Body: Terms & Conditions - Kiwi Excursions

All prices listed in New Zealand Dollars, and include all local taxes.

 

Terms & Conditions

Kiwi Excursions bookings are subject to the following Terms:

  1. Acceptance of Terms
    1.1 You acknowledge & warrant to Kiwi Excursions that you have accessed, read & accept these terms by making a booking with Kiwi Excursions.
  2. Contracting Party
    2.1 Any reference to Kiwi Excursions in these Terms means Tauranga Tourism Services Limited being your Kiwi Excursions representative company.
  3. Price & Currency
    3.1 All prices quoted in the relevant Kiwi Excursions brochures and websites are in New Zealand Dollars unless otherwise stated.

3.2 GST is included in all prices quoted in New Zealand in Kiwi Excursions brochures & online, unless specified otherwise.

3.3 All prices are subject to currency fluctuations. Kiwi Excursions reserves the right to amend without notice any prices in Kiwi Excursions brochures & online.

3.4 Any price changes applicable to your booking will be promptly notified to you by Kiwi Excursions. The Price of your tour or other travel arrangements shall not change after the date on which payment has been made in full by you in relation to your booking.

3.5 Current valid prices will be advised on request & confirmation by way of invoice when your booking is made.

  1. Deposit
    4.1 In the case of Kiwi Excursions day tours, shore excursions and individual admissions, tickets etc, payment is made in full at the time of booking.

4.2 In the case of Kiwi Excursions multiday coach tours, Except as otherwise specified in these Terms, a deposit of 10% is required at the time of booking Excursions and the issue of our confirmation invoice will be confirmation of your contract with Kiwi Excursions and acceptance of these Terms.

 

  1. Final Payment (multi day coach tours only)
    5.1 Except as otherwise specified in the Terms, the balance of the Price of your booking shall become due and payable not less than 60 days prior to your travel departure date.

5.2 Subject to availability, reservations may be made right up to your travel departure date, provided that, the Price of any bookings made within 60 days of your travel departure date must be paid in full at the time of booking.

  1. Inclusions & Exclusions
    6.1 The Price of your booking shall cover only those items specified by Kiwi Excursions in writing at the time of your booking (or any variation thereto).

6.2 Without limitation, unless specified otherwise by Kiwi Excursions in writing, the Price of your booking shall not cover any additional airline fees or charges, travel agent fees and charges, charges for excess luggage, personal services, gratuities, laundry, personal accident and medical expenses and incidental expenses including all communication charges, all of which are your sole responsibility.

  1. Surcharges
    7.1 Any Price quoted by Kiwi Excursions may be subject to surcharges for increases in costs such as fuel, credit card fees, Government action or adverse currency fluctuations.

7.2 If such surcharges result in an increase of more than 10% of the initial quoted Price for your tour or other travel arrangements, you may cancel your booking and shall be entitled to a full refund of all amounts paid in respect of such booking (excluding insurance premiums, Variation Fees and Additional fees (as applicable)), provided that notice of cancellation is provided to Kiwi Excursions within 14 days of the date of the amended invoice issued by Kiwi Excursions.

7.3 No surcharges shall be added to the Price of your tour or other travel arrangements after the date on which payment has been made in full by you in relation to your booking.

  1. Special Requests
    8.1 All special requests & meal requirements must be advised to Kiwi Excursions in writing at least 14 days prior to departure.

8.2 Special room & dietary requests will be passed on to the hotels, venues and tour operators but cannot be guaranteed.

  1. Additional Fees
    9.1 Late booking: Kiwi Excursions may, at its sole discretion, charge an additional fee of AU$50 on any booking made within 15 days of your travel departure date to cover additional processing costs incurred by Kiwi Excursions.

9.2 Document reissue: A fee of AU$50 will apply to any reissue and dispatch of travel documents by or on behalf of Kiwi Excursions to you (or any other person covered by your booking).

  1. Specialist Tours & Special Events
    10.1 When specialised products are included in your tour or other travel arrangements, the balance of the Price of your booking shall become due and payable at least 75 days prior to your travel departure date.

10.2 Where bookings relate to a period in which special events are due to take place in New Zealand, bookings may be subject to additional or varied terms and conditions (including with respect to cancellation policies, deposit requirements, payment and surcharges), as advised by Kiwi Excursions from time to time.

  1. Variations & Cancellations By Kiwi Excursions
    11.1 Kiwi Excursions reserves the right to vary any tour or other travel arrangement at any time up to and following your travel departure date. You will be notified promptly of any such variation.

11.2 If a variation results in a substantive change to your itinerary (as determined by Kiwi Excursions), you will have the option of:

(a) continuing with the varied tour or other travel arrangements without a reduction in Price;
(b) accepting any alternative arrangements offered to you by Kiwi Excursions (in which case any difference in price will be payable by you or refundable by Kiwi Excursions (as applicable));
(c) purchasing another available holiday from Kiwi Excursions (in which case any difference in price will be payable by you or refundable by Kiwi Excursions (as applicable)); or
(d) cancelling your booking whereby you will be given a full refund of all amounts paid to Kiwi Excursions in respect of such booking (excluding insurance premiums, Variation Fees and Additional fees (as applicable)), provided that notification of your decision to cancel is received in writing by Kiwi Excursions no later than 14 days from the date on which Kiwi Excursions notified you of the substantive change to your itinerary.

11.3 Kiwi Excursions reserves the right to cancel any booking at any time up to the travel departure date. You will be notified promptly of any such cancellation.

11.4 If cancellation is made prior to the departure of your tour, the responsibility of Kiwi Excursions is to only refund to the passenger the amount received for the reservation (excluding insurance premiums, Variation Fees and Additional fees (as applicable)). Where possible, Kiwi Excursions will endeavour to re-book the tour for an alternative departure date or a similar tour. Kiwi Excursions will not be held responsible for airfares purchased online or through a travel agent.

  1. Variations & Cancellations By You
    12.1 From the date of confirmation of your booking, any variations (for any reason) to your booking requested by you shall incur a fee of NZ$50 payable at the time that such variation is requested.

12.2 In the Case of Multi Day Coach Tours, Except as otherwise specified in these Terms, in the event of cancellation of a booking by you, the following cancellation fees shall apply.

(a) after bookings have been confirmed by Kiwi Excursions and up to 45 days prior to your travel departure date, a cancellation fee of NZ$150 per person will apply.

(b) between 44 and 21 days prior to your travel departure date, 20% of the total Price will apply;
(c) between 20 and 11 days of your travel departure date, 50% of the total Price will apply; and
(d) within 10 days of your travel departure date, 100% of the total Price will apply.

12.3 In the Case of Half Day or Full Tours & Excursions & Experiences, Except as otherwise specified in these Terms, in the event of cancellation of a booking by you, the following cancellation fees shall apply.

(a) Cancellation at least 30 days prior, 100% refund;

(b) Cancellation at least 15 and 29 days prior, 75% refund;

(c) Cancellation between 14 and 7 days prior, 50% refund; and

(d) Cancellation less than 7 days no refund.

 

12.4 Cancellation fees are payable to Kiwi Excursions immediately upon confirmation of cancellation by you (conveyed either verbally or in writing to Kiwi Excursions directly or to your travel agent). Kiwi Excursions may set off any amounts it holds in respect of your booking against cancellation fees owed to Kiwi Excursions pursuant to these Terms.

  1. Delays To Travel
    13.1 Kiwi Excursions does not incur any liability for airfares purchased by travel agents or clients online via the internet.

13.2 Kiwi Excursions does not incur any liability for tours that are missed, shortened or altered due to cruiseships that have arrival times, departure times or dates changed at late notice or are otherwise disrupted due to weather, port operations, strike action or any other force majeure or acts of god.

13.2 In the unlikely event that a tour is cancelled, Kiwi Excursions will not be held responsible for fees applicable to reissuing or changing flights.

  1. Passport & Visa Requirements
    14.1 You are solely responsible for all passport and/or visa requirements for travel to and from New Zealand (if applicable).

14.2 Kiwi Excursions shall take no responsibility for, and have no liability in respect of, any loss or damage suffered by you (or any person covered by your booking) as a consequence of any failure by you (or any other persons covered by your booking) to fulfil the requisite passport and visa requirements.

14.3 For more information on New Zealand’s passport and visa requirements, please visit the Immigration New Zealand website at www.immigration.govt.nz.

  1. Health Requirements
    15.1 Payment of your deposit to Kiwi Excursions (directly or through your travel agent) shall constitute a warranty by you that you (and any other persons covered by your booking) are sufficiently fit and healthy to undertake the relevant tour or other travel arrangements. As part of this warranty, you agree to indemnify Kiwi Excursions for any actions, claims and demands arising out of any health issues arising on or after the completion of your tour or other travel arrangements.

15.2 Kiwi Excursions reserves the right to remove any person from any of its tours or cancel or vary any travel arrangements where Kiwi Excursions considers, in its sole discretion, that such person is not sufficiently fit and healthy to undertake the relevant tour or other travel arrangements.

  1. Minors
    16.1 Passengers under the age of 16 must be accompanied by a parent or guardian at all times during the tour.

16.2 Passengers under the age of 18 may not participate in Alcohol related tours – such as wine tasting, beer tasting, pub tours, etc.

  1. Safety
    17.1 You must follow all Kiwi Excursions Tour crew instructions at all times to ensure tour safety. You acknowledge that any failure to do so may result in restricted access to areas on the tour or withdrawal from the tour (at Kiwi Excursions’ discretion).
  2. Luggage
    18.1 For multiday tours (including accommodation) Kiwi Excursions asks You to keep luggage down to one medium sized suitcase (a medium sized suitcase is approximately 36″ x 18″ x 10″) weighing no more than 44lbs (20kg) but a small holdall can also be taken on board the coach.

18.2 For half day & full day tours & shore excursions, one carry on item is permitted.

18.2 Kiwi Excursions does not accept responsibility for loss or damage to luggage unless it established that it is caused by the negligence of Kiwi Excursions. This includes overnight stops where even though the vehicle and luggage holds are locked and secured, Kiwi Excursions cannot be held responsible for any luggage left overnight in the vehicle. Should loss or damage occur, you may be able to claim through travel insurance (except for luggage left overnight in the vehicle).

  1. Smoking
    19.1 Smoking is not permitted on coaches, hire vehicles, aircraft, in any bars or cafes in New Zealand or in any other place notified by Kiwi Excursions from time to time.
  2. Holiday Duration (multi day tours only)
    20.1 The first and last day of your holiday itinerary are travelling days and therefore depending on flight arrival / departure times, may not necessarily be whole days.
  3. Refunds
    21.1 Please note that no refund shall be made for any unused portion of any itinerary. Any alteration to the holiday, made by a traveller(s) shall be wholly at the expense of that traveller(s).

21.2 Product and service providers are unable to authorise any refund on Kiwi Excursions’ behalf.

  1. Travel Insurance
    22.1 Kiwi Excursions highly recommends that comprehensive travel insurance is purchased at the time of booking. Cancellation fees charged by Kiwi Excursions will not be waived under any circumstances where travel insurance may have covered you.
  2. Liability
    24.1 Responsibility: You acknowledge and agree that Kiwi Excursions accepts no responsibility and will not be liable to you or any third party for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with:

(a) any risks or other aspects of any tour or other travel arrangement notified to you by or on behalf or Kiwi Excursions (in these Terms or otherwise);
(b) any change to your itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of any tour or other travel arrangement;
(c) any loss or damage to your baggage;
(d) any personal injury or death resulting from the acts or omissions or negligence of any third parties providing goods or services to you during your tour or other travel arrangements including, without limitation, air carriers, hotels, restaurateurs, transportation providers and/or medical personnel; or
(e) any loss of enjoyment by you due to circumstances outlined in these Terms or otherwise beyond Kiwi Excursions control.

24.2 Total liability: Notwithstanding any other provision of these Terms, and to the maximum extent permitted by law, Kiwi Excursions’ maximum liability to you or any third party (including any claims of negligence on the part of Kiwi Excursions) is limited to the amounts actually paid by you with respect to your booking (excluding insurance premiums, Variation Fees and Additional fees (as applicable).

24.3 Consequential loss: Kiwi Excursions will not be liable for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses even if Kiwi Excursions has been advised of their possible existence and even if such loss, damage or expense is caused by Kiwi Excursions negligence.

24.4 Indemnity: You agree to indemnify Kiwi Excursions for any loss or damage suffered by Kiwi Excursions as a result of, or in connection with, any breach of these Terms or any negligence or wilful default, by you (or any other person covered by your booking).

24.5 Force Majeure: Kiwi Excursions shall not be liable for any delay or for any failure to fulfil its obligations under these Terms (or any service obligations to you) if the failure or delay arises directly or indirectly from or as a consequence of any Force Majeure Event.

  1. Accident Compensation Scheme
    25.1 You acknowledge that New Zealand has a no fault law and claims are handled by the Accident Compensation Commission (“ACC”) pursuant to governing legislation, including the Accident Compensation Act 2001. Because of the wide range of help available from ACC after an injury, you can’t sue for personal injury in New Zealand, except for exemplary damages.

25.2 Should you require additional cover outside that provided by ACC, then you should organise your own cover direct. Kiwi Excursions is not obliged to take out any such additional cover on Your behalf.

  1. Warranties
    26.1 To the extent permissible at law, all express or implied warranties, representations, or Terms are expressly excluded from any goods or services provided to you (or any other person covered by your booking) by Kiwi Excursions. Where the law implies any condition or warranty which cannot be excluded, Kiwi Excursions ‘liability for such implied condition or warranty is limited, at Kiwi Excursions ‘sole discretion, to one of the following:

(a) in the case of damage to or loss of any property, the repair or replacement of such property; or
(b) in the case of services, the resupply or such services or a refund for such services.

  1. Hotels & Transportation
    27.1 The carriers (including airlines, rail and sea carriers) and accommodation providers (including hotels) used in association with any tours or other travel arrangements are not responsible for statements in any Kiwi Excursions brochure and the conditions of sale of each carrier or accommodation provider (as applicable) constitute a separate contract between you and such carrier or accommodation provider (as applicable). Kiwi Excursions accepts no responsibility for, or liability in respect of, any goods or services provided under or in connection with any such contract.
  2. Complaints
    28.1 Any problems that occur whilst on a tour or other travel arrangement must be submitted in writing to The Manager at Kiwi Excursions at the earliest opportunity, and in no event later than 30 days after returning from such tour or other travel arrangement. Failure to comply with this complaints procedure shall result in forfeiture by you of any potential claim against Kiwi Excursions with respect to such complaint.
  3. General
    29.1 These Terms may be subject to amendment by Kiwi Excursions from time to time.

29.2 You shall not assign or purport to assign (whether in whole or in part) any of your rights or interests under these Terms or any booking with Kiwi Excursions without the prior written consent of Kiwi Excursions.

29.3 The failure of Kiwi Excursions to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Kiwi Excursions future right to enforce that provision.

29.4 Additional terms and conditions may apply to your booking and will be advised by your Kiwi Excursions representative at the time of booking (or variation thereof).

29.5 All prices specified in any brochure are gross amounts and, unless agreed by Kiwi Excursions, no itemised costings will be provided.

29.6 If a dispute arises between you and Kiwi Excursions in connection with any booking and/or these Terms, the parties undertake in good faith to use all reasonable endeavours to settle the dispute by way of good faith negotiations.

29.7 If any provision of these Terms is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from these Terms without affecting the validity of the remainder of the Terms and shall not affect the enforceability, legality or application of any other provision of these Terms.

29.8 You authorise Kiwi Excursions to contact any source in order to check, exchange or provide information relating to you for the purpose of providing services to you. Kiwi Excursions will only use the personal information you provide or it obtains from other sources in connection with the provision of services to you. You may request, at any time, to have access to the personal information held by Kiwi Excursions about you and to request the correction of that personal information.

29.9 The Terms are governed by the laws or New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

29.10 These Terms constitute the entire agreement between the parties and about its subject matter and any previous agreements, understandings and negotiations on that subject matter have no effect.

  1. Illustrations
    30.1 All photographs in any brochure produced by Kiwi Excursions illustrate genuine events and places. Their use or particular positioning should not be interpreted as confirmation that those events and places will necessarily be seen on the relevant tour. Any questions in this regard should be directed in writing to The Manager prior to the finalisation of travel arrangements.
  2. Definitions
    Additional Fees means the fees specified in clause 10.

Force Majeure Event means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to any tour or other travel arrangements.

GST means as applicable, any goods and services or value added tax, at the rate prevailing from time to time and includes any reassessment thereof.

Other travel arrangements means any travel plans (not defined as a “tour”) in respect of which Kiwi Excursions have provided services (for example, any independent holiday or vehicle hire).

Price means the price quoted by Kiwi Excursions for any tour or other travel arrangement (or amendment thereof) in the relevant booking confirmation (or amendment thereof).

Terms means these terms and conditions and, for the avoidance of doubt, includes any additional terms and conditions relating to your booking as advised by your booking agent at the time of booking.

Tour means any coach or other special tour organised by Kiwi Excursions.

Travel departure date means, in respect of any tour or other travel arrangement, the first date in which pre-booked arrangements made by Kiwi Excursions commence.

Variation Fee means the fee payable in accordance with clause 13.1 (as applicable).