaha Motor Terms and Conditions apply to your Package and form part of your contract with Yamaha Motor Australia, governed by the laws of New South Wales, Australia.
Before you book, we strongly recommend that you read the Essential Package Information to ensure that you understand the itinerary, style and physical demands of the Package you are undertaking.

Australia Booking Condition

Please take the time to read and understand the Destination Yamaha Motor Terms and Conditions set out below prior to booking a Package with us. 

 1. Our contract
In completing and submitting the booking form for the Package, you agree to enter into a contract with us, which comprises these Destination Yamaha Motor Terms and Conditions and the Booking Confirmation. The services to be provided by Yamaha Motor Australia are referred to in the Booking Confirmation.

2. Validity
Dates and itineraries are current at the date of viewing and may be subject to change prior to the Commencement Date of your Package. 

 3. Reservation and Payment – Deposit requirement
(a) Payment for your Package is due and payable to Yamaha Motor Australia per the following:

         (i) For Packages with a value of up to $4,000 per person, payment to Yamaha Motor Australia is due and payable in full no later than ninety (90) days prior to the Commencement Date of your Package; and
        (ii) For Packages with a value over $4,000 per person, a deposit of $1,000 per person is due and payable to Yamaha Motor Australia at the time of booking with payment of the remaining balance to be made no later than ninety (90) days prior to the Commencement Date of your Package. Your booking will take effect once your $1,000 deposit payment has cleared;
       (iii) If you book less than ninety (90) days prior to the Commencement Date of your Package, full payment will be required immediately upon reservation.

(b) Places and Equipment models are limited.

(c) Yamaha Motor Australia reserves the right to refuse to accept a booking due to, but not limited by, the Participant’s health & fitness level and/or experience and skill level needed to operate the Equipment as required for the Package. Should this occur payments made will be refunded in full.

(d) The full balance is due and payable ninety (90) days prior to the Commencement Date of the Package. Your booking may be considered cancelled should the full balance not be received by Yamaha Motor Australia by that time.

4. Acceptance of booking and final payments
If we accept your booking, we will issue a Booking Confirmation. 
A contract will exist between us from the date we issue the Booking Confirmation, or if you book within 90 days of the Commencement Date, the contract will exist when we accept your payment. 
Please refer to your Booking Confirmation for details regarding final payments. 

5. Prices & surcharges
(a) Our Package prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our Package prices may vary at any time in accordance with demand, market conditions and availability. 

(b) Any reduced pricing or discounts that may become available after you have paid your deposit will not apply and if you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. 

(c) The most up to date pricing is available on our website www.destination-yamaha-motor.com.au. Prices are based on currency exchange rates as at the date of booking. Please note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to 30 days before the Commencement Date due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 5% of the Package price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the Package price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. 

(d) Please note no cash payments will be accepted. Please contact us if you wish to pay by direct deposit to Yamaha Motor Australia.

(e) A surcharge may be applied to payments made by credit card.

6. Your details
In order for us to confirm your Package arrangements, you must provide all requested details with the payment of the balance of the Package price. Necessary details vary by Package; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your Package arrangements. Failure to provide requested details may result in additional charges or non-refundable cancellation of your Package.

7. Cancellation by you: 
(a) If you wish to cancel your participation in the Package, you must notify Yamaha Motor Australia in writing at destination.yamaha@yamaha-motor.com.au .
Fees and extra charges will apply where a booking is changed or cancelled by you. These charges can be up to 100% of the cost of the booking, regardless of whether or not the Package has commenced in accordance with the following:

     (i) If you notify Yamaha Motor Australia at least 60 days prior to the Commencement Date that you desire to cancel your participation, then any amounts or deposit you have paid will be refunded in full, minus any non-refundable merchant fees we may have incurred; If you notify Yamaha Motor Australia between 45-59 days (inclusive) prior to the Commencement Date that you desire to cancel your participation, then you will be charged a cancellation fee equal to 25% of the Package price, with any surplus fund paid to be refunded to you, minus any non-refundable merchant fees we may have incurred; 

    (ii) If you notify Yamaha Motor Australia between 0-44 days (inclusive) prior to the Commencement Date that you desire to cancel your participation, then you will be charged a cancellation fee equal to 100% of the Package price, along with any non-refundable merchant fees we may have incurred; and.

    (iii) Other fees may apply as per the Destination Yamaha Motor Terms and Conditions.

(b) Where we incur any liability for a cancellation fee or charge for any booking which you cancel or change, you agree to indemnify us for the amount of that fee or charge. You may be liable for cancellation fees charged by airlines, hotels, sight-seeing, shipping, transfer services, vehicle hire services, and the like, amounting to all or a portion of monies paid.

(c) If changes are made by you in relation to your passport, driver’s license (including International Drivers Permit) and any other travel documents have been issued for a booking, Yamaha Motor Australia will pass on to you any re¬issue charges levied by ground suppliers. It is your responsibility to ensure that Yamaha Motor Australia has all your correct documentation at least ninety (90) days prior to the Commencement Date.

(d) No refund whatsoever is available for a cancellation after the Commencement Date of the Package, or in respect of any itinerary item, fares, accommodation or any other service not utilised.

(e) If you fail to join a Package, join it after departure, or leave prior to its completion, for any reason whatsoever, including illness, accident or personal reasons, no refund will be made nor will Yamaha Motor Australia be liable to pay you any compensation for unused services or items, including, but not limited to accommodation and excursions. 

(f) Yamaha Motor Australia is not responsible for any incidental expenses that you may incur as a result of your late arrival or early departure, including, but not limited to, additional accommodation, airfares or any costs whatsoever associated with you re-joining the group.

Note that different cancellation conditions including higher charges apply to some styles of Packages. Details can be found in the Essential Package Information relating to your Package. 
You are strongly advised to take out cancellation insurance at the time of booking. If you leave a Package for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a Package, join it after the Commencement Date, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees.

8. Cancellation by us
We may cancel the Package at any time prior to departure if:

(a) The number of Participants booked does not meet the minimum requirement to operate the Package.

(b) Due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary.
If we cancel your Package, and we are unable to transfer you to another Package to your satisfaction, your payment will be refunded in full. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including, but not limited to, visas, vaccinations, travel insurance excess or non¬-refundable flights.

9. Booking amendments
If you wish to transfer from one Package to another or transfer your booking to a third party, you must notify us at least 35 days prior to the Commencement Date of the Package. A fee of $250 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 35 days prior to the Commencement Date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the Package, and transfers to another departure can only be made to a departure within the current validity period.

Amendments to any other arrangements made in conjunction with your Package will incur an $130 administration fee per booking per change. This fee is in addition to any charges levied by hotels or ground operators. We will use reasonable endeavours to accommodate requests to amend your booking within 30 days prior to the Commencement Date, however we cannot guarantee that amendment requests will be accepted.

10. Package Inclusions
Yamaha Motor Australia only arranges the land component of the Package. You acknowledge Yamaha Motor Australia is not responsible for and does not arrange your flights or travel to and from the Package, unless specifically stated in the Essential Package Information.
The land price of your Package includes:

  • any accommodation listed in the Essential Package Information;
  • any transport and transfers listed in the Essential Package Information;
  • any sightseeing and meals listed in the Essential Package Information;
  • if applicable, use of a Yamaha motorcycle, Yamaha marine craft and/or other Yamaha product for the Package, as detailed in the Essential Package Information; and
  • the services of a Package group leader as described in the Essential Trip Information.

11. Exclusions
The land price of your Package does not include, and Yamaha Motor Australia does not supply or arrange:

  • international or internal flights unless specified;
  • travel to and from the start destination and end destination for the Package, unless otherwise specified in the Essential Package Information; 
  • airport transfers, taxes and excess baggage charges unless specified;
  • meals other than those specified in the Essential Trip Information;
  • Visa and passport fees;
  • travel insurance; andoptional activities and all personal expenses.
12. Age & Health requirements
Age
A minimum age of 18 applies to all Participants on our Packages. For the majority of our Packages, we have no upper age limit though we remind you that our Packages can be physically demanding, and Participants must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination and the Package activities.
 

Health and Fitness
You are responsible for ensuring that you are fit and healthy enough to participate in your selected Package and to disclose any relevant medical conditions at the time of booking.

(a) We reserve the right to insist on a medical certificate from your doctor stating that you have a suitable level of health and fitness.

(b) You must ensure that you are aware of any health requirements for your travel and ensure that you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel vaccination clinic.

(c) You agree that should you be affected by any sickness, serious injury or other unforeseen circumstances that Yamaha Motor Australia, and/or our tour leaders, can arrange any urgent medical treatment or emergency evacuation as deemed necessary for your safety and that all such costs will be borne by you and your travel insurer.

13. Passport and visas
You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries you will visit during your Package. Your passport must be valid for 6 months beyond the duration of the Package. Yamaha Motor Australia accepts no responsibility for these matters or for refusal of entry into the country/countries of your destination. Any loss incurred as a result of such documents not meeting the requirements will be your sole responsibility. 

14. Travel insurance
Travel insurance is compulsory for all Participants participating on a Yamaha Motor Australia Package and should be taken out at the time of booking. Yamaha Motor Australia may request proof of travel insurance prior to the Commencement Date of your Package.

(a) Yamaha Motor Australia reserves the right to cancel or suspend your participation on a Package, at any time, with no right of refund, if you are unable to provide proof of travel insurance when requested.

(b) The travel insurance must be comprehensive and must cover accidents, injury, illness and death, medical and hospital expenses, including any related pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. The travel insurance cannot contain exclusions for the activities contemplated in the Package.

(c) The travel insurance must cover riders and pillions for accidents, injury and death whilst riding a motorcycle over and above 125cc capacity in foreign countries.

(d) It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property.

You agree not to hold Yamaha Motor Australia responsible for any decision made by your travel insurer.

You must provide your travel insurance policy number and the insurance company's 24-hour emergency contact number prior to the first day of your Package; you will not be able to join the Package without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.

15. Flexibility
You appreciate and acknowledge that the nature of the Packages requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. The Package group leader has the right to make decisions during the Package to deal with any circumstances or situations which arise during the Package.

16. Change of itinerary
You acknowledge that participating on a Package offered by Yamaha Motor Australia requires a degree of flexibility and an understanding that the itinerary, accommodation and vehicles may change even after commencement, without prior notice due to local circumstances. Changes may occur because of force majeure, poor road conditions, weather, vehicle breakdowns or other circumstances beyond Yamaha Motor Australia’s control or which simply cannot be foreseen.

(a) While we endeavour to operate all Packages as described we reserve the right to change the Package itinerary. Please refer to our website www.destination-yamaha-motor.com.au  before departure for the most recent updates to your itinerary. Yamaha Motor Australia reserves the right to change any part, or the whole, of the arrangements contained within the website and Package, should conditions or circumstances beyond our reasonable control determine such action necessary. In such cases, we will use our reasonable endeavours to provide alternatives of the same standard, quality and duration as the original itinerary. You will have the right to cancel your Package, in which case the cancellation fees outlined in these Destination Yamaha Motor Terms and Conditions will apply.

(b) Yamaha Motor Australia does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Yamaha Motor Australia’s control. Yamaha Motor Australia is not responsible for any incidental expenses that you may incur as a result of changes made by us, including, but not limited to, additional accommodation, airfares or costs associated with changes to airfares.

17. Authority on tour 
The trip is run by the Package group/ride leader, including guest leaders when applicable.

(a) The decisions of the Package group leader will be final on all matters regarding safety and wellbeing of the Participant including the riding abilities of the participant and any change in itinerary due to unforeseen circumstances such as weather, local conditions, politics or various other reasons. No refund will be considered in the event of any such changes.

(b) The Package group leader retains the right to remove a Participant from the Package. If the Participant fails to comply with the decision made by the Package group leader or interferes with the wellbeing of the group in any material way, the Package group leader may order the Participant to leave the Package immediately. In those circumstances the Participant will receive no right of refund. Furthermore, in circumstances where the Participant is removed from the Package, Yamaha Motor Australia accepts no responsibility for the ongoing travel expenses, or any other incidental costs incurred by the Participant. 

18. Acceptance of risk
You acknowledge that the nature of the Package is adventurous, and participation involves a degree of personal risk. You acknowledge your Package will have the usual risks of travel, and the additional risks that are associated with adventure travel and motorcycling. You accept these risks and the possibility of personal injury, death, property damage or loss which may result from your decision to participate in the Package.

(a) You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater that those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate.
However, it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary.

(b) Motorcycling can be dangerous and traffic conditions, roads, weather and other conditions in the countries you will be travelling, as well as the actions of other members of the Package can influence those risks.

(c) You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risk attendant upon such travel.
You will be required to sign a Release and Waiver Form before you can participate in a Yamaha Motor Australia Package. A copy of the Release and Waiver can be found at www.destination-yamaha-motor.com.au

19. Limitation of liability
To the fullest extent permitted by Law, Yamaha Motor Australia excludes all liability for any loss or damage whatsoever (including, but not limited, to loss or damage to property of whatsoever nature, physical and psychological injury, economic loss, disappointment or inconvenience) that may arise in any way in connection with the supply of goods or services through or by Yamaha Motor Australia or by any third party supplier.

(a) You acknowledge Yamaha Motor Australia contracts with third party suppliers to assist with the provision of the services and activities in the Package. Yamaha Motor Australia does not accept any responsibility or liability for any acts, omissions or defaults of third-party service providers such as airlines, hotels, tour operators, site seeing, shipping, transfer, vehicle hire services and the like, whether negligent or otherwise over whom we have no direct control.

(b) Yamaha Motor Australia will not be liable to pay the Participant any compensation if the contractual obligations detailed in these terms and conditions are affected by any event which we or our suppliers could not, even with all due care and attention, foresee or avoid. These events can include, but are not limited to acts of war, threats of war, civil unrest, terrorist activity, riot, acts of government or other national or state authorities including port or river authorities, industrial disputes, border closures, natural or nuclear disasters, fire, chemical disasters, adverse weather conditions, sea, ice or river conditions or any similar events outside of our or our suppliers control. We further advise that advice issued from the Participant’s Foreign Office or any other Foreign Office to avoid or leave a particular country may constitute a relevant event under this clause.

(c) Yamaha Motor Australia is not responsible for Participant’s personal effects if they are lost, stolen or destroyed. Yamaha Motor Australia cannot be held liable for any such loss irrespective if personal items are being carried on the Yamaha Motor Australia support vehicle/bike or lost during a shipment organised by Yamaha Motor Australia.

(d) Yamaha Motor Australia is not responsible for any accidents. It is agreed and understood that neither Yamaha Motor Australia nor its agents, employees and sub¬contractors, including Package group or ride leaders and support vehicle drivers, are the guardians of any customer safety and that they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the tour which might result in injury, death or other damage to the customer, his property or his family heirs or assigns.

(e) To the extent Yamaha Motor Australia’s liability cannot be excluded, then such liability is limited to (in the discretion of Yamaha Motor Australia), the provision of a similar Package of equivalent price or a refund of the total amount paid by the Participant to Yamaha Motor Australia in connection with the Package.

 20. Motorcycle supply
Any motorcycles provided by Yamaha Motor Australia and/or its agents or third-party suppliers are provided at the Participant’s request. The cost of which is additional and not included in the Package price unless otherwise agreed by Yamaha Motor Australia. You acknowledge that the motorcycles supplied will be Yamaha motorcycles, unless specifically stated otherwise in the Essential Package Information.

(a) Yamaha Motor Australia will attempt to provide the Participant with the model of Yamaha motorcycle confirmed to the Participant. If after having confirmed the model of Yamaha motorcycle requested and prior to the start of the Package, Yamaha Motor Australia finds that it is necessary to substitute a different Yamaha model, Yamaha Motor Australia will notify you as soon as possible. A refund for the difference in models, if any, will be refunded to you. If you do not wish to accept the proposed substitution you will have the right to cancel your Package, in which case cancellation fees as outlined in the Destination Yamaha Motor Terms and Conditions will apply.

(b) Unexpected and uncontrollable situations may require last minute substitution of a motorcycle including after the Package has begun. This may include, but is not limited, to mechanical failure, collision, damage and theft. In this circumstance Yamaha Motor Australia reserves the right to substitute the type of motorcycle confirmed. Should Yamaha Motor Australia not be able to replace a motorcycle with the confirmed type or similar a prorated refund for the difference in models, if any, will be refunded to the Participant.

(c) The motorcycle that Yamaha Motor Australia provides to the Participant will be insured, but you will be liable for any damage excess as imposed by the motorcycle supplier for any damage to the motorcycle deemed by Yamaha Motor Australia and/or our third-party supplier to have been your responsibility. The term ‘damage’ is to exclude reasonable wear and tear. Minor blemishes or paint chips caused by gravel, stones and insects are considered normal wear and tear however damage or scratches caused by an accident, dropping a motorcycle or riding it through bushes or off roadways is not considered normal wear and tear.  

(d) Some suppliers will offer the Participant the opportunity to limit their exposure to the initial damage excess through the purchase of an Excess Reduction Policy (ERP) or similar type of policy. This policy operates to reduce the excess you are exposed to by payment of a daily fee for the duration of the Package. You may exercise this option at the time of booking and prior to the start of the Package. Once the Package commences you will be unable to exercise this ERP option. You acknowledge that any ERP is not offered by Yamaha Motor Australia and you are responsible for dealing with the ERP supplier in respect of any payments or claims under the ERP.

(e) The Participant is solely responsible for the ignition keys during the normal course of a riding day. Should they be lost or stolen due to neglect or failure to follow the Package group leaders’ instructions the Participant is responsible for the cost of replacement.

21. Riding your own Yamaha motorcycle
On some tours or expeditions within Australia or New Zealand we may offer you the option to ‘bring your own’ Yamaha motorcycle. You are responsible for ensuring that your Yamaha motorcycle is registered in the country in which the Package is being conducted (being Australia for Australian Packages and New Zealand for New Zealand Packages), insured, suitable and roadworthy enough to take part in your selected Package.

(a) Yamaha Motor Australia reserves the right to refuse to accept the involvement of a Yamaha motorcycle due to the unsuitability of the model for the terrain to be travelled and/or the lack roadworthiness of the motorcycle. This decision can be made at any time prior to the first ride day of the Package and is final.

(b) You must provide Yamaha Motor Australia with evidence of the Australian or New Zealand certificate of registration as applicable for the motorcycle and insurance policy details if requested.

(c) In the event of an accident or breakdown, where the motorcycle can no longer continue on the Package, no refund will be made nor will Yamaha Motor Australia be liable to pay you any compensation for unused services or items, including, but not limited to bike spare parts, tyres, accommodation, excursions, airport transfers and airfares.

(d) Where shipping your motorcycle is included in the Package price, this shipping will be to the advertised start and from the advertised end point only. If you or your Yamaha motorcycle is unable to finish the Package for any reason whatsoever, including, but not limited to, illness, accident, bike breakdown or personal reasons, then the cost of repatriating your bike or transporting to the end point will be your responsibility.

(e) Yamaha Motor Australia is under no obligation to carry a tour Participant’s motorcycle to the tour end point destination.

(f) Yamaha Motor Australia does not accept any responsibility or liability for any acts, omissions or defaults of any shipping company which we contract to transport your motorcycle, whether negligent or otherwise over which we have no direct control.

     (i) Yamaha Motor Australia will not be liable, and no compensation will be made for any damage or loss caused to the motorcycle, motorcycle parts, or any other items shipped with your motorcycle, during the shipping or port to port transit.

    (ii) No refund will be paid nor will Yamaha Motor Australia be liable to pay you any compensation for unused services or items, including, but not limited to accommodation, airport transfers and internal flights due to the late arrival of your motorcycle to the tour starting point.

   (iii) Yamaha Motor Australia is not responsible for any incidental expenses that you may incur as a result of the late arrival of your motorcycle, including, but not limited to, additional accommodation, airfares or any costs associated with you re-joining the group.

22. Your responsibilities as a motorcyclist
As a rider on a Yamaha Motor Australia Package you agree to follow the safety guidelines prescribed by Yamaha Motor Australia and our Package ride leaders and accept the following standards and terms.

(a) If a Participant operates a motorcycle after drinking an alcoholic beverage or using mind altering drugs the rider will incur unlimited liability for damage to the motorcycle. Yamaha Motor Australia is not obliged to replace a motorcycle damaged by a Participant in these circumstances.

(b) Participants who intend to operate a motorcycle provided by Yamaha Motor Australia must have a valid full motorcycle operator licence (i.e no learners or provisional licences) for the destinations listed in the Package. Participants must also attest that they have at least 3 years of experience operating a motorcycle of similar size or larger than the motorcycle that will be provided by Yamaha Motor Australia. Participants must provide a legible copy of their motorcycle licence prior to the start of the Package.

(c) If the Participant does not comply with local traffic laws or does not practice safe group travel practices as described by the Package ride leader and by guidelines provided by Yamaha Motor Australia and the supplier of the motorcycles the agreement with the rider may be cancelled and riding privileges will be suspended.

(d) Riding privileges will be suspended from anyone under the influence of drugs or alcohol. Participants agree to refrain from alcoholic beverages until the motorcycles have been parked for the night.

23. Supply of other Yamaha Equipment

(a) Any non-motorcycle Equipment provided by Yamaha Motor Australia and/or its agents or third-party suppliers are provided to be used as part of the Package. The cost of which is included in the Package price unless otherwise stated by Yamaha Motor Australia in the Essential Trip Information. You acknowledge that the any Equipment supplied will be Yamaha branded, unless specifically stated otherwise in the Essential Package Information.

(b) Unexpected and uncontrollable situations may require last minute substitution of any equipment or products including after the Package has begun. This may include, but is not limited, to mechanical failure, collision, damage and theft. In this circumstance Yamaha Motor Australia reserves the right to substitute the type of Equipment to be used. Should Yamaha Motor Australia not be able to replace any Equipment with the original type or similar, a prorated refund for the difference in models, if any, will be refunded to the Participant.

(c) Any Equipment provided to the Participant will be insured, but you will be liable for any damage excess as imposed by the supplier for any damage to the Equipment deemed by Yamaha Motor Australia and/or our third-party supplier to have been your responsibility. The term ‘damage’ is to exclude reasonable wear and tear. Minor blemishes or paint chips caused by gravel, stones and insects are considered normal wear and tear however damage or scratches caused by an accident, dropping or operation outside the intended use of the relevant Equipment is not considered normal wear and tear.  

(d) Some suppliers will offer the Participant the opportunity to limit their exposure to the initial damage excess through the purchase of an Excess Reduction Policy (ERP) or similar type of policy. This policy operates to reduce the excess you are exposed to by payment of a daily fee for the duration of the Package. You may exercise this option at the time of booking and prior to the Commencement Date of the Package. Once the Package commences you will be unable to exercise this ERP option. You acknowledge that any ERP is not offered by Yamaha Motor Australia and you are responsible for dealing with the ERP supplier in respect of any payments or claims under the ERP.

(e) The Participant is solely responsible for any ignition keys during the normal course of a Package day. Should they be lost or stolen due to neglect or failure to follow the Package group leaders’ instructions, the Participant is responsible for the cost of replacement.

24. Your responsibilities as a Participant
As a Participant on a Yamaha Motor Australia Package you agree to follow the safety guidelines prescribed by Yamaha Motor Australia and our Package leaders and accept the following standards and terms:

(a) If a Participant operates any Yamaha Equipment or product after drinking an alcoholic beverage or using mind-altering drugs, the Participant will incur unlimited liability for damage to the Equipment. Yamaha Motor Australia is not obliged to replace any Equipment damaged by a Participant in these circumstances.
 
(b) Participants who intend to operate Equipment provided by Yamaha Motor Australia must have a valid full operator licence (if applicable) for the destinations listed in the Package. Participants must also attest that they have sufficient experience operating Equipment of similar size and nature to the Equipment that will be provided by Yamaha Motor Australia. Participants must provide a legible copy of their relevant licence (if required) prior to the start of the Package.
 
(c) If the Participant does not comply with local laws or does not practice safe group travel practices as described by the Package leader and by guidelines provided by Yamaha Motor Australia and the supplier of the Equipment, the agreement with the Participant may be cancelled and operation privileges will be suspended.
 
(d) Operation privileges will be suspended from anyone under the influence of drugs or alcohol. Participants agree to refrain from alcoholic beverages until the Equipment has been parked or packed away for the night.
 
25. Optional activities
Optional activities not included in the Package price do not form part of the Package or this contract. You accept that any assistance given by your Package group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
26. Claims & complaints
If you have a complaint about your Package please inform your Package group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us at destination.yamaha@yamaha-motor.com.au  within 30 days after the end of the Package.

27. Severability

In the event that any term or condition contained in these Destination Yamaha Motor Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

28. Amendments

Yamaha Motor Australia may at any time and, in its absolute discretion modify or amend the Destination Yamaha Motor Terms and Conditions upon which goods or services are supplied to you including these terms of use and such modifications will be binding upon once displayed on the Yamaha Motor Australia website www.destination-yamaha-motor.com.au You should regularly check the terms and conditions displayed on this website.
 
29. Image and likeness
You grant Yamaha Motor Australia the right to take photographs and videos of you in connection to your participations on a Package. You authorise Yamaha Motor Australia to copyright, use and publish your image and likeness in print and/or electronically for marketing purposes and the like. 
30. Privacy policy
In order to be able to supply services to you, Yamaha Motor Australia will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to our service providers to enable the services to be provided but will not be used for any other purpose. We will collect, use and disclose your personal information in accordance with our privacy policy. Our privacy policy can be viewed at  https://www.yamaha-motor.com.au/privacy/policies/yamaha-motor-australia-privacy-policy or you can request a hard copy from destination.yamaha@yamaha-motor.com.au.

31. Governing law and jurisdiction

If any dispute arises in relation to the agreement between you and Yamaha Motor Australia, the laws of New South Wales, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and waive any right that you may have to object to an action being brought in those courts.
 
32. Yamaha Motor Australia Contact Details

www.destination-yamaha-motor.com.au
Email: destination.yamaha@yamaha-motor.com.au
Tel: +61 (0) 2 9827 7500

33. Key terms
(a) Unless otherwise stated in these Destination Yamaha Motor Terms and Conditions, the following meanings apply to the key terms below:

Booking Confirmation means the confirmation forwarded to you at the time of acceptance of your Package booking, which forms part of your contract with Yamaha Motor Australia.

Commencement Date means the date on which your Package is scheduled to begin, as detailed in the Essential Package Information.
 
Destination Yamaha Motor Terms and Conditions means this document.
 
End Date means the date on which your Package is scheduled to conclude, as detailed in the Essential Package Information.
 
Equipment means any equipment or product, supplied to Participants by Yamaha Motor Australia or third-party suppliers for use as part of your Package.
 
Essential Package Information means the information regarding matters such as the itinerary, destination requirements, visas, climate, Equipment requirements, skill levels and physical demands of the Package you are undertaking.
 
Foreign Office means the relevant government office of the Participant’s country of origin.
 
Law or Laws means the laws of New South Wales, Australia.
 
Package means the activities to be undertaken by the Participant as arranged by Yamaha Motor Australia and third-party suppliers, referred to in your Booking Confirmation and Essential Package Information. 

We, us or Yamaha Motor Australia means Yamaha Motor Australia Pty. Ltd., ABN 88 002 556 989.

You, your or Participant means a person who is participating in a Package.
 
(b) Any references to currency are references to amounts in Australian Dollars, unless otherwise stated.
 
Acceptance of the Destination Yamaha Motor Terms and Conditions

I have read and accepted the Destination Yamaha Motor Terms and Conditions.  

I understand that I will be required to sign a Release and Waiver Form before I can participate in a Destination Yamaha Motor Package.  
I am aware that motorcycling and operation of other Equipment can be dangerous.  I am aware that traffic conditions, roads, weather and other conditions as well as the actions of other members of the Package can influence the risks.  I agree to accept those risks.

I am an experienced responsible and healthy motorcyclist with a valid motorcycle or other licence (if applicable).  As a passenger I am aware of the potential dangers of motorcycling and operating Equipment.

I further agree and understand that the owners, operators and agents of this Package, including Yamaha Motor Australia, are not the guardians of my safety.  They, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation of my participation in the trip which might result in injury, death or other damage to me, my property or my family heirs or assigns.