OUR TERMS This document sets out the standard terms that apply to you (our passenger) when you join us (World Travellers Elliott) for your Packaged Tour in New Zealand.
ACCEPTANCE OF TERMS AND CONDITIONS
If you book a Packaged Tour with us and pay your deposit, you are deemed to have accepted these terms. We may ask you to sign a copy of these terms when you join your Packaged Tour to provide a record of your acceptance of these terms and you agree to sign these terms on our request.
The itinerary for your Packaged Tour was correct at the time of printing, but it is subject to change without notice. Your itinerary could change due to road or weather conditions, changes imposed by other tour operators or a range of other factors outside our control. You agree that we have no liability to you for changes to your itinerary.
We are responsible for booking and packaging goods and services provided by other operators (“other operators”) such as hotels, attractions, and transportation companies to create your Packaged Tour. We recommend that you familiarise yourself with the terms that will apply to those goods and services. We are not responsible and have no liability to you for the terms of other operators or for any loss, damage, omission or acts, negligent or otherwise, committed by those other operators.
You agree to behave reasonably throughout your Packaged Tour and not to be a nuisance to other passengers. You agree to comply with these terms and the terms that apply to any goods or services supplied to you by other operators. You also agree to comply with our reasonable requests and the requests of other operators. You indemnify us for any liability, costs, damages or other expenses we suffer or incur as a direct or indirect consequence of your behaviour while part of your Packaged Tour.
REMOVAL FROM YOUR PACKAGED TOUR
For the wellbeing of all passengers on your Packaged Tour, we reserve the right to remove you from your Packaged Tour and cancel your booking with us if you breach any of your obligations under these terms provided that, except in the case of a serious breach (as determined by us) we will give you notice of the breach and a reasonable opportunity (which will be no more than 2 days) to remedy the breach before exercising our cancellation right. In the case of a serious breach, we can exclude you from your Packaged Tour and cancel your booking by immediate verbal or written notice to you. In the event of such cancellation, you will be responsible, at your cost, for arranging any accommodation, travel costs and other matters required as a direct or indirect consequence of the cancellation.
All our tours are based on twin/double share. However, if you are a single passenger you are welcome to join us by paying the single supplement cost.
HEALTH AND FITNESS
Passengers should be in good health and able to walk moderate distances to fully participate and experience the sightseeing opportunities within the enclosed itinerary. All passengers are required to acknowledge that they are of reasonable health and are considered to be fit to travel and are not travelling contrary to any medical advice. By acknowledging their health and fitness to participate passengers are indemnifying us from all actions, claims and demands arising out of any lack of health and fitness. We reserve the right to remove a passenger from a tour if their health or fitness interferes with any other passenger’s experiences or the day to day running of the tour. In this instance our normal cancellation terms and conditions will apply. You agree that we have no liability to you for any loss, damage, costs or other effects of health problems you may encounter on your Packaged Tour.
HEALTH AND SAFETY INFORMATION INCLUDING COVID-19
For the health and safety of all passengers on tour any illness (such as fever, coughing or difficulty breathing) will not be accepted onboard the coach unless they can provide us with a negative Covid19 test result received within the past 72 hours. Should any passenger start to feel unwell on arrival or while on tour, they must immediately advise their tour manager and contact Healthline then visit a medical practitioner/medical centre/hospital. To return to the tour the passenger must be deemed fit and well to participate fully on a coach tour, obtaining and providing us with a written medical clearance – not just a negative Covid19 test. Any costs incurred will be at the passenger’s own expense.
We strongly recommend that you purchase a travel insurance policy to cover you during your Packaged Tour. Obtaining good travel insurance is an important part of planning your holiday. A comprehensive travel insurance policy may protect you from spending extra money in the event of an emergency, health problems or unforeseen changes to your Packaged Tour.
Although our prices were correct at the time and date of printing, we reserve the right to amend the price of your Packaged Tour if there are any changes in price imposed by other operators, major fluctuations in exchange rates, or increases in government taxes or other levies. We guarantee that the final price of your Packaged Tour will not change once we have received the final payment required for your Packaged Tour. If you pay your final payment to an agent, our price guarantee will not apply until we receive that payment from your agent. Please note that the price of your Packaged Tour excludes drinks, telephone calls, travel insurance and items of a personal nature.
You agree that we have no liability to you and will not pay any compensation to you where the performance of our contractual obligations is prevented or affected by circumstances amounting to “force majeure”. In these terms, ‘force majeure’ means any event that has an impact on your Packaged Tour which we or the other operator (where relevant) could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, pilferage, epidemics, pandemics, forced quarantine, medical or customs regulations, riot, fire, storm, flood, explosion, compliance with any law or government restraint order, rule regulation, strikes, lock outs, or any other cause not reasonably within the control of our control. We reserve the right to Elliott Travel - Tel: 06 868 4129 183 Gladstone Road, Gisborne firstname.lastname@example.org cancel, amend or reschedule your Packaged Tour during or following any force majeure and if we do so you agree that we will have no liability to you for any direct or indirect consequences of the cancellation, amendment or rescheduling.
You must pay the required deposit outlined within your itinerary to confirm your booking. All balance payments must be received no later than 45 days prior to the commencement of your Packaged Tour.
Due to space limitations aboard our vehicles, you can only bring with you on your Packaged Tour one average-sized piece of checked baggage weighing a maximum of 20kg (44lbs), plus one piece of carry on luggage. If you bring excess baggage with you, we reserve the right to leave that excess baggage behind and you will be solely responsible for arranging and paying for storage of that excess luggage during your Packaged Tour. We will have no liability to you for that excess luggage. Although every effort is made to handle guests luggage carefully, we cannot be responsible, assume liability or accept claims for loss or damage to luggage and personal effects due to breakage, theft, or fair wear and tear through hotel, airline and group carrier handling. Therefore, it is important for protection that passengers make certain they have adequate travel insurance to cover these eventualities.
CUSTOMS, IMMIGRATION AND NEW ZEALAND LAW
It is your responsibility to comply with any New Zealand immigration, customs and/or quarantine regulations when entering New Zealand and to comply with New Zealand laws when in the country. We will not, under any circumstances, have any liability or responsibility to you if you do not comply with any customs and immigration rules and regulations or if you fail to comply with any laws during your Packaged Tour. For example, if your failure to comply with immigration requirements means that you cannot enter New Zealand and commence your Packaged Tour, you will not be entitled to any refund or any other payment from us and our standard cancellation policy will apply.
LIMITATION OF LIABILITY
The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes in New Zealand may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise. Except to the extent that the law prevents us from excluding liability and as expressly provided for in these terms, we shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from Work or Goods provided by us to you. To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these terms or for any other reason, such liability is limited to the price of your Packaged Tour.
LAND COMPONENT CANCELLATION POLICY
By making a booking with us and paying your deposit you agree to pay us the full price for your booking. If you cancel your booking: • 31+ days prior to tour commencement, loss of non-refundable deposit • 15-30 days prior to tour commencement your cancellation charge will be 60% of the holiday price (40% refund) plus any applicable supplier cancellation fees • 8-14 days prior to tour commencement your cancellation charge will be 80% of the holiday price (20% refund) plus any applicable supplier cancellation fees • 0-7 days prior to tour commencement your cancellation charge will be 100% of the holiday price (no refund) No refunds on any unused portions of any itinerary. The exception is if a sightseeing service is cancelled by operator due to weather conditions/safety concerns etc and the operator authorises a refund. Any such refunds will be processed through agent. Please note that any applicable airline content does not apply to the above refunds – see your airline for their specific cancellation/refund policies.
COVID19 CANCELLATION / REFUND POLICY
Covid19 has created uncertainty for us all, therefore for cancellations directly related to Covid19, we have negotiated special terms with our suppliers which would override ‘normal cancellation’ terms as outlined above; If the New Zealand Government imposes travel restrictions that would impact our ability to deliver your travel package prior to commencing travel, passengers will receive a full credit, less any applicable airline cancellation fees. If travel restrictions are imposed while on tour, we will seek credits on any unused portions of the itinerary from all suppliers. Any applicable credits will first be applied to any additional costs that our company may have incurred on the passenger’s behalf e.g. if alternative accommodation or transportation to repatriate the passenger to their home city or nearest airport etc. is required. Any remaining refunds will be credited to the booking agent to enable them to pass onto their passenger. If a passenger has been tested positive for Covid19 directly prior to travel or while on holiday with us, then with supporting documentation provided to us (a positive Covid19 test), we will seek credits on any unused portions of the itinerary from all suppliers. Any applicable credits will first be applied to any additional costs that our company may have incurred on the passenger’s behalf e.g. if alternative accommodation or transportation to repatriate the passenger to their home city or nearest airport etc. is required. Any remaining refunds will be credited to the booking agent to enable them to pass onto their passenger.