In these Terms and Conditions of Trade:
“Booking” or “Bookings” means the reservation or reservations and subsequent amendments, if any, made by New Zealand Luxury Escapes on behalf of its Customer or Customers.
“Customer” means the person or entity making Bookings through New Zealand Luxury Escape’s website for the Tourism Operator.
“Itinerary Receipt” means the travel document or travel documents issued by New Zealand Luxury Escapes to Customers upon New Zealand Luxury Escape’s receipt of payment from the Customer, which contains information including but not limited to the Customer’s name, booking information and further notices relevant to the booking.
“New Zealand Luxury Escapes” means New Zealand Luxury Escapes.
“Tourism Operator” means the person or entity accepting a Booking or Bookings from New Zealand Luxury Escapes or any person acting with ostensible authority on behalf of the Tourism Operator.
Bookings will be on such forms as New Zealand Luxury Escapes may require from time to time.
(a) Each Booking shall constitute acceptance by the Customer of these Terms and Conditions of Trade.
(b) Where the Customer confirms a Booking with New Zealand Luxury Escapes, on behalf of all parties to the Booking, the Customer confirms that they have the authority from the other parties to do so.
(a) All quotations and prices for Bookings are shown in New Zealand dollars and include GST.
(b) Prices are subject to change without notice prior to payment being received by New Zealand Luxury Escapes and confirmation of each Booking from each Tourism Operator. All Bookings will be charged at prices prevailing at the date each Booking is confirmed by New Zealand Luxury Escapes.
(c) Prices do not include (unless otherwise specified in writing) extras such as, but not limited to, meals, travel insurance and optional extras.
(d) The Customer acknowledges that the amount charged to their credit card by New Zealand Luxury Escapes is subject to currency fluctuations and will be charged at the exchange rate at the time payment is made to New Zealand Luxury Escapes.
5. Terms of Payment
(a) On confirmation of the booking by the Customer to New Zealand Luxury Escapes the Customer is liable to pay New Zealand Luxury Escapes for the full cost of the Booking.
(b) Unless otherwise specified, payment for all Bookings shall be made by credit card or bank deposit immediately on the Customer receiving confirmation of the Booking from New Zealand Luxury Escapes.
(c) Should payment not be received by New Zealand Luxury Escapes by the due date, or a payment be dishonoured, New Zealand Luxury Escapes reserves the right to cancel or not confirm the Booking.
(d) New Zealand Luxury Escapes may, at its sole discretion, require payment of a deposit by the Customer prior to processing.
(e) The Customer warrants they are the cardholder of the credit card used for payment and that they have sufficient credit on their credit card to meet all charges associated with the Booking.
6. Itinerary Receipt
(a) Unless otherwise specified, New Zealand Luxury Escapes will forward an Itinerary Receipt to the Customer within two working days of receipt of payment.
(b) Any discrepancy between the Itinerary Receipt and the Customer’s intended Booking must be made known by the Customer to New Zealand Luxury Escapes within 2 working days of the Customer’s receipt of the Itinerary Receipt pursuant to 6(a) or before the commencement of the first Booking, whichever is the earliest.
7. Payment Allocation
New Zealand Luxury Escapes may in its discretion allocate any payment received from the Customer towards any invoice that New Zealand Luxury Escapes determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer New Zealand Luxury Escapes may re-allocate any payments previously received and allocated.
Where a quotation is given by New Zealand Luxury Escapes for the Bookings, New Zealand Luxury Escapes reserves the right to alter the quotation because of circumstances beyond its control at any time up to payment for the Bookings by the Customer and confirmation by the Tourism Operator.
9. Errors or Omissions
Clerical errors or omissions, whether in computation or otherwise in the quotation, acknowledgement or Itinerary Receipt shall be subject to correction.
(a) Unless otherwise specified, where the Consumer Guarantees Act 1993 applies the Customer shall have all the rights and remedies provided under this Act but no others.
(b) In the event that the Customer is dissatisfied with the quality of the services booked by New Zealand Luxury Escapes, New Zealand Luxury Escapes will discuss the matter with the Tourism Operator in an attempt to resolve the matter to the satisfaction of all parties. However, if no resolution is reached payment will be made by New Zealand Luxury Escapes to the Tourism Operator for the Booking and the Customer shall pursue any claim direct with the Tourism Operator.
(a) The Customer shall be solely responsible for obtaining any necessary valid travel documentation and certification required under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the Bookings.
(b) New Zealand Luxury Escapes shall not be liable to the Customer should the Customer be disallowed, denied or refused participation in the activities, accommodation or travel booked by the Tourism Operator due to the Customer’s lack of valid travel documentation, certification or actions whilst travelling.
(c) Should the Customer fail to comply with clause 11(a) the Tourism Operator’s decision to disallow, deny or refuse the Customer participation in the activities, accommodation or travel booked shall be final and New Zealand Luxury Escapes shall not be obliged to refund any payment made for the Bookings.
(d) Any information provided by New Zealand Luxury Escapes on its website including, but not limited to, necessary travel documentation, health requirements, climate, clothing and events etc is provided in good faith and New Zealand Luxury Escapes shall not be liable for any reliance of the Customer on the same.
12. Amendments to Bookings
(a) Should the Customer wish to amend the Booking once payment has been received by New Zealand Luxury Escapes, New Zealand Luxury Escapes does not guarantee the amendment will be made. However, New Zealand Luxury Escapes shall make every reasonable effort to accommodate the Customer’s amendments.
(b) Any amendments will be subject to all charges imposed by the original or new Tourism Operator and New Zealand Luxury Escapes reserves the right to charge an administration fee, for accommodating the Customer’s amendments, payable by the Customer immediately.
(c) Any requests for amendment must be made in writing by the Customer and will be subject to the terms and conditions contained herein.
(a) The Customer may cancel a Booking subject to the provisions of this clause of these Terms and Conditions of Trade.
(b) Any cancellations must be made in writing to New Zealand Luxury Escapes and will be effective from the date New Zealand Luxury Escapes receives the same.
(c) Cancellation charges of a percentage of the total Booking Price will apply in respect of all cancellations. The cancellation charges are based on the number of days notice given by the Customer to New Zealand Luxury Escapes prior to commencement of the earliest Booking:
(i) 30% of the Booking Price where notice is given up to 60 days prior to commencement of the earliest Booking;
(ii) 50% of the Booking Price where notice is given between 59-22 days prior to commencement of the earliest Booking;
(iii) 75% of the Booking Price where notice is given between 21-15 days prior to commencement of the earliest Booking;
(iv) 100% of the Booking Price where notice is given less than 14 days prior to commencement of the earliest Booking.
14. Travel Insurance
The Customer acknowledges that New Zealand Luxury Escapes strongly recommends the Customer takes out, at the Customer’s cost, suitable travel insurance for the Customer’s Booking and all other travel risks.
(a) New Zealand Luxury Escape’s liability to the Customer shall be limited to the value of that part of the Booking in respect of which liability arose.
(b) Unless otherwise expressly agreed in writing, it is not a condition of these Terms and Conditions of Trade or any Booking that the Bookings will correspond precisely with any descriptions provided.
(c) The Customer acknowledges that New Zealand Luxury Escapes is acting as an intermediary for bookings between the Customer and a Tourism Operator. New Zealand Luxury Escapes is not liable to the Customer for any failure, delay or omission on the part of a Tourism Operator in providing the Booking to the Customer.
(d) The Sale of Goods Act 1908, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon New Zealand Luxury Escapes which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on New Zealand Luxury Escapes New Zealand Luxury Escape’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
(e) Except as otherwise provided above New Zealand Luxury Escapes shall not be liable for any injury, death, loss, damage, delay, additional expense or inconvenience of any kind whatsoever, arising from a Booking by New Zealand Luxury Escapes to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from a Booking provided by New Zealand Luxury Escapes to the Customer.
(f) The Customer shall indemnify New Zealand Luxury Escapes against all claims and loss of any kind whatsoever made by the Customer or any other third party however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of New Zealand Luxury Escapes or otherwise, brought by any person in connection with any matter, act, omission, or error by New Zealand Luxury Escapes its agents or employees in connection with a Booking.
16. Suitability of Bookings
(a) The Customer must satisfy itself that the Bookings are suitable.
(b) The Customer warrants that he/she suffers from no medical conditions which would render the Bookings unsuitable for the Customer. All relevant medical conditions must be advised to New Zealand Luxury Escapes prior to Bookings being made to ensure that the Customer will be able to partake in the Bookings.
(c) New Zealand Luxury Escapes makes no warranties or representation and expressly negates any implied or expressed condition that the Bookings will be suitable for the Customer.
(d) The Customer accepts all risk and responsibility for consequences arising from the Bookings.
(a) The Customer shall not assign all or any rights or obligations under these terms and conditions of trade without the written consent of New Zealand Luxury Escapes.
(b) New Zealand Luxury Escapes is entitled to assign or subcontract to any other party all or any part of the work which is to be preformed under any contract.
(c) In respect of the rights and obligations created by these terms and conditions, the Assignee shall be entitled to the full rights of New Zealand Luxury Escapes.
(a) In the event of any dispute arising between New Zealand Luxury Escapes and the Customer, such dispute shall in the first instance be referred to mediation for resolution.
(b) New Zealand Luxury Escapes may also assign or subcontract any part of the work which is to be performed under any contract.
(c) In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute.
(d) Nothing in this clause prevents New Zealand Luxury Escapes from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
All notices required or committed under these Terms of Trade are to be served as provided in sections 353, 359, 360 and 361 of the Property Law Act 2007 and section 387 of the Companies Act 1993, or by facsimile, in which case notice is deemed to be given the day after sending.
If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21. Changes of General Terms and Conditions
(a) New Zealand Luxury Escapes may at any time refuse a Booking by the Customer for any reason whatsoever.
(b) Failure by New Zealand Luxury Escapes to enforce any of the terms and conditions contained in these Terms and Conditions of Trade shall not be deemed to be a waiver of any of the rights or obligations New Zealand Luxury Escapes has under these Terms and Conditions of Trade.
22. Copyright and Intellectual Property
(a) Unless it is specifically agreed in writing to the contrary, New Zealand Luxury Escapes retains all intellectual property rights, including copyright, patents, registered designs, and all protection of confidential information in respect of any Goods provided by New Zealand Luxury Escapes for/to the Customer.
(b) The Customer will at all times keep New Zealand Luxury Escapes advised of any infringement or potential infringement by a third party of New Zealand Luxury Escape’s intellectual property rights.
(c) The Customer will immediately advise New Zealand Luxury Escapes of any alleged infringement by New Zealand Luxury Escapes of a third party’s intellectual property rights. The Customer will indemnify and hold harmless New Zealand Luxury Escapes against any losses, costs, actions or liabilities suffered or incurred as a consequence of such infringement or alleged infringement.
(d) New Zealand Luxury Escapes owns and has copyright in all designs, specifications, documents, and software produced by New Zealand Luxury Escapes in connection with the Goods provided pursuant to these terms and conditions of trade and the Customer may use the Goods only if paid for in full and for the purpose for which they were intended and supplied by New Zealand Luxury Escapes.
The Customer agrees that:
(a) the personal information provided, obtained and retained by New Zealand Luxury Escapes about the Customer will be held and used for the purposes directly related to the provision of services to the Customer under these terms of trade;
(b) acceptance of these terms of trade is the Customer’s irrevocable authority to New Zealand Luxury Escapes to use the personal information for the purposes of clause 23(a) and to provide any personal information (along with the details of any Booking between New Zealand Luxury Escapes and the Customer) to any third party and to obtain any information concerning the Customer from any other source;
(c) the Customer must notify New Zealand Luxury Escapes of any changes in circumstances that may affect the accuracy of the information provided by the Customer to New Zealand Luxury Escapes. If the Customer is a natural person the Customer has the right of access to and correction of any personal information held by New Zealand Luxury Escapes.
24. Electronic Communication
(a) The Customer acknowledges that by making a Booking via newzealandluxuryescapes.com and providing the Customer’s email address, the Customer consents to receiving electronic communications from New Zealand Luxury Escapes in relation to the provision of the Booking and marketing materials.
(b) New Zealand Luxury Escapes will comply fully with all requirements under the Unsolicited Electronic Messages Act 2007.
25. Force Majeure
Neither New Zealand Luxury Escapes nor the Customer will be liable to the other for any breach of this Agreement by any extraordinary occurrences which are beyond the reasonable control of the party in question.
26. Entire Agreement
These Terms and Conditions of Trade constitute the entire agreement and supersede and extinguish all prior agreements and understandings between New Zealand Luxury Escapes and the Customer.
27. Other Agreements
If there is inconsistency between these Terms and Conditions of Trade and any Booking submitted by the Customer or any other arrangement between New Zealand Luxury Escapes and Customer, these Terms and Conditions of Trade prevail unless otherwise agreed in writing by the parties.
28. Governing Law
These Terms and Conditions of Trade will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction over any dispute in relation to the Bookings.