Cancellations, Waivers and Insurance
There have been a number of recent events affected by weather. For two such events, one was initially cancelled then changed to a postponed date, and the other was postponed. Other events have had to change planned courses or event village arrangements. There has been a lot of discussion amongst members, clubs and other riders following on from this. MTBA has sought to clarify your rights as members (and as Australian consumers) in addition to looking to the future and seeing if it is possible to provide event cancellation/postponement insurance to cover similar situations. The following responses to some FAQs are provided for our members, clubs and affiliated private promoters based on the legal advice MTBA has received about the operation of the Australian Consumer Law.
What Happens if an Event is Cancelled or Postponed? The advice that MTBA has received is that the Australian Consumer Law is quite specific on your rights regarding refunds if an event is cancelled or postponed. The Australian Consumer Law will override non-compliant conditions, even if you have agreed to them when you entered the event.
If an event is cancelled, then you are entitled to a full refund of all entry fees you have paid.
If an event is postponed or if the event organiser offers alternate events or discounts, then you may choose to take up the new date or these other offers, but if you do not wish to do so for any reason whatsoever, then you are entitled to a full refund of all entry fees you have paid. You cannot be charged an extra fee for the postponed event and you must be given reasonable notice.
All MTBA Clubs and affiliated Private Promoters will be required to comply with those cancellation / postponement conditions for future events as it is MTBA’s policy to comply with applicable laws and to ensure that our members’ rights are observed.
How Does This Affect the Waiver Used in Online Entry Systems? MTBA will be amending the Register Now online entry system to reflect these conditions and will be producing a new event waiver to this effect. The new waiver will also provide better coverage for the situation where a team Captain enters multiple riders in an endurance event. MTBA will make the text of this new event waiver available to affiliated clubs and promoters as soon as it is completed.
What About Signing a Waiver on-the-day? Many events will require you to sign an event waiver on-the-day, especially if you are a rider in a team that has been entered in the event by someone else. If you do not wish to sign the waiver, because that is the first time you have seen those conditions, then you are entitled to a refund of the entry fee applicable to you as a single rider. The amendment to the MTBA Register Now online entry system will provide a means whereby all team members are required to logon and accept waiver conditions prior to the event, so they are not confronted with a previously unseen waiver on the day.
Will the Event Cancellation Insurance Cover Me as a Rider? No. This insurance will be to cover the club's / promoter's costs incurred in putting on the event up to the point when it was cancelled. It will allow them to cover their costs and to provide you with your entitlements for an entry refund. As an addition, you may wish to take out travel insurance which might cover your travel costs if an event is cancelled or postponed, but that is your own decision.
What Happens if I Decide to Cancel my Entry in an Event? If you cancel your participation in an event which has not been cancelled, then you are only entitled to any refund under the refund policy of the Club or Event Promoter. This varies between organisations and MTBA encourages you to carefully read the full event waiver for all events that you enter, and especially the section of an event waiver which covers this area. Historically, this may range from no refund at all, through to a proportional refund, which may be dependent on how much notice you give the event organiser.
How Do I Know That I am Entering an MTBA Sanctioned Event? Mountain Bike Events staged by either MTBA Affiliated Clubs or MTBA Affiliated Private Promoters are MTBA Sanctioned events. These events are required to be run in accordance with established MTBA standards and your membership gives you insurance cover in the event of injury in one of these events. You can check on the MTBA website by clicking on the State/Territory on the map of Australia and see a list of affiliated clubs and promoters. Your entry to these events will also cost less because these events will also charge non-MTBA members a fee for an MTBA day licence.
If an event does not recognise your MTBA membership, offers to charge you for injury insurance or does not offer MTBA day licences; then that is not an MTBA Sanctioned event. If you are in any way unsure, MTBA encourages you to ask the event organisers if the event you are entering is sanctioned by MTBA. MTBA is working to develop event branding and improved online features to make it easier to identify MTBA Sanctioned events.
When does my MTBA Insurance NOT cover me? It is important to note that, as per the MTBA Insurance summary on the website, your MTBA membership will not cover you in the event of an injury sustained in any event that is not an MTBA Sanctioned event – eg. an event staged by a non-affiliated private promoter.
