Terms And Conditions – New Zealand
1. Contracting party
1.1 Any reference to Kirra, Kirra Tours or Kirra Holidays in these Terms means Kirra Tours Limited being your Kirra representative company.
2. Price and currency
2.1 All prices quoted in the relevant Kirra brochure are in New Zealand dollars. Where conversion to another currency is necessary it will be at a rate of exchange advised by your booking agent.
2.2 All prices specified in any Kirra brochure shall be subject to change at any time by Kirra. Any price changes applicable to your booking will be promptly notified to you by Kirra, provided that, 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.
3.2 If your deposit is not received in full by Kirra by the due date, reservations may be cancelled by Kirra without notice.
4.1 Except as otherwise specified in the Terms, the balance of the Price of your booking shall become due and payable not less than 45 days prior to your travel departure date.
4.2 Subject to availability, reservations may be made right up to your travel departure date, provided that, the Price of any bookings made within 45 days of your travel departure date must be paid in full at the time of booking.
5. Payments to travel agents
5.1 Payments made to your travel agent will not be taken as payment to Kirra until such time as Kirra receives such payments (in full) from your travel agent. Kirra takes no responsibility, and shall have no liability in respect of, any failure by your travel agent to make payment of any amounts to Kirra by the relevant due date for payment.
6. Inclusions and exclusions
6.1 The Price of your booking shall cover only those items specified by Kirra in writing at the time of your booking (or any variation thereto).
6.2 Without limitation, unless specified otherwise by Kirra in writing, the Price of your booking shall not cover airport arrival/departure taxes or any other airline fees or charges, travel agent fees and charges, charges for excess luggage, personal services, gratuities, laundry, drinks, meals, pre-travel documentation, personal accident and medical expenses and incidental expenses including all communication charges, all of which are your sole responsibility.
7. Surcharges
7.1 Any Price quoted by Kirra may be subject to surcharges for increases in costs such as transportation in 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 Kirra within 14 days of the date of the amended invoice issued by Kirra.
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.
8.1 Late payment: Kirra may, at its sole discretion, charge an additional fee of $50 with respect to any late payment of any Fees payable by you to Kirra to cover additional processing costs incurred by Kirra.
8.2 Late booking: Kirra may, at its sole discretion, charge an additional fee of $50 on any booking made within 15 days of your travel departure date to cover additional processing costs incurred by Kirra.
8.3 Document reissue: A fee of $50 will apply to any reissue and dispatch of travel documents by or on behalf of Kirra to you (or any other person covered by your booking).
9. Special events
9.1 Notwithstanding any other provision in these Terms, 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 Kirra from time to time.
10. Specialist tour additional payment obligations
10.1 When treks, bicycle tours and more 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.
11. Variations by Kirra
11.1 Kirra 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 Kirra), 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 Kirra (in which case any difference in price will be payable by you or refundable by Kirra (as applicable));
(c) purchasing another available holiday from Kirra (in which case any difference in price will be payable by you or refundable by Kirra (as applicable)); or
(d) cancelling your booking whereby you will be given a full refund of all amounts paid to Kirra 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 Kirra no later than 14 days from the date on which Kirra notified you of the substantive change to your itinerary.
12. Cancellation by Kirra
12.1 Kirra 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.
12.2 Kirra shall be have no liability whatsoever for any cancellation of a booking, tour or other travel arrangement except to the extent that any amounts paid by you with respect to your booking shall be refunded by Kirra (excluding insurance premiums, Variation Fees and Additional fees (as applicable)).
13. Variation by you
14. Cancellation by you
(a) after bookings have been confirmed by Kirra and up to 45 days] prior to your travel departure date, a cancellation fee of $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.
14.2 For Motorhomes cancelled within 45 days of your travel departure date, additional charges (over and above the cancellation fees listed in clause 13.1) may be payable by you to cover vehicle down time and repositioning fees.
(a) after booking confirmation by Kirra, $150;
(b) 75 to 30 days prior to the travel departure date, 50% of the total Price will apply;
(c) 29 days or less prior to the travel departure date, 100% of the total Price will apply.
14.4 Cancellation fees are payable to Kirra immediately upon confirmation of cancellation by you (conveyed either verbally or in writing to Kirra directly or to your travel agent). Kirra may set off any amounts it holds in respect of your booking against cancellation fees owed to Kirra pursuant to these Terms.
15. Refunds
15.1 From the travel departure date cancellations or unused services/vouchers are not refundable and cannot be authorised by Kirra or any travel agent or other service provider.
16. Hollyford Track
(a) an additional deposit of $100 per person (over and above the deposit payable under clause 2.2 is payable at the time of confirmation of your booking; and
(b) the balance of the Price of your booking shall become due and payable 75 days prior to your travel departure date.
17. Motorhome and other vehicle hire
17.1 Insurance, accident and fuel bonds apply to vehicle hire and such bonds shall be subject to change by Kirra without notice.
17.2 Notwithstanding any other provision of these Terms, vehicle hire during special events (as notified by Kirra from time to time and, includes the period between 1 September 2011 and 23 October 2011) shall be subject to the following additional terms and conditions:
(a) a minimum hire period of 14 days shall apply to any booking;
(b) a 30% deposit shall be payable at the time of booking;
(c) payment of the balance of the Price of your booking shall become due and payable at least 100 days prior to your travel departure date;
(e) no refunds will be given for any reductions in the length of hire after payment of the deposit;
(g) name changes of the hirer are not permitted. Any purported name changes will be treated as a new booking and will be subject to availability and these Terms;
17.3 Kirra shall use reasonable endeavours to provide you with the vehicle requested and/or booked by you, but reserves the right in the event of unavailability of a vehicle (for any reason) to provide a comparable vehicle at no extra cost. The layout of the substitute vehicle may differ from that of the vehicle requested.
17.4 Vehicle specifications and features illustrated in any brochure are indications only and are subject to change as new vehicles are introduced into the fleet.
17.5 All traffic infringements incurred in any hire vehicle are your sole responsibility and your credit card details will be retained by Kirra until all traffic infringement notices (if any) incurred by you in the hire vehicle have been settled with the relevant New Zealand authorities. Kirra may charge you an additional NZ$30 administration fee for each traffic infringement notice issued to you.
17.6 Kirra reserves the right to pass on details of your home contact to the relevant New Zealand authorities for the purposes of collection of any traffic infringement fines.
17.7 Animals are not permitted on any vehicle booked through Kirra.
17.8 You are solely responsible for driver licensing requirements. The hire of any vehicle through Kirra is subject to all persons proposing to drive the vehicle fulfilling the necessary New Zealand driver licensing requirements.
18. Ski tours
18.1 New Zealand ski areas provide reports on current snow and weather conditions. Kirra shall not, under any circumstances, be responsible for, or have any liability in respect of, prevailing conditions or ski field closures.
19. Golf tours
19.1 Your green fee supplement is added to your self drive package and includes pre-booked tee times and electric carts where available and based on two players in each electric cart. A single supplement may be applicable to cart hire.
19.2 Due to maintenance, local/international competitions or other reasons outside of Kirra control, the included golf courses may not be available for your specific day of play. Kirra will, in each such instance, use reasonable endeavours to provide you with an alternative course for play at such times.
20. Passports and visa requirements
20.1 You are solely responsible for all passport and/or visa requirements for travel to and from New Zealand (if applicable).
20.2 Kirra 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.
21. Health requirements
21.1 Payment of your deposit to Kirra (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 Kirra 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.
21.2 Kirra reserves the right to remove any person from any of its tours or cancel or vary any travel arrangements where Kirra considers, in its sole discretion, that such person is not sufficiently fit and healthy to undertake the relevant tour or other travel arrangements.
22. Luggage
22.1 Kirra 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. Kirra does not accept responsibility for loss or damage to luggage unless it established that it is caused by the negligence of Kirra. This includes overnight stops where even though the vehicle and luggage holds are locked and secured, Kirra cannot be held responsible for any luggage left overnight in the vehicle. Should loss or damage occur you may be able to claim through the holiday insurance provided with Your holiday (except for luggage left overnight in the vehicle)
23. Minors
23.1 Passengers under the age of 16 must be accompanied by a parent or guardian at all times during any tour.
24. Smoking
24.1 Smoking is not permitted on coaches, hire vehicles, in any bars or cafes in New Zealand or in any other place notified by Kirra from time to time.
25. Illustrations
25.1 All photographs in any brochure produced by Kirra 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.
26. Safety
26.1 You must follow all Kirra 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 Kirra discretion).
27. Holiday duration
27.1 The first and last day of your holiday itinerary are travelling days and therefore depending on flight arrival/departure times, may not necessarily be a whole days.
28. Travel insurance
28.1 Travel insurance is not included in the Price of your booking but is strongly recommended and provides protection against most legitimate reasons for cancellation. Talk to your travel agent about travel insurance.
29. GST
29.1 GST is included in all prices quoted in Kirra brochures, unless specified otherwise.
30. Complaints
30.1 Any problems that occur whilst on a tour or other travel arrangement must be submitted in writing to The Manager at Kirra 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 Kirra with respect to such complaint.
31. Hotels and transportation
31.1 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 Kirra 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) and Kirra accepts no responsibility for, or liability in respect of, any goods or services provided under or in connection with any such contract.
32. Warranties
32.1 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 Kirra. Where the law implies any condition or warranty which cannot be excluded, Kirra liability for such implied condition or warranty is limited, at Kirra 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.
33. Consumer protection legislation
33.1 [Nothing in these Terms is intended to have the effect of contracting out of the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA and all provisions of these Terms shall be modified to the extent necessary to give effect to that intention.
34. Liability
34.1 Responsibility: You acknowledge and agree that Kirra 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 Kirra (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 Kirra control.
34.2 Total liability: Notwithstanding any other provision of these Terms, and to the maximum extent permitted by law, Kirra maximum liability to you or any third party (including any claims of negligence on the part of Kirra) is limited to the amounts actually paid by you with respect to your booking (excluding insurance premiums, Variation Fees and Additional fees (as applicable)).
34.3 Consequential loss: Kirra 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 Kirra has been advised of their possible existence and even if such loss, damage or expense is caused by Kirra negligence.
34.4 Indemnity: You agree to indemnify Kirra for any loss or damage suffered by Kirra 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).
34.5 Force Majeure: Kirra 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.
35. Accident Compensation Scheme
35.2 Should You require additional cover outside that provided by ACC, then You should organise your own cover direct. Kirra is not obliged to take out any such additional cover on Your behalf.
36. General
36.1 These Terms may be subject to amendment by Kirra from time to time.
36.2 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 Kirra without the prior written consent of Kirra.
36.3 The failure of Kirra to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Kirra future right to enforce that provision
36.4 Additional terms and conditions may apply to your booking and will be advised by your Kirra representative at the time of booking (or variation thereof).
36.5 All prices specified in any brochure are gross amounts and, unless agreed by Kirra, no itemised costings will be provided.
36.6 If a dispute arises between you and Kirra 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.
36.7 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.
36.8 You authorise Kirra to contact any source in order to check, exchange or provide information relating to you for the purpose of providing services to you. Kirra 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 Kirra about you and to request correction of that personal information.
36.9 These Terms constitute the entire agreement between the parties about its subject matter and any previous agreements, understandings and negotiations on that subject matter have no effect.
36.10 These Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
37. Definitions
Additional Fees means the fees specified in clause 8.
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 in terms of A New Tax System (Goods and Services Tax) Act 1999 (Cth - Australia) or the Goods and Services Tax Act 1985 (New Zealand) or the VAT Act 1994 (and VAT Regulations 1995) (UK), 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 Kirra have provided services (for example, any independent holiday or vehicle hire).
Price means the price quoted by Kirra 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 Kirra.
travel departure date means, in respect of any tour or other travel arrangement, the first date in which pre-booked arrangements made by Kirra commence.
Variation Fee means the fee payable in accordance with clause 12.1 or 16.2(f) (as applicable).
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