PRIVATE DRIVER GUIDE

TERMS AND CONDITIONS

PRIVATE DRIVER/GUIDE AGREEMENT


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"),


1.Waiver of Claims, Release of Liability, Assumption of Risk and Indemnity
    1.1 I accept that the products and services I am purchasing from the Company (whether directly or through a sales agent appointed by the Company) ("the Products and Services") involve 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 purchase the Products and Services and I freely accept and fully assume all such risks, dangers and hazards, however caused.

    1.2 I declare that I am physically fit and have no condition or injury that could be affected by purchasing the Products and Services.

    1.3 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 supply of the Products and Services to me and I also agree to indemnify the Company in respect of such medical treatment.

    1.4 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 this agreement. 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.

    1.5 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.

    1.6 In consideration of the Company permitting my purchase of the Products and Services, 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 purchase of the Products and Services.

    (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 purchase of the Products and Services, 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 Products and Services.

    (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 purchase of the Products and Services 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 this agreement will be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.

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

    1.7 The Company bears no responsibility for individual Customer satisfaction.

    1.8 The Company bears no responsibility for the action or inaction of any hotel staff, activity provider or associated personnel.

    1.9 Insofar as the Company may be liable notwithstanding this clause, 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 Products and Services or any other breach of the Company's obligations is limited to the lesser of the total price payable by the Customer for the Products and Services 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 supply of the Products and Services to the Customer.

    2. General Matters
    2.1 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.

    2.2 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.

    2.3 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)).

    2.4 The Company and the Customer shall attempt in good faith to settle any dispute by mediation.

    2.5 In the event that any one or more of the provisions contained in this agreement 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 this agreement.

    2.6 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 of this agreement shall not be deemed to be a waiver of any of the rights or obligations of the Company.

    2.7 This agreement is binding on, and for the benefit of, the successors of the Customer and the successors and assigns of the Company.

    2.8 The Customer confirms that he or she has read and understood this agreement prior to signing it, and he or she is aware that by signing this agreement 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.

    2.9 For the purposes of this document, 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 Products and Services and their successors and assigns.

    3. Governing Law
    3.1 This agreement is governed by New Zealand law and the New Zealand courts have exclusive jurisdiction in respect of this agreement.
    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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