CUSTOM TOUR

TERMS AND CONDITIONS

A confirmation of acceptance of the terms and conditions upon customers' purchases. This can be achieved through either of the following,

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"),


The parties agree as below:

1.Payments

1.1 The Deposit must be paid on execution of these terms and conditions. The balance of the Tour Price is payable by the Customer on or before the Payment Date. If the balance of the Tour Price is not paid by the Payment Date, the Company reserves the right to treat the booking as cancelled. If a booking is made on or after the Payment Date, 100% of the Tour Price is payable upon booking.

1.2 All prices are quoted in New Zealand dollars and include local Goods and Services Tax of 15%.

1.3 If any amount payable by the Customer pursuant to these terms and conditions is not paid on the due date then the Customer agrees to pay interest on such amount at the rate of 15% per annum for the period from the relevant due date until payment is made. Interest will be calculated on a daily basis without prejudice to any of the Company's rights and remedies under these terms and conditions. Any expenses, disbursements and legal costs incurred by the Company in the enforcement of any rights contained in these terms and conditions shall be paid by the Customer (including any reasonable solicitors fees or debt collection agency fees).

2.Cancellations, Refunds and Amendments

2.1 All cancellations must be received in writing. If the Customer cancels his or her Tour, the Company will, subject to any deductions required by clause 2.2, refund the Customer's payments in the following manner. For the avoidance of doubt the percentages referred to in this clause are a based on the balance of the Deposit available subject to any deductions provided for in clause 2.2:

(i) Where the Deposit only has been paid and notification of cancellation is received:

a. more than 60 days prior to the departure date – 50% of the Deposit is refundable; or

b. within 60 days prior to the departure date – none of the Deposit is refundable.

(ii) If full payment of the Tour Price has been made and notification of cancellation is received:

a.more than 60 days prior to the departure date – 90% of the Tour Price is refundable;

b.within 30-60 days prior to the departure date – 80% of the Tour Price is refundable;

c.within 8-29 days prior to the departure date – 30% of the Tour Price is refundable; or

d.within 7 days prior to the departure date – none of the Tour Price is refundable.

(iii) No refund is available for cancellation after the Tour has commenced.

(iv) Any refund in respect of any Tour, or any product or service which forms part of a Tour and is not utilised will be at the discretion of the particular Supplier.

2.2 Each Supplier may levy its own additional cancellation fees. These cancellation fees are the sole responsibility of the Customer. The Company may deduct such cancellation fees from the Deposit or Tour Price which has been paid by the Customer.

2.3 The Customer acknowledges that the Company is not able to provide a refund (if applicable) to the Customer until such time as it is reimbursed the funds from the relevant supplier. Accordingly, the Company shall make payment of any applicable refund at its soonest possible convenience following its recovery of such fund from the relevant supplier.

2.4 The Company reserves the right for its guides to refuse to carry any Customer for any reason whatsoever at the Company's sole discretion.
2.5 The Company reserves the right to alter the Tour itinerary or accommodation in the event of unforeseen circumstances (such as extreme weather and road closures) beyond its reasonable control.
2.6 The Company is not liable and bears no responsibility for costs incurred by the Customer in relation to onward travel alterations, delays or any activities that have been booked to start after the termination of the Tour.
2.7 Should a Customer wish to amend his or her itinerary after confirmation, an amendment fee of NZ$100 per booking will apply, in addition to any Supplier amendment and/or cancellation fee. All amendments are on a request basis and are subject to availability. A Supplier may consider an amendment to be a cancellation, which may incur a 100% cancellation fee in which case clause 2.2 above will apply.

3.Waiver of Claims, Release of Liability, Assumption of Risk and Indemnity

From the Customer to the Company (and for the purposes of this clause 3 the "Company" includes its shareholders, officers, employees, agents, representatives, guides, instructors, independent contractors, subcontractors and all other persons in any way involved or connected with the Tour and their successors and assigns):

3.1 I accept that the Tour involves risks, dangers and hazards which involve the possibility of physical risks greater than those encountered in daily life. I accept that these risks, dangers and hazards involve the possibility of personal injury, emotional trauma, death, property damage and loss, which may affect my family, my friends and me. Knowing the risks, I still wish to participate in the Tour and I freely accept and fully assume all such risks, dangers and hazards, however caused.

3.2 I declare that I am physically fit and have no condition or injury that could be affected by participating on the Tour.
3.3 I consent to receive any medical treatment which may be deemed necessary by the Company in the case of accident, injury or illness during the course of the Tour and I also agree to indemnify the Company in respect of such medical treatment.
3.4 I authorise the Company to collect, retain and use any information about me for the purpose of the Company's procedures in the event of an emergency or for assessing my creditworthiness and/or enforcing any rights under these terms and conditions. I authorise the Company to disclose any information obtained to any person for the purposes set out in this clause. The authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
3.5 I acknowledge that compensation for death or personal injury suffered by accident within New Zealand is limited to that available under the Accident Rehabilitation and Compensation Insurance Act 1992 which provides specified statutory compensation in replacement of and in exclusion of common law rights.
3.6 In consideration of the Company permitting my participation on the Tour, I agree:

(a) To waive any and all claims that I have or may have in the future against the Company arising out of or in relation to any aspect of my participation on the Tour.

(b) To release, indemnify and hold harmless the Company for any loss, damage, expense, mental or physical injury including death that I may suffer or that my next of kin may suffer directly or indirectly as a result of my participation on the Tour, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of the Company and/or any other person associated with the Company in relation to, and including the failure on the part of the Company to safeguard or protect me from the risks, dangers and hazards of the Tour.

(c) To release, indemnify and hold harmless the Company for any and all liability, damages, costs and expenses suffered by any other person as a result of my participation on the Tour or my other acts or omissions.

(d) To follow the instructions and protocols of the Company at all times.
(e) In the event of my death or incapacity, I acknowledge that these terms and conditions will be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.

(f) By entering into these terms and conditions, I am not relying on any oral or written representations or statements made by the Company with respect to the safety of the Tour, other than what is contained in these terms and conditions.

3.7 The Company bears no responsibility for individual Customer satisfaction.

3.8 The Company bears no responsibility for the action or inaction of any hotel staff, activity provider or associated personnel.
3.9 Insofar as the Company may be liable notwithstanding this clause 3, to the extent permitted by law the total liability of the Company whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising directly or indirectly out of the provision of the Tour or any other breach of the Company's obligations is limited to the lesser of the Tour Price payable by the Customer or the direct loss or damage suffered by the Customer. The Company shall not be liable for any indirect or consequential loss suffered by the Customer. The Company shall not be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on it within 6 years from completion of the Tour.

4.General Matters

4.1 It is the Customer's responsibility to ensure that he or she has a valid passport, visa and re-entry permit which meets the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the Customer's sole responsibility. All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport.

4.2 The Company strongly recommends that the Customer takes out travel cancellation and repatriation insurance in addition to personal accident or medical emergency insurance. The Company also recommends the Customer has a travel insurance policy which includes personal belongings cover for the replacement cost of stolen, lost or damaged belongings.
4.3 The Customer acknowledges that it will be liable for all costs, fines and other penalties associated with any act or omission of the Customer (including without limitation any penalty imposed due to a Customer smoking in "non-smoking" designated accommodation or the costs of fighting any fire caused by the Customer (whether such fire is started deliberately or accidentally)).
4.4 The Company and the Customer shall attempt in good faith to settle any dispute by mediation.

4.5 In the event that any one or more of the provisions contained in these terms and conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these terms and conditions.
4.6 The Company shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its reasonable control. Failure by the Company to enforce any of the terms and conditions shall not be deemed to be a waiver of any of the rights or obligations of the Company.
4.7 These terms and conditions are binding on, and for the benefit of, the successors of the Customer and the successors and assigns of the Company. The Customer confirms that he or she has read and understood these terms and conditions prior to signing them, and he or she is aware that by signing these terms and conditions he or she is waiving certain legal rights which the Customer or his or her heirs, next of kin, executors, administrators, assigns and representatives may have against the Company.

5.Governing Law

5.1 These terms and conditions are governed by New Zealand law and the New Zealand courts have exclusive jurisdiction in respect of these terms and conditions.
If you have any questions about our T&C's or if you would like to make an inquiry then please send us a message below.
Cloud Travel | create@cloudtravel.co.nz | 8 Rotherham Street, Christchurch | +64 (03) 348 6688
 

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