Terms and Conditions for Kirra Tours
Traveller Information and Booking Terms & Conditions
Payment to your Travel Agent acknowledges that you have read, understood and accepted these booking conditions.
A deposit of NZ$400 per person is required at the time of booking. The balance of payment, including any merchandise, is due 45 days prior to departure.
All prices are in New Zealand Dollars (NZD) and are subject to currency fluctuations. Kirra reserves the right to amend without notice any prices. Any price changes applicable to your booking will be promptly notified to you. 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. Current valid prices will be advised on request and confirmation by way of invoice when your booking is made. If you have chosen the Hollyford Track guided walk option, the balance of payment shall be due no less than 75 days prior to your travel departure date.Reservations may be made up to the departure date provided that payment is made in full at the time of booking.
Inclusions and Exclusions
The price of your booking shall cover only those items specified by Kirra in writing at the time of your booking (or any variation)
The price of your tour shall not cover airport taxes, airline fees or charges, 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.
All special requests & meal requirements must be advised in writing at least 14 days prior to travel. Special room & dietary requests will be passed on to the hotels but cannot be guaranteed.
Variations and Cancellations by You
From the date of confirmation of your booking, any variations (for any reason) to your booking requested by you shall incur a NZ$50 fee payable at the time of the variation.
In the event you cancel your tour, the following fees apply:
Notice (in days) 45 or more 21 – 44 11 – 20 within 10 days
If you wish to cancel your existing booking and transfer to a new departure date, the above cancellations fees will still apply. No refund shall be made for any unused portion of any itinerary. Any alteration to the holiday, made by the traveller, shall be wholly at the expense of the traveller. If the Hollyford Track guided walk option is selected, an additional NZ$150 per person cancellation fee applies.
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.
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).
Specialist Tours and Special Events
When treks, bicycle tours and more specialised products are included in your tour, the balance of the price of your booking shall be payable 75 days prior to travel departure. 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.
Passport and Visa Requirements
You are solely responsible for all passport and/or visa requirements for travel to and from New Zealand. 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 to fulfill the requisite passport and visa requirements.
Room and Dietary Requests
Health and Fitness
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.
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.
Consumer Protection Legislation
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.
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 of 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, restauranteurs, 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
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).
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.
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)
Force Majeure: Kirra shall not be liable for any delay or for any failure to fulfill its obligations under these Terms (or any service obligations to you) if failure or delay arises directly or indirectly from or as a consequence of any Force Majeure Event.
Accident Compensation Scheme
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 cannot sue for personal injury in New Zealand, except for exemplary damages. 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.
To the extend 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 loss to or loss of any property, the repair or replacement of such property or
b) in the case of services, the resupply of such services or a refund for such services.
Hotels & Transportation
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 responsibililty for, or liability in respect of, any goods or services provided under or in connection with any such contract.
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.
These terms may be subject to amendment by Kirra from time to time.
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.
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.
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).
All prices specified in any brochure are gross amounts and, unless agreed by Kirra, no itemised costings will be provided.
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 endeavors to settle the dispute by way of good faith negotiations.
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.
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.
The Terms are governed by the laws or New Zealand and the parties submit to the non- exclusive jurisdiction of the New Zealand courts.
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.
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