booking terms & conditions
The following paragraphs are intended to be helpful and informative, in outlining the terms and conditions under which tours are conducted by NZ Tours and Travel Ltd, and Tesla Tours Ltd, hereafter named “The Company”, and the conditions and responsibilities of those joining our tours, hereafter named “The Client”.
The lead name on any booking is deemed to have read and understood these terms and conditions, and to have accepted them on behalf of all members of his/her group as they were booked. Hereafter all members of a party booked together are commonly referred to as “The Client”, but may also be referred to as a ‘participant’. Agreeing to abide by these terms is a condition of carriage and form a contract between the parties.
Generally people glance over such formalities without a second thought, but we strongly suggest these are read and understood, so there is no dispute at a later date. By understanding each of our responsibilities we, “The Company” and you “The Client” ensure an enjoyable tour together.
The contract between the parties is effective from the time a booking is made by “The Client” and received by “The Company”.
If you are unsure of any aspect of the following please get in touch with us immediately.
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Accident Compensation Commission (ACC)
If you are injured whilst in New Zealand, ACC may be able to help with the cost of ambulance carriage, treatment and support you need whilst you're here. However, it is important to be aware that you cannot sue for personal injury - ACC replaces that right. Furthermore, ACC only covers treatment and rehabilitation costs whilst in New Zealand; it is not a replacement for travel insurance and does not cover illness, disrupted travel plans or emergency travel to get you back home. “The Company” strongly recommends you have a comprehensive travel insurance policy which covers you for all eventualities and that you are satisfied with the level of cover provided.
Amendments to Itinerary or services:
Itineraries are subject to change without notice and intended as a guide only. Amendments may from time to time be necessary due to road or weather conditions, strikes, public holidays, the unexpected closure of an attraction or service, local festivals or other reasons. “The Company” can give no guarantee as to the exact arrival and departure times, however best endeavours will always be to keep to the scheduled time of the tour. Similarly, from time to time it may be necessary for “The Company” to substitute a prescribed vehicle with another of a similar comparison, but not necessarily the same. In such cases there will no refund nor additional payment facilitated.
Cancellations and amendments:
Cancellation by “The Client”
Cancellation fees are outlined in the booking process. If for any unforeseen reason you need to amend a booking you’ve already made, please get in touch immediately so we can look at simply moving the date for you. If we are unable to satisfy your request and you are outside of cancellation penalty deadlines, no fee will be levied and we will offer you a full refund.
If you have to amend a booking and you are within cancellation penalty deadlines, the original booking is deemed to be cancelled and a new booking made. The applicable cancellation fee will be charged for the original booking, and full payment required to secure the new booking. If “The Company” is able to re-sell the space on the original tour, the cancellation fee will be refunded. There is no time frame in which a refund must be processed. “The Client” enters into this contract knowing there is a possibility “The Company” may not be able to re-sell the space at short notice.
Cancellation by “The Company”
“The Company” reserves the right to make changes to our itineraries or cancel any trip, including a guaranteed trip, at any time prior to departure if something beyond our control deems it necessary. Such events include (but are not limited to) natural disasters, political instability, terrorism, weather, cultural conditions, ill health or other external events. “The company” will contact affected parties at the earliest opportunity.
If “The Company” cancels your trip on which you are holding a fully paid booking, you may choose between an alternative trip or a full refund. The company is not responsible for any incidental expenses that you may have incurred as a result of your booking. If the alternative trip chosen is of a lower value than that originally booked, “The Client” is entitled to a refund of the price difference. If the alternative tour chosen is of a higher value, no additional payment applies.
Please be aware that if you have booked through a third party like a travel agent, their cancellation policy and terms and conditions may differ to our own. Please check their terms and conditions, including cancellation policy, as they will apply.
No refund will be made if you voluntarily leave a trip for any reason. This includes refund of accommodation, transport, sightseeing, activities, meals or services not utilised.
Please make us aware of any dietary requirements when making your booking. We will do our best to cater for vegetarian, vegan, gluten free etc. If you have a severe food allergy please also make that known to us at the time of booking. In all cases the guest must accept responsibility for their own health and wellbeing. “The Company” will not be held liable for any ill health of a guest due to their consumption of food or beverages which pose a hazard to their health.
Health & Safety
While we can accommodate most levels of fitness on our tours “The Company” reserves the right to refuse any guest if we are not completely satisfied that it is practicable and safe for them to participate. Guests must advise if they have any COVID symptoms, physical conditions or concerns that may affect their safety or enjoyment of our tours. All guests must wear seat belts and follow all reasonable instructions given by our staff before, during and after the tour. Passengers are responsible for the safety and protection of their own personal possessions at all times.
NOTE: “The Company” is unable to cater for infants on any of its tours and will not accept a booking accordingly. All children participating in a tour must be capable of wearing a seatbelt unaided. All tours have inherent risks involved. By booking a tour with “The Company” you agree that you understand and accept the risks of the tour and agree to participate accordingly.
“The client” accepts that “The Company” is not responsible for any injury or damage incurred during the tour or a third parties tour/activity/ attraction either booked by “The Company” or that makes up part of “The Company’s” tour and agree to participate at their own risk. Some of “The Company’s” tour program operates in areas that may be remote, have rapidly changing and sometimes extreme weather, have undulating and sometimes steep terrain. While all safety precautions are taken, it is “The clients” responsibility to ensure they have brought with them appropriate clothing and have the appropriate fitness to participate. “The client” must advise “The Company” of any health or fitness issues that may affect their ability to participate on their booked tour/activity or may pose a risk to others. This should be done within 24hrs of making a booking with “The Company” via email to firstname.lastname@example.org . Any concerns “The Client” has should be discussed with “The Company” prior to participation on the tour, by which stage it may be too late to consider alternatives for “The Client”.
Limitation of liability
“The Company” contracts with a network of companies, government agencies and third parties in the running of our tours, acting in the capacity of ‘agent’. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
· any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a tour, or any breach of the Booking Conditions, is excluded;
· you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a tour; and
· any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion):
(i) the provision of a similar trip to an equivalent value; or
(ii) a refund of the total amount received by us for your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
We work in collaboration with highly reputable local service providers. These partners are all passionate about the activities they operate and offer the same high standards as we do. If any issues arise during our tour, including poor service, uncourteous or dangerous behaviours from a partner service provider, please let us know immediately.
Minimum and Maximum Numbers
As is normally the case with group tours, a minimum number of bookings are required for a tour to be financially viable and to have a pleasant group atmosphere. In the event that adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and to offer the nearest possible alternative date, service or full refund. The date on which the decision is made whether a tour will operate is 20 working days before the scheduled departure date.
In the event of a breakdown or other unforeseen circumstances, “The Company” reserves the right to substitute vehicles other than those specified to ensure the continued operation of a tour. “The Company” restricts its maximum group number on any tour to 11 guests, plus driver/guide. In the case of Tesla Tours the maximum is 3 guests, but there is no minimum.
Media and Photography
You agree that “The Company” or third-party’s contracted by “The Company” may utilise camera’s, audio or video equipment and associated media, that could capture you whilst a member of a tour. Media may include devices that capture your image, likeness, voice or performance during the course of your tour. These may be used by “The Company” for any promotional and/or downloadable material including but not limited to brochures, adverts, and social media without obtaining any further consent or payment in respect of such photographs, films and other media.
The images may be altered, modified, changed, combined or incorporated into other works. You have a right to request access to the images and to correction of those images to ensure they are complete and not misleading. However, you acknowledge that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for “The Company” to make any changes. Therefore, you authorise “The Company” to refuse the request to correction in such circumstances.
Any comments, reviews or posts made by members on tour will also be able to be used by “The Company” without obtaining any further consent or payment in respect of such content.
Pricing and payment:
All our prices are quoted in New Zealand Dollars (NZD) and include local tax, referred to as goods and services tax (GST) which is currently 15%. There is no surcharge for payment by credit card for any of “The Company’s” tours. This does not apply to third party service providers and suppliers who may from time to time provide additional services to “The Client”.
Our tour prices are subject to variable and seasonal pricing, both of which are standard practice within the tourism industry. This means our tour prices may vary at any time in accordance with demand, market conditions and availability.
Any personal information that we collect about you may be used for any purpose associated with the operation of a tour or to send you marketing material in relation to our tours and further services. Information provided will not be passed on to third parties, unless required to do so by law.
Responsibilities & Expectations
We want all our guests to have the very best experience possible, and a great time on tour. Whilst our demeanour is warm, friendly and approachable, our service at all times should be professional and informative. We expect the same of the service providers and attraction hosts we visit during our tour. If you feel like you are not getting that experience, or your enjoyment of the tour is being affected by someone else’s bad or inconsideration behaviour, we ask that you let us know at the time so we can attempt to remedy the situation.
“The Company” does not tolerate any form of verbal or physical abuse of its personnel or guests. If a guest is deemed to be abusive or threatening to members of the tour group, including staff, “The Company” reserves the right to refuse to allow them to continue the tour. In such a case “The Company” will not be liable for any refund, compensation or any additional costs incurred by the offender.
“The Company” cannot accept liability for the behaviour of others on your tour nor if any activities are curtailed as a result of their actions. There may be times when “The Company” or third-party providers have to make a decision in the interests of safety. It is a condition of booking that you comply with the authority and decisions of the appointed representative of “The Company”.
Smoking & Vaping
Government regulations forbid smoking and vaping in tourist coaches. Restaurants, cafes and many other public and private businesses strictly prohibit smoking and vaping, in and sometimes around, their premises. We as “The Company” forbid smoking and vaping on our vehicles, for the comfort and consideration of all our guests.
"The Company" reserves the right to use an alternative vehicle (without prior notice) than is advertised due to any unforeseen circumstances, including health and safety or mechanical reasons.
“The Company” will pick up and drop off guests from most major central city accommodation. We ask that guests be waiting in the lobby prior to the stated pick up time to avoid any delays. For cruise ship guests we will confirm where you should be waiting in a further email upon confirmation of your booking. For guests staying outside of the central city, a meeting point will be advised, where you will be required to be, at the appointed time. Please be aware that due to events beyond our control, such as heavy traffic congestion and roadworks within the city, our tour departure or arrival times, may on occasion, be affected.