Te Puna Wai Tours Terms and Agreements
1. Contract conclusion
With verbal or written registration (i.e the booking from the customers) in which Te Puna Wai Tours (Ltd) can execute, a binding contract exists between the customer and the organiser. Through the booking, the customer acknowledges the general business conditions as part of the contract between themselves and the organiser Te Puna Wai Tours Ltd.
2. Object of the agreement
Te Puna Wai Tours Ltd assumes responsibility for providing the requested service as described in the advertisements or in the confirmation order. Any extra costs will be borne by the customer. Te Puna Wai Tours Ltd reserves the right to make changes or cancel arrangements due to weather conditions. Tours may be canceled or moved if we do not have the required number of participants prior to departure.
3. Prices
The effective prices for the offered activities can be drawn from the current advertisements from the organiser. The prices on the brochure, website or by quote (unless otherwise stated) are quoted per person in New Zealand Dollars and include GST. Prices are subject to change.
4. Terms of payment
Individual booked activities are to pay the required deposit sent on confirmation of booking. The remaining sum is to be paid before the commencement of the trip by EFTPOS, cash, or bank transfer. Note: Credit or international card transactions may hold a 2.51% surcharge on top of the total price. Schools and groups will be invoiced immediately after the trip, payment will be due on the 20th of each month. In the event of an untimely payment, the organiser reserves the right to refuse the activity or withdraw from the contract. The resulting cancellation costs will be charged to the customer in accordance to number 5. This is based on the number of registered participants at the time of withdrawal from the contract or refusal of services.
5. Cancellation or Contract Modification by the Customer
Cancellations of contracts must be in writing. Cancellations are only valid after consulting with the organiser and obtaining their agreement. The confirmation email must be attached and returned at this time via email.
In the event of a complete cancellation, the following percent of the arranged deposit or full costs (depending on booking) will be charged to the contracting party:
For individuals:
7 days before the activity: Full Refund!
6-3 days before the activity: 50%
48 hours or less before the activity: 100%
In the event of a partial cancellation of a group reservation (reduction of the number of participants) the following percent of the arrangement costs will be charged per person to the contracting party:
7 days before the activity: 20%
48 hours or less before the activity: 100%
The customer is not entitled to a refund in the event of a later start or an early departure from the activity.
No refund is made if payment is made on Credit Card.
For groups:
4 weeks before the trip: Full Refund/ No Fee!
3 weeks before the trip: 40%
2 weeks before the trip: 50%
1 weeks or less before the trip: 100%
Covid Cancellation Clause:
This clause becomes active in the event of a cancellation by a group due to the New Zealand Governments' alert level covid system. This clause may overrule the above cancellation policies at the discretion of the company and organiser. The company withholds the right to activate this clause at any time.
If the booking party(ies) cancel due to Covid, without relevance to the latest current Government and/or national alert system guidelines, the cancellation fees remain the same as outlined above in these Terms and Agreements.
If the cancellation is due to the latest current Government and/or national alert system guidelines, the following cancellation fees apply:
4 weeks before the trip: Full Refund/No Fee!
3 weeks or less before the trip: Loss of earnings fee as outlined below:
Guides and Instructors: Hours of proposed work X Instructor wage of $25ph Administration and Planning: Hours of planning X Admin Wage of $25ph
6. Cancellation or Change of Contract by the Organiser
A minimum number of participants are required for certain programs. The organiser reserves the right to withdraw from the contract also on short notice. If the fulfillment of a contract is not possible at another time or if the customer cannot take part in the alternative services offered, any paid fees will be refunded minus charges for services rendered. Further damage claims are not possible. The organiser reserves the right to cancel the program on short notice if participants cause the fulfillment of a contract to be endangered or made impossible by their behavior, their omissions, or other actions. In this case, the regulation of the cancellation costs applies in accordance with number 5. If a program or parts of a program cannot be carried out due to safety concerns by the organiser, official regulations, strikes or uncertain weather and natural conditions, the organiser reserves the right to cancel or cut short the activities on short notice. Paid fees will be returned minus charges for services rendered, any expenditures and the handling fee. Please note that a danger-free completion of the activity is in everyone’s interest. All decisions made by the activity leaders are final. The organiser expressly reserves the right to modify the program. The organiser will strive for an equivalent service replacement.
7. Conditions of Participation, Obligations of the Participant
Good health is necessary in order to take part in all activities. The participants are obligated to inform the organiser of any possible health problems. Under no circumstances may participants take part in the activities while under the influence of alcohol, drugs, psychiatric drugs or any similar substances. The participants are obliged to fulfill the conditions of participation and agree to strictly follow the instructions of the organiser, the guides, the activity leader, and the assistants. If the Conditions of Participation are not fulfilled or if instructions are disregarded, the organiser reserves the right to prohibit participation. Good health is necessary in order to take part in all activities. The participants are obligated to inform the organiser of any possible health problems. Under no circumstances may participants take part in the activities while under the influence of alcohol, drugs, psychiatric drugs or any similar substances. The participants are obliged to fulfill the conditions of participation and agree to strictly follow the instructions of the organiser, the guides, the activity leader, and the assistants. If the Conditions of Participation are not fulfilled or if instructions are disregarded, the organiser reserves the right to prohibit participation.
- Participants agree to receive any emergency, dental, or surgical treatment as considered necessary by the medical authorities present while undertaking Te Puna Wai Tours activities.
- I understand the New Zealand Accident Compensation scheme provides only limited assistance to visitors in New Zealand. Any medical costs not covered by ACC or a community service card will be paid by the participants.
- Participants agree to receive any emergency, dental, or surgical treatment as considered necessary by the medical authorities present while undertaking Te Puna Wai Tours activities.
- I understand the New Zealand Accident Compensation scheme provides only limited assistance to visitors in New Zealand. Any medical costs not covered by ACC or a community service card will be paid by the participants.
8. Appeals
Should the activity lead to appeals or damages, these are to be communicated immediately, in writing, to the activity leader (i.e. activity provider), and these are to be confirmed in writing by the responsible leader. The activity leader, however, shall not have the right to acknowledge claims, for which reason a confirmation shall not have the effect of an acknowledgment of wrongdoing. The activity leader (i.e. Te Puna Wai Ltd) will make every effort, within the confines of the program and the possibilities available, to remedy the situation. Should the situation be insufficiently remedied or not be remedied, or the participant wishes to make damage claims, these must be received by the organiser within four weeks of the contractual end of the activity at the booking agency. The participant’s appeal is to be accompanied by the confirmation of the activity provider/activity leader as well as any other relevant evidence. In the case of delayed complaints or complaints with omissions during the activity or delayed submissions of the claims at the booking agency, all appeals will be deemed invalid. I agree that these terms and agreements, and the signing of the Te Puna Wai Ltd Risk Acknowledgment, Disclaimer, and Medical Form contractually binds myself, my successors, my executors, administrators, heirs, and next of kin; and assigns that should I or any of my successors, executors, administrators, heirs, next of kin or assigns assert a claim in contravention of the signed waiver, the asserting party shall be liable for all the expenses (including legal fees on a solicitor-client basis) incurred by the other party or parties in defending the claim.
9. General liability
Damage claims against Te Puna Wai Ltd are excluded, as far as the damage was not caused by negligence or intentionally. Te Puna Wai Ltd is authorised to have assistants or call on third parties to provide valued services. Should Te Puna Wai Ltd lawfully transfer the execution of the activity to a third party, they shall not be held responsible for the third party’s actions or neglect during the execution of the activity. The organiser will especially not be held responsible for damages which are caused by the actions or neglect of the activity leader should this conduct not fall under his/her contracted responsibility; as cause of actions of third parties, other participants, the participant (especially under point 1), natural occurrences, official regulations, etc. Should the participant not follow the instructions of the organiser, activity leader, etc, all liability of the organiser is dropped.