1. The Contract
The following booking conditions and holiday facts form the basis of your contract with Tourism Holdings Limited ("THL", "we", "us" and "our"). Your contract with us is made once:
(i) you have accepted these Booking Conditions and General Information ("Booking Conditions");
(ii) you have provided the appropriate deposit per person; and
(ii) we have sent to you or to your travel agent confirmation of your booking.
2. Payment
Deposit:
*A deposit of $150.00 per passenger is required at the time of booking.
Note: Some suppliers may charge additional deposits. Please contact your travel consultant for further details.
Final Payment:
*In full 48 hours after confirmation. You will not receive a final notice. Travel documents will not be released until we have received the balance of payment. In the case of bookings made less than 6 weeks before the date of commencement, full payment must be made at the time of booking. If payment is not received within this timescale, we reserve the right to cancel the booking and to apply charges as set out in Paragraph 5 below.
Note: Some suppliers may require full payments sooner than outlined above. Please contact your travel consultant for further details.
3. Price Guarantee
The price of your travel arrangements is subject to surcharges on the following items for increases in: transportation costs, fuel, Government action such as increases in any taxes or levies imposed or any other Government imposed increases, and currency, in relation to adverse exchange rate variations. Even in this case, we will absorb an amount equivalent to 2% of the holiday price, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged and if this means paying in excess of 10% more than your holiday price you will be entitled to cancel your holiday with a full refund of all monies paid, excepting any premiums paid to us for holiday insurance and amendment charges. Should you decide to cancel, you must exercise your right to do so within 14 days from the issue date printed on the invoice. However once full payment is received, we guarantee that the price will not be altered.
4. Insurance
Passengers are recommended to ensure that they arrange comprehensive travel insurance cover. Your travel agent will advise you of the policy best suited to your needs.
5. Cancellation by You
If you wish to cancel the holiday, written notification must be given to us by the person who made the booking. The date of cancellation will be the date we receive this written notice. In the event of cancellation by you, no insurance premiums paid will be refunded and the following cancellation charges will be payable by you:
*More than 42 days prior to departure: $100.00 per booking administration fee
*41 7 days prior to departure: 25% of booking value or $100.00 administration fee (whichever is greater amount)
*6 2 days prior to departure: 50% of booking value or $100.00 administration fee (whichever is the greater amount)
*1 day prior to departure or later: 100% of full booking value
Some suppliers may charge additional cancellation fees. Please contact your travel consultant for further details.
6. Alterations by You
If once the booking has been accepted by us, you wish to make alterations to the booking details e.g. change of name, date, accommodation, departure, airport, duration etc, we will do all we can to assist you, although we are under no obligation to make any alteration other than to allow you or any member of your party who is prevented from travelling to transfer his/her booking to someone else, provided that written notice is given to us.
An amendment fee of $50 per booking, per change will apply. Amendments made after documentation has been issued will incur a $150 fee to cover courier costs, communication costs, re-documentation costs and the additional time to co-ordinate the changes. Any alterations by you less than 45 days before the date of departure may be treated by us as a cancellation, and are subject to the cancellation charges referred to in Paragraph 5 above. We will not make any refunds for any services or accommodation booked but not used.
7. Cancellation by Us
We reserve the right to cancel your holiday in its absolute discretion on or before the date when payment of the balance of the holiday price becomes due. In the event of cancellation by us, we will inform you or your travel agent as soon as reasonably possible and you will be offered the choice of an alternative holiday of a comparable standard if available together with a full refund of any price difference, or a full refund of any monies you have paid. We reserve the right at our absolute discretion to refuse to accept or to reject a booking from any person without giving reasons. Furthermore, we reserve the right at our absolute discretion to terminate without notice the holiday of any client whose behaviour is such that it is likely, in our opinion, or of the opinion of the accommodation owner or manager, or other person in authority, to cause distress, damage or annoyance to other clients, employees and third party or property. In the event of termination of your holiday in any of the circumstances in this sub-paragraph, our responsibility thereupon ceases. Full cancellation charges will apply and we will be under no obligation at all to refund, compensate or indemnify you for any costs you may incur.
8. Alterations by Us
It is unlikely that we will have to make any changes to your holiday, but as arrangements have to be planned well in advance, in the event that minor change have to be made, we reserve the right to do so. Should it be necessary for us to make a material change to your holiday (which we reserve the right at our absolute discretion to do), we will inform you or your travel agent as soon as reasonably possible.
9. Liability
To the fullest extent permissible at law:
*All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, are excluded.
*We shall have no liability to you or any member of your party for anything, other than a breach by us of an express provision of these Booking Conditions (including but not limited to negligence on our part or the part of our employees or agents).
You acknowledge that you do not rely on any representation or statement made by or on behalf of us or our employees or agents other than the express provisions of these Booking Conditions.
We shall not be liable for any consequential, indirect or special damage or loss of any kind suffered by you or any member of your party.
Notwithstanding anything else contained in these Booking Conditions, our liability to you shall not in aggregate exceed twice the price of the holiday paid by you or the affected member of your party in respect of which the liability arises.
Any claims against us, whether in contract, tort (including negligence), by statute, or otherwise are governed by New Zealand law.
10. Consumer Guarantees Act
Nothing in these Booking Conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 (CGA) except to the extent permitted by the CGA, and all provisions of these Booking Conditions shall be read as modified to the extent necessary to give effect to that intention.
11. Travel
All transportation by air, land or sea is subject to the terms and conditions or carriage of the company providing the transport some of which limit or exclude liability.
12. Force Majeure
We accept no responsibility for and shall not be liable in respect of any loss or damage from alterations, delays or changes arising from unusual and unforeseeable circumstances, beyond our control, such as war or threat of war, riot, civil strife, industrial dispute including air traffic control disputes, terrorist activity, natural and nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports or ports.
13. Complaints Procedure
Any complaints arising during the period of your holiday must be directed to us , our representative/agent or the accommodation management immediately after there is a problem, as failure to do so may result in claims being rejected. Furthermore, you must also complete a guest comment form from the representative, agent or accommodation management and keep a copy. If any such problem is unable to be resolved satisfactorily by the above parties, details of the complaint must be notified in writing to Tourism Holdings Ltd, Private Bag 92637, Auckland, quoting the holiday reference within 28 days of the date of the return from your holiday. No action can be taken or liability accepted for complaints received after this period.
14. Children & Infants
To qualify for the infant prices, (available on application), infants must be under two years of age on the date of return travel. Infants must sit on an adults lap whilst travelling on coach or train. Only one infant per adult qualifies for infant prices. Special fares are available for children sharing a room with two adults. Children under 12 years travel at 60% of the normal adult land cost.
15. International Customers - Passports and Visas
In the case of international customers, a full passport is required when travelling to New Zealand. Your travel agent can confirm specific Passport and Visa requirements for travellers of any nationality. You are responsible for obtaining the necessary information and complying with any passport and visa requirements.
16. Amendments
We may amend these Booking Conditions at any time and without notice to you by posting amended Booking Conditions on this website.
17. Governing Law
These Booking Conditions shall be governed by and interpreted in accordance with New Zealand law. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the New Zealand courts.
18. General
All prices are in New Zealand dollars and include GST. |
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