Terms & Conditions
1.1 You acknowledge & warrant to Kirra that you have accessed, read & accept these terms by making a booking with Kirra2. Contracting Party
2.1 Any reference to Kirra, Kirra Tours or Kirra Holidays in these Terms means Kirra Tours Limited Partnership being your Kirra representative company.
3. Price & Currency
3.1 All prices quoted in the relevant Kirra brochures and websites are in either Australian Dollars, New Zealand Dollars or Great British Pound. Where conversion to another currency is necessary, it will be at a rate of exchange advised by your booking agent.
3.2 GST is included in all prices quoted in New Zealand & Australian Dollars in Kirra brochures & online, unless specified otherwise.
3.3 All prices are subject to currency fluctuations. Kirra reserves the right to amend without notice any prices in Kirra brochures & online.
3.4 Any price changes applicable to your booking will be promptly notified to you by Kirra. 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.
4.1 Except as otherwise specified in these Terms, a deposit of NZ$200 per person is required at the time of booking. Remaining balance must be paid 90 days prior to departure date.
4.2 If your deposit is not received in full by Kirra by the due date, reservations may be cancelled by Kirra without notice.
5. Final Payment
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 80 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 80 days of your travel departure date must be paid in full at the time of booking.
6. Inclusions & 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 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.
7.1 Any Price quoted by Kirra 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 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. Special Requests
8.1 All special requests & meal requirements must be advised to Kirra in writing at least 45 days prior to departure.
8.2 Special room & dietary requests will be passed on to the hotels but cannot be guaranteed.
9. Additional Fees
9.1 Late booking: Kirra may, at its sole discretion, charge an additional fee of $50 NZD on any booking made within 15 days of your travel departure date to cover additional processing costs incurred by Kirra.
9.2 Document reissue: A fee of $50 NZD 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).
10. 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 80 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 Kirra from time to time.
11. Variations & Cancellations 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.
11.3 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.
11.4 If cancellation is made prior to the departure of your tour, the responsibility of Kirra 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, Kirra will endeavour to re-book the tour for an alternative departure date or a similar tour. Kirra will not be held responsible for airfares purchased online or through a travel agent.
12. 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 AU$50 payable at the time that such variation is requested.
12.2 Except as otherwise specified in these Terms, in the event of cancellation of a booking by you, the following cancellation fees shall apply.
- 0-30 Days before departure: No refund
- 31-59 Days before departure: 50% refund
- 60-80 Days before departure: 80% refund
- 81+ Days before departure: Full refund
12.3 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.
13. Delays To Travel
13.1 Kirra does not incur any liability for airfares purchased by travel agents or clients online via the internet.
13.2 In the unlikely event that a tour is cancelled, Kirra will not be held responsible for fees applicable to reissuing or changing flights.
14. 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 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.
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.
15. Health Requirements
15.1 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.
15.2 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.
16.1 Passengers under the age of 16 are permitted on the Classic Tours but must be accompanied by a parent or guardian at all times during the tour. Minors are not permitted on Platinum Tours.
17.1 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’s discretion).
18.1 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.
18.2 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 travel insurance (except for luggage left overnight in the vehicle).
19.1 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.20. Holiday Duration
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.
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 Kirra’s behalf.
22. Travel Insurance
22.1 Kirra highly recommends that comprehensive travel insurance is purchased at the time of booking. Cancellation fees charged by Kirra will not be waived under any circumstances where travel insurance may have covered you.
23. Consumer Protection Legislation
23.1 Nothing in these Terms will operate to exclude, restrict or modify the application of any of the provisions of the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation in Australia, the exercise of a right conferred by such a provision, or any liability of Kirra for breach of a condition or warranty implied by such a provision, where it is unlawful to do so.
24.1 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.
24.2 Total liability: Notwithstanding any other provision of these Terms, and to the maximum extent permitted by law, Kirra’s 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).
24.3 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.
24.4 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).
24.5 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.
25. 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. Kirra is not obliged to take out any such additional cover on Your behalf.
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 Kirra. Where the law implies any condition or warranty which cannot be excluded, Kirra’s liability for such implied condition or warranty is limited, at Kirra’s 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.
27. 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 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). Kirra accepts no responsibility for, or liability in respect of, any goods or services provided under or in connection with any such contract.
28.1 Any problems that occur whilst on a tour or other travel arrangement must be submitted to Kirra via email 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. Please email [email protected]
29.1 These Terms may be subject to amendment by Kirra 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 Kirra without the prior written consent of Kirra.
29.3 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.
29.4 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).
29.5 All prices specified in any brochure are gross amounts and, unless agreed by Kirra, no itemised costings will be provided.
29.6 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.
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 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 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.
30.1 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.
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 in terms of A New Tax System (Goods and Services Tax) Act 1999 (Cth – Australia), 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 13.1 (as applicable).