1.0 Interpretation and general
1.1 “We”, “our” or “us” means SOUTHERN JOURNEYS LIMITED
1.2 “Services” means the services undertaken by us as travel agents on your behalf in arranging “package tour” holidays in New Zealand
1.3 "The CGA” means the Consumer Guarantees Act 1993
1.4 You acknowledge that these terms and conditions shall apply to all contracts and transactions between us and you, and that any other conditions, descriptions and representations are expressly excluded. Any addition or variation must be in writing and signed by both of us to be enforceable.
2.1 These terms and conditions shall be the only terms and conditions of the contract between us and you, and shall apply to all transactions between us.
2.2 The contract becomes effective upon your acceptance of the travel package proposal prepared by us and presented to you.
2.3 Any quotation may be withdrawn by us at any time. Quotations otherwise remain open for acceptance for a maximum period of 14 days from the date of quotation and shall then be deemed to be withdrawn.
3.0 Price, forfeiture and price variations
3.1 All prices set out on our website and our quotations are in New Zealand Dollars and include Goods and Services Tax (GST) of 15%.
3.2 You are required to pay us a deposit of 20% immediately upon receipt of our invoice. The invoice will be issued to you upon your acceptance of our travel package proposal.
3.3 We reserve the right to vary our quoted price at any time prior to the payment of the deposit and any variation in price thereafter due to changes in exchange rates, transport, freight, insurance, GST, or circumstances beyond our control between the date of quotation and the date of the tour, are payable by you.
3.4 The balance of the price must be paid not later than 45 days prior to the commencement of the tour. All payments are to be made in New Zealand Dollars by way of electronic banking or credit card. Failure to pay timeously will result in the cancellation of the tour and forfeiture by you of the deposit.
3.5 If you wish to vary the tour booking in any way, you must request it in writing. Any such variation/s may incur additional costs and any additional extras will increase the original contract price. You must pay any such additional costs before the tour commences and you acknowledge that our agreeing to any variations or extras is entirely within our discretion and that we are not obliged to accept any such variations or extras.
3.6 You accept and acknowledge that certain costs are not included in the contract price and remain your responsibility such as the cost of insurances, insurance cover for cancellation, repatriation costs, medical expenses, emergency evacuation, gratuities and beverages, optional meals and any optional excursion not reflected on the booking reservation. Meals are not included in the price unless otherwise stated. We strongly recommend that you take out travel insurance.
3.7 All accommodation prices listed on the website are based on twin/double occupation, unless otherwise specified. Any cost incurred by the hotel resulting from any act or damage to the hotel will be payable by you. We will not be liable for any loss, theft or damage of personal belongings while staying in one of our accommodation options
4.0 Cancellations and refunds
4.1 If you wish to cancel a booked tour, you must notify us in writing and the date of receipt by us of your notice of cancellation will be deemed to be the date of cancellation. Cancellation fees will apply.
4.2 The following are the cancellation fees that will apply:
- Where the date of cancellation is a date 45 days or more before the start of the tour, the cancellation fee will be equivalent to the deposit paid
- Where the date of cancellation is a date 30 to 45 days before the start of the tour the cancellation fee shall be 25% of the contract price
- Where the date of cancellation is a date 7 to 30 days before the start of the tour the cancellation fee shall be 50% of the contract price
- Where the date of cancellation is a date 7 days or less before the start of the tour the cancellation fee shall be 100% of the contract price
4.3 The cancellation fee is due and payable on the date of cancellation and we have the right to take such fees from the deposit or from any other monies paid by you. If payment is not made in full promptly on the due date, you will be liable to pay penalty interest at the rate of 2% per calendar month from the due date until the date those monies are paid in full, together with all or any costs (including solicitor and own client costs) incurred by us in collecting any such payment from you.
4.4 No refunds will be made once travel has commenced, or where you fail to show up at a particular activity/meeting point/accommodation.
4.5 Refunds may be made at our discretion as a result of weather conditions, natural disasters, or lack of availability of services. You accept and agree that there may be some variance in the amount refunded compared to the amount initially charged due to exchange rate fluctuations, and we accept no liability for any such fluctuations or any subsequent card/bank
5.0 Liability and ACC
5.1 Whilst we fully accept our obligations under the CGA and undertake to exercise reasonable care and skill in performing the services we are contracted to perform for you:
5.1.1 You acknowledge that activities such as skydiving, jet boating, bungee jumping, horse riding and any other activities of an adventurous nature, carry inherit risks and that you undertake any such activities entirely at your own risk and will sign all or any indemnities presented to you by our agents or third party operators; and
5.1.2 We shall not be liable in any way if we are unable to perform our obligations as a result of circumstances beyond our reasonable control such as fire, floods, earthquakes, strikes, lock outs, and delays or breakdowns in transport; and
5.1.3 We shall not be liable whether in contract or in tort for any loss or damage resulting from injury or death or theft whilst you are on tour, either in connection with any activities undertaken by you or services performed by any of our employees or agents, or otherwise.
5.2 In the event of any personal injury caused by accident, compensation cover is available through ACC in New Zealand. However, you acknowledge and understand that ACC cannot be sued for personal injury - ACC replaces that right. ACC also only covers treatment costs whilst in NZ and does not count as a replacement for travel insurance.
5.3 For the avoidance of any doubt, we shall not be liable under any circumstances for any consequential, indirect or special damages or loss of any kind whatsoever nor shall we be liable for any damage or loss caused by our agents, contractors or other persons whomsoever.
6.1 You are responsible for carrying valid travel documents, such as passports and visas, and a valid driver’s licence.
6.2 In the event that you are refused entry to New Zealand for whatever reason, no refund will be made.
7.0 Car/Camper rentals
7.1 In the event that the travel package includes the rental of a car or camper, you will be subject to the terms and conditions provided by the rental agency, which terms and conditions will be provided by the agent on its website. It is your responsibility to read and understand those terms and conditions.
7.2 Hire includes unlimited kilometres and basic daily insurance. An excess applies to all rentals. The amount of excess depends on type of vehicle.
7.3 The Excess may be reduced to nil by including Accident Excess Reduction in our quote. You can also purchase excess reduction directly with the rental agency upon arrival.
7.4 All drivers must be 21 years old and over. There is no maximum age for drivers providing they hold a full, valid driver’s licence. All drivers must present a valid full national driving licence which has been held for at least one year and a current International Driving Licence must accompany driving licences issued in a language other than English
8.0 Third party services
8.1 Many activities offered during the tour or which can be booked individually are operated by independent companies. These companies have been carefully selected by us and are well established, professional companies who assume all responsibility for their safety and satisfactory delivery.
8.2 We only act as your agent in procuring these 3rd party services. The third party suppliers are not our agents and we shall not under any circumstances be liable for their acts and omissions
9.0 Special requests/complaints
9.1 We will endeavour to accommodate any special requests made by you provided that you must advise us of any special request at the time of booking, and provided further that we accept no liability in this regard.
9.2 Any complaints that you may have in regard to the services we provide must be made by you in writing, and no later than 30 days after your return home. We will endeavour to resolve any complaint in a timely fashion.
10.0 Governing Law
10.1 These terms and conditions will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have exclusive jurisdiction in respect of all disputes between us arising therefrom