1 Acknowledgement and agreement
1.1 By instructing us to make a booking for Services on your behalf you acknowledge that you understand and agree with these terms and conditions (Terms) which apply to any bookings for Services you make with Ahipara Limited (we, us, them, they) whether in person, by phone, email or by any other means of communication.
2.1 We arrange various travel related services (Services) as agent on your behalf with transportation, accommodation, tour and other service providers (Suppliers).
2.2 We are not ourselves a provider of Services and have no control over, or liability for, the Services provided by Suppliers. We do not make any representations or warranties whatsoever in relation to the Services (including their nature, content, quality, timeliness, legal compliance or fitness or suitability for any particular purpose or customer). Your legal rights in connection with the provision of Services are against the specific Supplier and, except to the extent a problem is caused by fault on our part, are not against us.
2.3 All bookings made on your behalf are subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by the Suppliers. Copies of the relevant Supplier terms and conditions for the Services should be requested from the relevant Supplier.
2.4 If for any reason (excluding fault on our part) any Supplier is unable to provide the Services for which you have contracted, your rights (including those of recovering payments) are against that Supplier and not against us.
3.1 All prices are subject to availability and can be withdrawn or varied at any time without notice. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include, but are not limited to adverse currency fluctuations, fuel surcharges, taxes, supplier tariff increases, and airfare increases.
3.2 Prices will be quoted in New Zealand dollars and include GST (if relevant), unless specifically stated otherwise. 3.3 Our management fee is calculated based on the value of the Services required by you at the time that your Services are confirmed under clause 4.1. You acknowledge and agree that the management fee is non-refundable, even in circumstances where the Services required by you change following payment.
4.1 To confirm the Services required by you, you will pay a non-refundable booking fee of 25% of the total cost of the Services. The balance of the payment for the Services is required by you 10 weeks before the commencement of the Services or such earlier date required by any Supplier.
4.2 Failure to pay all amounts due by the specified due date may result in cancellation of the relevant booking(s), in which case we may retain any deposit paid by you and you will be liable for any applicable cancellation fee.
4.3 Surcharges apply to credit card payments and these may be 2.5%, 3.5% for payment by American Express, or more, of your payment depending on the card you use to make your purchase.
4.4 You authorise us to charge all fees incurred by you in relation to the Services provided to your nominated credit card. If payment is not received from the card issuer or its agent for any reason, you agree to pay us all amounts due immediately on demand.
4.5 Payment by cash or direct credit: funds are required to be deposited as cleared funds in our designated bank account at least 24 hours prior to final payment due date to allow time for cleared funds to appear in our Bank Account. Please include your invoice number as a reference.
5 Amendment and cancellation
5.1 We, or Suppliers, may amend or cancel bookings from time to time: (a) to correct errors; (b) if you fail to comply with your obligations under these terms or any applicable Supplier terms and conditions; (c) for reasons outside our (or the Supplier's) control (including, but not limited to, as a result of Covid-19); or (d) as otherwise required by Suppliers (including if any minimum booking numbers are not achieved).
5.2 We will notify you as soon as practicable after we become aware of any cancellation of, or what we consider to be significant changes to, your bookings.
5.3 If any significant change is made by us or a Supplier for reasons other than those referred to in paragraphs 5.1(a), (b) or (c) above, you may either accept the change or request a cancellation and/or a re-booking of alternative Services. We will endeavour to accommodate your request, subject to the consent of the applicable Supplier(s).
5.4 If you want to change, defer or cancel any details of your Services booked through us (such as changing to a different Supplier or changing your travel date), including as a result of Covid-19 or other event outside of your control, we will do our best to help but cannot guarantee that changes will be permitted by the relevant Supplier or that any refund will be provided. Requests for a refund of monies paid for any Services booked through us will be governed by the terms and conditions of the relevant Supplier. You should familiarise yourself with the cancellation and refund policy of the applicable Supplier prior to booking. We cannot and will not provide any greater refund than we receive from the applicable Supplier (if any).
5.5 For the avoidance of doubt and notwithstanding clause 5.4, the deposit payable under clause 4.1 and our management fee remain non-refundable in all circumstances.
5.6 Subject to Supplier terms and conditions, where Clients do not attend or are sufficiently late as to be considered not to have attended booked Services then a cancellation fee of 100% of the prices paid for the Services will apply.
5.7 Where we incur any liability for a cancellation fee or charge for any booking which you cancel or amend, you agree to indemnify us for the amount of that fee or charge in addition to any service fee we may charge.
6.1 To the extent permitted by law, neither us or any of our related bodies corporate, directors, employees, brokers or agents accept any direct or indirect liability to you, or any other third parties in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience in relation to the Services or otherwise caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of Suppliers or any of their third party providers or any other party over whom we have no direct control, force majeure or any other event which is beyond our control.
6.2 Where our liability cannot be excluded, our liability is capped at $1000. If the Consumer Guarantees Act 1993 (CGA) applies, these Terms shall be read subject to your rights under the CGA. Where we are arranging Services on your behalf and/or you are acquiring such Services for the purposes of a business (as provided in sections 2 and 43 of the CGA), the CGA shall not apply.
7.1 You acknowledge and agree that it is your responsibility to arrange travel insurance. We strongly recommend that such travel insurance includes cover for cancellation for any reason, including travel disruptions.
8 General terms
8.1 Amendments: We may amend these Terms from time to time by publishing amended Terms on our website.
8.2 Entire agreement: These Terms, including any other booking terms and conditions published on our website or notified to you from time to time, apply to the exclusion of all other terms and constitute the entire agreement between us with respect to the Services.
8.3 Waiver: No delay or failure by us to exercise our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.
8.4 Severability: If a court decides that part of these Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.
8.5 Law: These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have non-exclusive jurisdiction in respect of all matters between us.