Eighth Wonder Travel – Terms and Conditions Welcome to Eighth Wonder. By using our website to enquire about a bespoke travel package and experience ("Travel Services"), you are agreeing to be bound by the following terms and conditions ("Terms").
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.
A reference in these Terms to "Eighth Wonder", "us" or "we" refers to the owner of the website and the agent who facilitates the provision of bespoke Travel Services, Saint Cierge Limited trading as 'Eighth Wonder Travel', whose registered office is [insert].
The term “you” and “your” refers to the person or entity which uses our website and/or enters into an agreement for Travel Services with Eighth Wonder, arranges payment and receives our invoice and any other documentation relating to the Travel Services booked with us.
Please note when we provide Travel Services we are acting on your behalf, as your agent, to facilitate unique travel and experience bookings with third party suppliers ("Suppliers"). We make no guarantees or representations as to the financial stability of those Suppliers nor their ability to provide and perform services and experiences to the level they have represented to us as your agent.
1. BOOKING PROCESS
Enquiry
1.1 By contacting us through our website/via email about booking our Travel Services you are making an enquiry, not a booking ("Enquiry"). Please note all Travel Services promoted by us are subject to the Supplier's availability. Itinerary Creation Fee
1.2 Before we create an initial itinerary for your Enquiry we require a payment of $1,000.00 NZD plus GST ("Itinerary Creation Fee") pursuant to clause 2.3. The Itinerary Creation Fee will be deducted from the first deposit you pay on confirmation of your booking pursuant to clause 2.1. The Itinerary Creation Fee is non-refundable, even if you choose not to proceed and book Travel Services with us pursuant to clauses 1.5 - 1.7.
Creating a Booking
1.3 Once we receive payment of the Itinerary Creation Fee, we will provide you with an initial itinerary ("Draft Itinerary") based on the information you have provided to us.
1.4 We will email the Draft Itinerary to you and, if you have any required amendments, you must email those to us as soon as possible.
1.5 Once you confirm to us by email that you are happy with the Draft Itinerary (following any necessary amendment) we will email your final itinerary to you ("Final Itinerary") and ask you to finalise your booking. As part of your Final Itinerary we will advise you of the deposit required by us pursuant to clause 2.1. Please note:
(a) the details contained in your Final Itinerary remain subject to availability until your booking is confirmed by us in accordance with clause 1.7(b); and
(b) it is your responsibility to check your Final Itinerary to ensure that: (i) the names of all the people in your party are the same as shown on the passports which will be used for travel; and (ii) all dates, timings and other details meet your requirements.
1.6 It is imperative that you promptly check all the details of your Final Itinerary and inform us immediately of any discrepancies or errors by email prior to confirming your booking with us. Once you are happy with your Final Itinerary you must email us to confirm it is correct. You are liable for any additional charges that arise as a result of alterations to your Final Itinerary which are required after it is confirmed by you.
1.7 A contract with you in respect of your booking ("Booking Contract"), to which these Terms apply, is only created once both the following have occurred:
(a) we have received from you, in cleared funds, the payment required to confirm your Booking Contract (as set out in clause 2.1 and 2.3); and (b) we have sent you written confirmation via email or letter that your booking has been secured. By finalising your Booking Contract with us you warrant and represent to us that you have the authority to bind all members of your travel party to these Terms.
2. DEPOSIT / PAYMENT
2.1 A deposit is required to confirm your Booking Contract with us. If your Booking Contract is entered within 90 days of the departure date set out in your Final Itinerary, the deposit we require will be the full price of your booking. In all other cases, the deposit will vary depending on the date your Booking Contract is entered into and the particular Travel Services required. The deposit we require from you will be confirmed by us when we provide you with your Final Itinerary.
2.2 Payment of the full price of your booking, as set out in your Final Itinerary, is due 90 days prior to the departure date set out in your Final Itinerary.
2.3 Payment can be made to us by cheque, bank transfer, debit or credit card. Payment is not deemed to have been made until we are in receipt of cleared funds. Should payment be made via a credit card, we reserve the right to pass on a surcharge of 3%.
2.4 Should the balance of your Booking Contract remain unpaid within 90 days of the departure date set out in your Final Itinerary, travel documentation will not be issued by us and we will reserve the right to treat your Booking Contract as cancelled by you. If your Booking Contract is cancelled pursuant to this clause, cancellation charges, as set out in in clause 6, will be incurred by you.
2.5 Prices quoted are based on daily currency conversion rates. All payments taken on debit or credit card will be taken in NZ Dollars and any subsequent exchange rates that are applied will be specified by your card provider – as such we are unable to confirm the exact amount that will be paid in your local currency. If you are a customer who makes payment using a card not denominated in NZD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
3. INSURANCE
3.1 It is a condition of your Booking Contract with Eighth Wonder, that you take out an appropriate and comprehensive travel insurance policy. We will not be responsible for any costs incurred by you or any member of your party before, during or after your booking as a consequence of inappropriate or insufficient travel insurance being purchased by you or any member of your travel party.
4. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
4.1 It is your responsibility to ensure that you and your party hold all necessary travel documentation (including passports and visas) in advance of travel under your Booking Contract. It is also your responsibility to ensure that you and all members of your party will be able to comply with all health requirements for the destination(s) of travel set out in your Final Itinerary.
4.2 Eighth Wonder does not accept any liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your part and/or another member of your party's part to carry correct documentation or to comply with relevant health requirements.
5. CHANGES BY YOU
5.1 If, after you have entered into your Booking Contract with us, you wish to change your booking in any way you must email us. We will use all commercially reasonable endeavours to make the change to your Booking Contract that you request, but we will not be liable to you or any member of your party if we do not manage to make the requested change.
5.2 You shall be responsible for all additional charges (whether made by us or Suppliers) that result from any successful change request to your Booking Contract.
5.3 In exceptional circumstances, if you or any member of your party is unable to travel, you may ask us to transfer your/their booking to another person ("Transfer"). A Transfer is subject to our prior approval and is not always possible. In the case of a Transfer, in addition to any charges that may be applied by Suppliers, we reserve the right to charge an administration fee of $200 plus GST per person change. Please note that airlines usually apply 100% cancellation charges and will not permit name changes or other booking alterations to be made. If circumstances arise where bookings may need to be altered, please contact us via email as early as possible so that we can notify you of the applicable charges.
5.4 Where you, the person booking the travel, is the person who is unable to travel, you must provide us with the name of another person in your party who is to assume your responsibilities. In such circumstances we require email confirmation from that person acknowledging that:
(a) they are willing to assume your responsibilities under these Terms;
(b) they accept these Terms; and
(c) they accept the terms of your Booking Contract.
6. CANCELLATION BY YOU
6.1 You may cancel your Booking Contract at any time. If you wish to cancel your Booking Contract you must email us. Cancellation of your Booking Contract will take effect from the date that we receive written notification of cancellation from you, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such an email has been sent by you. Please notify us immediately if this is not acceptable to you.
6.2 If you cancel your Booking Contract cancellation charges will apply. In addition to any such cancelation fees applied by Suppliers, we will apply the following charges ("Cancellation Charges"): (a) If you cancel your Booking Contract more than 90 days before the departure date set out in your Final Itinerary, a Cancellation Charge equal to the Itinerary Creation Fee you have already paid us ($1,000.00 NZD plus GST). (b) If cancellation is made within 90 days of the departure date then, as set out in your Final Itinerary, the Cancellation Charges will vary and be dependent upon the Booking Contract you have with us. The closer to the departure date that you cancel your booking, generally the higher the Cancellation Charge. In some cases, the Cancellation Charges payable to us may exceed your deposit and may be up to the total price of your booking. Cancellation Charges will be deducted from the total amount you have paid towards your booking before any refund is made by us to you. In the event that the Cancellation Charges payable to us exceed the amount you have paid us we will invoice your for the balance, which shall be payable within 14 days of an invoice being generated by us. If you would like to know the amount of any Cancellation Charges payable to us before cancellation please email us.
6.3 You agree and acknowledge that the Cancellation Charges set out in clause 6.2 above are a genuine pre-estimate of the loss suffered by us as a result of your cancellation of your Booking Contract.
6.4 You may be able to claim some or all of the Cancellation Charges from your insurance provider. Where cancellation results in a refund of payments made by you to us, payment will be made to you as the contracting member of your party (or any other person or entity you instruct us to pay via email).
7. CHANGES BY SUPPLIERS
7.1 In exceptional circumstances, we may have to change your Final Itinerary after your Booking Contract has been confirmed due to changes by Suppliers.
7.2 If a change is minor, we will use all commercially reasonable endeavours to notify you in advance of departure but we are not obliged to do so and no compensation will be payable by us in respect of such a change.
7.3 If the change is material (including, but not limited to, a change of flight time by more than 12 hours, change of experience destination or change of accommodation to one with a lower official rating), we will notify you as soon as practically possible and, subject to the remedies offered by the relevant Suppliers, offer you the choice of:
(a) accepting the alternative arrangements;
(b) arranging an alternative Booking Contract with us; or
(c) cancelling your Booking Contract.
7.4 Regardless of the remedies available to you under clause 7.3, where there are material changes to your Final Itinerary, we will pay you compensation as set out clause 7.5 below, unless such change has been caused by Force Majeure Event (as set out in clause 9 below) or insufficient bookings.
7.5 Number of calendar days notice prior to date of departure material change is required - compensation per person (excluding infants):
(a) More than 70 days - Nil
(b) 69 – 43 days $20
(c) 42 – 28 days $40
(d) 27 -14 days $60
(e) Less than 14 days $80 7.6
Subject to the Suppliers terms, if one or more Suppliers are unable to provide a significant proportion of the agreed Travel Services outlined in your Final Itinerary whilst you are away:
(a) we will make suitable alternative arrangements for you at no extra cost; or
(b) you will be given the option to return to your point of departure (subject to flight/transport availability); and
(c) you will be given a pro-rata/proportionate refund for any part of the experience not received. This does not apply to minor changes to the Travel Services outlined in your Final Itinerary, including but not limited to changes to your accommodation, itinerary or transportation arrangements.
8. CANCELLATION BY US
8.1 Whilst we hope we will never have to cancel your Booking Contract, in exceptional circumstances this may be necessary and we reserve the right to do so.
8.2 When it is necessary to cancel your Booking Contract, we will use all commercially reasonable endeavours to offer alternative arrangements of a comparable or better standard with a refund, as necessary, to reflect those alternative arrangements. Where alternative arrangements cannot be made we will give you a full and prompt refund of the full amount paid towards your Booking Contract which we hold at the time of cancellation. We will also assist you, to a commercially reasonable extent, to obtain a refund from Suppliers where funds by you to us have been paid to Suppliers prior to cancellation.
9. FORCE MAJEURE EVENT
9.1 Compensation will not be payable in any cases where an amendment, change or cancellation is due to an unusual or unforeseeable event or circumstance beyond our reasonable control ("Force Majeure"). Such events include, but are not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), financial difficulties of Suppliers, industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers.
9.2 Whilst major international airlines’ flights are rarely subject to lengthy delays, there are occasions when such delays do occur. Therefore, if the Travel Services outlined in your Final Itinerary include flights on such airlines, we cannot accept any responsibility or liability for any such delays and you will be responsible for any costs incurred as a result of such delays (including but not limited to meals and accommodation).
10. PRICES
10.1 All prices advertised by us (on our website or otherwise) and prices quoted by our staff are exclusive of GST, for guidance only and may be subject to change prior to your Booking Contract being confirmed by us.
10.2 We reserve the right to increase the price of your Final Itinerary after your Booking Contract has been entered into. Such price increases will be limited to those resulting from increases in transportation costs (including fuel and airfares), duties, taxes, GST, fees chargeable for services (including landing taxes and embarkation and disembarkation and security fees at airports) and Government action or exchange rate variation.
10.3 Please note that we will absorb the first 2% of any price increase, and no price increase will be made within 30 days of departure date set out in your Final Itinerary.
10.4 In the event that the factors set out in clause 10.2 increases the price of your Final Itinerary by 10% or more, you may cancel Booking Contract and receive a full refund.
10.5 As your Booking Contact may involve the purchase of a diverse range of products and services from Suppliers at different times, we will inform you by email of the purchasing exchange rate if any price increase is due to adverse exchange rate fluctuation.
11. OUR ROLE
11.1 Whilst we will use all reasonable skill and care in assisting you with the selection of the Suppliers involved in your trip, standards will vary depending upon the destination and experiences you chose to book.
11.2 Please note by booking Travel Services pursuant to your Booking Contract with us, we are acting as your agent and facilitator, not on behalf of the Suppliers who will provide the Travel Services set out in your Final Itinerary. Accordingly we do not accept any liability for any product or service supplied to you by a Supplier that is not of the standard described or contracted for by you.
11.3 Further, we accept no liability to you for:
(a) any circumstance arising from fault on your part or the part of any member of your party;
(b) any circumstance arising from fault on the part of someone not connected with the provision of the booked experience and/or its various components;
(c) any circumstance which arises due to unusual or unexpected circumstances beyond our reasonable control which could not have been avoided; or
(d) any circumstance which arises due to an event which we could not anticipate, expect or reasonably prevent.
11.4 In all cases our liability will be limited in accordance with the relevant Supplier’s terms and conditions (copies of which will be provided upon request), however, to the extent such a limitation of liability exceeds the total price paid to us by you for your booking, our liability to you is limited to the total price paid to us by you for your booking. This limitation of liability applies to claims for, but not limited to, death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings.
11.5 Any acceptance of liability by us is subject to you agreeing to assign to us your rights against any third party responsible for the events leading to your claim and to you affording us all necessary assistance in pursuing that claim.
11.6 The Consumer Guarantees Act 1993 ("CGA"), the Fair Trading Act 1986 ("FTA"), and other statutes may impose warranties, conditions or obligations upon us which, by law, either cannot be excluded, or can only be excluded to a limited extent (“Imposed Warranties”). To the maximum extent permitted by law, you and Eighth Wonder exclude from these Terms and your Booking Contract:
(a) Imposed Warranties; and
(b) all other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in these Terms.
11.7 Where as part of these Terms and/ or your Booking Contract you acquire goods and/or services from us, for the purposes of a business:
(a) the parties acknowledge and agree that: (i) you are acquiring the goods and/or services covered by these Terms for the purposes of a business in terms of sections 2 and 43(2) of the CGA; (ii) the goods and/or services are both supplied and acquired in trade for the purposes of the FTA and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations) and 13 (False and misleading representations); and
(b) you agree that all warranties, conditions and other terms implied by the CGA or sections 9, 12A and 13 of the FTA are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.
12. COMPLAINTS AND INCIDENTS
12.1 In the event that you have a problem with any aspect of our service or the products and services provided by Suppliers, please let us know at the earliest possible time so that we may endeavour to rectify the problem during your trip. Any complaints must be made to us by email within 30 days of returning from your trip. Failure to make a complaint within this timeframe affects our ability to investigate your complaint, with our staff or a Supplier, and your right to compensation may be reduced or lost as a result.
12.2 Any illness or injury resulting from an incident connected with a particular component of your trip should be brought to the attention of us and the relevant Supplier immediately. The appropriate contact details for Eighth Wonder in such circumstances are [insert details].
13. SPECIAL REQUESTS
13.1 Whilst we will do everything in our powers to facilitate any special requests you have, for things such as airline seating and dietary requirements etc., we cannot guarantee that it will be possible for us to facilitate your requests. We will work closely with the relevant Supplier to attempt to ensure these special requests are met if at all possible, but will not be liable to you or any member of your party for any loss suffered in the event of such requests not being able to be met.
14. EVENT CANCELLATION
14.1 It is unusual that major events or sporting fixtures are cancelled/ rescheduled however, where such an even is part of you Final Itinerary and this does occur we accept no responsibility to refund or compensate you or any member of your party. Any refund obtained from the organisers of event that is cancelled/ rescheduled will be passed from us on to you.
15. JURISDICTION
15.1 These Terms are governed by New Zealand law and are subject to the exclusive jurisdiction of the courts of New Zealand for any disputes or proceedings arising out of or in connection with these Terms.
16. DOCUMENTATION
16.1 Your tickets, itinerary and all other information ("Documentation") regarding your Booking Contract will be sent to you approximately 4 weeks prior to the departure date specified on your Final Itinerary, either by post or email to an address specified by you. Once your Documentation leaves our offices we will not be responsible or liable in an way for the loss or delay of the Documentation unless such loss or delay is due to our negligence.
17. Privacy
17.1 By using our website, making an Enquiry and/or making entering into a Booking Contract with us, you authorise us to collect, retain and use information about you and your party for the following purposes: (a) to manage your account with us, including sending you statements and invoices, organising payment, assessing your credit worthiness, providing all those persons related to your travel arrangements with information necessary to facilitate your booking (including but not limited to Suppliers and as required by law customs/immigration); and (b) to provide you with information about our Travel Services and your booking and any special offers we believe may be of interest to you.
17.2 Under the Privacy Act 1993 you have the right to access and correct any personal information we hold about you. Please direct any such request to the [insert contact title – email and phone number].
18. Other
18.1 You may not assign or transfer all or any of your rights or obligations under these Terms without our prior written consent.
18.2 We are not bound by any error or omission in any invoice, order, form or other document.
18.3 You must keep all information you have provided to us up-to-date, including advising us by email of any change of name, address or other details that would be relevant to your relationship with us. Notice will be sufficiently provided by us if it is personally delivered, posted or email to your last known postal or email address.
18.4 We shall be entitled at any time by notice in writing to you vary any provision of these Terms and you shall be bound by such variation.
18.5 If any provision of these Terms is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms to the extent of such invalidity or unenforceability and such invalidity or unenforceability will not affect the other provisions of these Terms, all of which will remain in full force and effect.
Welcome to Eighth Wonder. By using this website, you are agreeing to the following terms and conditions of use. This sets out our relationship with you in relation to this website. If you do not accept these terms and conditions, please do not use our website.
The term ‘Eighth Wonder’ or ‘us’ or ‘we’ refers to the owner of the website, Saint Cierge Ltd, whose registered office is c/- PKF Poutsma Lemon Ltd, 16 Williams Rd, Paihia. The term ‘you’ refers to the user or viewer of our website.
The term “you” and “your” is the person who books the package with Eighth Wonder, arranges payment and receives our invoice and any other documentation relating to the package booked with us.
OUR CONTRACT
The following lays out the terms and conditions in regards to our dealings with you.
Your contract is with Saint Cierge Ltd, trading as Eighth Wonder, c/- PKF Poutsma Lemon Ltd, 16 Williams Rd, Paihia.
All bookings are subject to product availability, and may not be available at all times.
By the time a booking is made we will have entered into considerable communication with you in order to finalise all details, which are then confirmed with you before we finalise the booking. It is your responsibility to check that names of all in your party are the same as that in the relevant passport, and that all dates and timings are correct. It is imperative that you check all details and confirm, or inform us immediately of any discrepancies or errors. Should this not occur, or there is an unreasonable delay in notifying any discrepancies or errors, we will not be responsible for any additional charges that may result due to alterations that may have to be made to your booking.
A contract is only entered into once we have sent you a written confirmation via email or letter, and this will occur only after we have received payment from you and funds have been cleared. The payment may be a deposit, or the full price.
In making the booking you acknowledge that you have the authority to bind all members of your party to these terms and conditions of booking.
We undertake to keep private all information you disclose to us during the process of making a booking, and we will only pass on details where absolutely necessary, such as to those persons engaged in the provision of your travel arrangements, or relevant suppliers, or as required by law such as customs or immigration.
DEPOSIT / PAYMENT
Before we create the initial itinerary we take a payment of $1,000.00 NZD. This is taken off the first deposit on confirmation of booking. If you do not travel this acts as the itinerary creation fee and is non refundable.
A deposit will be required on all bookings. This deposit varies depending upon the date the booking is made and the particular product booked; deposits will be confirmed at time of booking. Full payment of the outstanding amount is due 90 days prior to the intended departure date. In all cases, in order to make a booking, a deposit will be required. The amount of deposit varies depending on the nature of your trip and will be confirmed to you before you book.
Payment for your experience can be made by cheque, bank transfer, debit or credit card. Payment is not deemed to have been made until we are in receipt of cleared funds. Should payment be made via a credit card, we reserve the right to pass on the appropriate bank processing charge of 3%.
Should the balance remain unpaid within the twelve weeks of the intended departure date, travel documentation will not be issued and we will reserve the right to treat your booking as cancelled. In these cases cancellation charges will be incurred.
Prices quoted are based on daily currency conversion rates. All payments taken on debit or credit card will be taken in NZ Dollars and any subsequent exchange rates that are applied will be specified by your card provider – as such we are unable to guarantee the exact amount that will be paid in your local currency. If you are a customer whose payment card is not denominated in NZD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
INSURANCE
It is a condition of booking with Eighth Wonder, that you take out an appropriate and comprehensive travel insurance policy. We will not be responsible for any costs incurred by you or any member of your party before, during or after your experience as a consequence of inappropriate or insufficient travel insurance being purchased. Please check with us for details of insurance providers if you do not already have cover in place.
PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is your responsibility to deal with all issues relating to passport, visa and health requirements. It is your responsibility to ensure that you and your party hold all necessary travel documents/visas in advance of travel. It will also be your responsibility to ensure that you and all members of your party will be able to comply with all health requirements for the destination concerned. Eighth Wonder does not accept liability if you or any member of your party is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation or to comply with relevant health requirements.
AMENDMENT / CANCELLATION BY YOU
Amendments: Any amendment request must be conveyed to us in writing. We will do our best to make amendments to your travel but cannot guarantee that all amendments are possible.
Further charges (whether made by us or our suppliers) that result from such amendment may be passed on, and you are responsible for these additional charges. Amendments notified less than eight weeks prior to the date of departure may be treated as a cancellation and cancellation charges may be made.
In exceptional circumstances, if you or any member of your party is unable to travel, you may request to the transfer your/their booking to another person. This is subject to our prior approval and is not always possible. In case of transfer to another person we reserve the right to charge an administration fee of $200 per change, in addition to any charges that may be applied by the suppliers of the products. Please note that scheduled airlines usually apply 100% cancellation charges and will not permit name changes or other booking alterations to be made. If circumstances occur where bookings may need to be altered, please contact our staff as early as possible; they will notify you of the applicable charges.
Where you, the person booking the travel, is the one who is unable to travel, you must provide us with the name of another person in your party who is to resume your responsibilities.
Cancellation
You may cancel your travel arrangements at any time, and the cancellation will take effect from the date that we receive written notification of cancellation from you. This may be by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you. Please notify us prior to cancellation if this is not acceptable to you.
All cancellations of bookings are subject to cancellation charges. These may be applied by us and/or the suppliers of the various products.
If you cancel more than twelve weeks before your intended departure date, the amount is the $1,000.00 NZD payment that was charged before the first itinerary. If cancellation is made within twelve weeks of departure the charges incurred are generally the amount of your deposit; in some cases, depending upon the product it could be more. If the cancellation charge exceeds the deposit, you will be issued with an additional invoice and payment is due immediately. Charges for cancellation within twelve weeks of intended departure is variable and dependent upon travel itineraries. Please request confirmation of the amount of any cancellation charge before cancellation.
The closer to departure date that the cancellation is made, generally the more the cancellation charge is, and in some cases may be up to the total price of your booking. You may be able to claim some or all of the cancellation charges from your insurance provider. Where cancellation results in a refund, payment will be made to you as the contracting member of your party, (or a substitute should we have been advised of such).
AMENDMENT AND CANCELLATION BY US
(a) Amendment
It is occasionally necessary for us to make changes to booked arrangements as described in Clause 5 above. In exceptional circumstances, we may have to change your experience arrangements after your booking has been confirmed. If the change is minor, we will do our best to notify you in advance of departure but we are not obliged to do so and no compensation will be payable. If the change is material (including, but not limited to, a change of flight time by more than 12 hours, change of experience destination or change of accommodation to one with a lower official rating), we will notify you as soon as practically possible and offer you the choice of (i) accepting alternative arrangements; (ii) arranging an alternative experience with us; or (iii) cancelling your experience. Regardless of the option you choose, we will pay you compensation for material changes as set out in the table below, unless such change has been caused by Force Majeure or insufficient bookings:
No. of calendar days notice prior to date of departure Compensation per person (excluding infants):
More than 70 days Nil 69 – 43 days $20 42 – 28 days $40 27 -14 days $60 Less than 14 days $80
(b) Amendments during the experience
If we are unable to provide a significant proportion of your experience whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, you will be given the option to return to your point of departure (subject to flight/transport availability) and given a pro-rata/proportionate refund for any part of the experience not received. This does not apply to minor changes in your accommodation, itinerary or transportation arrangements.
(c) Cancellation
Whilst we hope we will never have to cancel your experience, this is very occasionally necessary and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better standard with any appropriate refund, or will give you a full and prompt refund of the experience price.
(d) Force majeure
Compensation will not be payable in any cases where an amendment, change or cancellation is due to an unusual or unforeseeable event or circumstance beyond our reasonable control (’Force Majeure’). Such events include, but are not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers.
(e) Travel delays
We have included in many of our experiences the services of major international airlines and whilst these airlines’ flights are rarely subject to lengthy delays, there are occasions when such delays do occur. We cannot accept responsibility for such events and do not provide for meals, overnight accommodation or any other costs resulting from such delays.
8. PRICES
All advertised prices or prices quoted by our staff before booking confirmation are for guidance only and may be subject to change prior to the booking being confirmed. We reserve the right to increase (surcharge) the price of your experience after your booking has been made. Such price increases will be limited to those resulting from increases in transportation costs (including fuel and airfares), dues, taxes, GST, fees chargeable for services (including landing taxes and embarkation and disembarkation and security fees at airports), Government action or exchange rate variation. In the event that a surcharge increases the price of your experience by 10% or more, you may cancel your experience and receive a full refund. We will, in any event, absorb the first 2% of any price increase, and no surcharges will be made within 30 days of departure. As we have a diverse range of products purchased at different times, we will inform you of the purchasing exchange rate if any surcharge is due to adverse currency fluctuation.
OUR RESPONSIBILITIES TO YOU
We will use all reasonable skill and care in our selection of the parties involved in the preparation and supply of your trip. Please remember that standards vary depending upon the destination you chose. We undertake the following responsibilities in connection with your experience:(a) To pay reasonable compensation (subject to (c) below) if the product or service supplied to you is not of the standard described or contracted for by you, apart from in cases where such sub-standard product or service results from an event that we and/or the suppliers of the experience components, could neither foresee nor prevent, even with all due care. This compensation will be limited (except in the case of death, illness, injury and lost/delayed baggage) to no more than twice the price of your experience; (b) We accept no liability to you for (i) any circumstance arising from fault on your part or the part of any member of your party, (ii) any circumstance arising from fault on the part of someone not connected with the provision of the booked experience and/or its various components, (iii) any circumstance which arises due to unusual or unexpected circumstances beyond our reasonable control which could not have been avoided, or (iv) any circumstance which arises due to an event which we or the supplier of any service could not anticipate, expect or reasonably prevent; and, (c) any acceptance of liability is subject to you agreeing to assign to us your rights against any third party responsible for the events leading to your claim and to you affording us all necessary assistance in pursuing that claim.
In all cases, and where appropriate, our liability to you and your party is limited in accordance with, and as if we were a hotel, airline or other transportation provider governed by various international conventions. This limitation of liability applies to claims for, but not limited to, death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings. In all cases our liability will be limited also in accordance with the relevant supplier’s conditions of carriage, copies of which will be provided upon request.
COMPLAINTS
In the unlikely event that you have an issue with our service, please let us or our representatives know at the earliest possible time so that we may endeavour to rectify it. Any complaints that have been unresolved in this manner must be notified to us in writing within thirty days of your return. Failure to adhere to this timeframe affects our ability to investigate your complaint and your right to compensation may be reduced or lost.
Any illness or injury resulting from an incident connected with a particular component of your trip should be brought to the attention of the local supplier immediately. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish – please contact your Sales Consultant.
SPECIAL REQUESTS
Whilst we will do everything in our powers and endeavour to comply with your special requests for such things as airline seating and dietary requirements etc we cannot guarantee that it is possible for us to comply with those requests. We will work closely with the relevant suppliers to ensure these are special requests are met if at all possible but will not be liable for any loss suffered in the event of such requests not being met.
EVENTS
It is unusual that major events or sporting fixture are cancelled however where this does occur we accept no responsibility to refund or compensate where changes to an event are made for reasons beyond our control. Any refund obtained will be passed on to you.
JURISDICTION
This contract is governed by New Zealand Law and is subject to the exclusive jurisdiction of the courts of New Zealand.
DOCUMENTATION
Your tickets, itinerary and information regarding your experience will be sent to you approximately 4 weeks prior to departure either by post and e mail. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence.