WILD KIWI
BOOKING CONDITIONS

 

These Booking Conditions, together with our privacy policy and where your tour is booked via our website, our website terms of use (if any) together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with:

 

  1. Navigate Group Limited, a company registered in New Zealand, with company number: 5855462 and registered office address of Level 2, 29 Hargreaves Street, St Marys Bay, Auckland; or
  1. NTG Australia Pty Limited, with company number: 87631 890 072 and registered office address of Bentleys Newcastle, Level 1, 241 Denison Street, Broadmeadow NSW 2292,

both companies trading as “Wild Kiwi” and wildkiwi.com (“we”, “us”, “our”).

 

Where your tour will principally take place in New Zealand, your contract is with Navigate Group Limited. Where your tour will principally take place in Australia, your contract is with NTG Australia Pty Limited.

 

Please read these Booking Conditions carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made and any other person to whom a booking is added or transferred.

 

The first named person on the booking must ensure that he/she and all persons named on the booking, and any other person to whom a booking is added or transferred (and where such a person is a minor, their parent or legal guardian), have read, understood and accepted these Booking Conditions. By making a booking, the first named person represents to us that they have complied with this requirement.

 

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

 

  1. he/she has read these Booking Conditions and has the authority to, and does, agree to be bound by them;
  2. he/she consents to our use of personal information in accordance with our privacy policy (as published on our website) and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of personal information (such as information on health conditions or disabilities and dietary requirements);
  3. he/she is (or as at the departure date will be) over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
  4. he/she accepts financial responsibility for payment of the booking and any other payment obligations on behalf of all persons detailed on the booking.

 

1. Booking & Paying For Your Arrangements

 

A booking is made with us when you pay us the required deposit (or full payment if you are booking within [8] weeks of departure) and we issue you with a booking confirmation. Unless advised otherwise, the deposit is non-refundable. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.

 

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than [8] weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which we will retain your deposit payment as a cancellation charge.

 

2. Your Booking

 

Your booking confirmation will detail what is included in your booking. You will also be able to book additional activities, however these are provided by third party suppliers and are not included in your booking. Whilst we may offer to facilitate booking such additional activities for you, your contract for these additional activities will be with the relevant operators providing the activity on whose behalf we may act as agent. The additional activities do not form part of your booking with us and we accept no liability or responsibility whatsoever in relation to those additional activities.

 

3. Insurance

 

You must take out comprehensive travel insurance prior to commencing your tour. You should be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness, personal belongings and money. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

 

4. Pricing

 

We reserve the right to amend the price of advertised bookings prior to the issue of a booking contract and correct errors in the prices of confirmed bookings at any time.

 

Furthermore, the price of your confirmed booking is subject at all times to changes arising from government action such as changes in GST or any other government imposed changes, and changes in the exchange rates of currency, and we reserve the right to pass on to you any increases in the price of your confirmed booking as a result.

 

We endeavour to ensure that all the information and prices both on our website and in our itineraries and the marketing material are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

 

5. Jurisdiction and Applicable Law

 

These Booking Conditions and any agreement to which they apply are governed in all respects by the laws of the country in which the tour principally takes place. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of New Zealand or Australia only.

 

If any provision of these Booking Conditions is or becomes invalid or unenforceable then that provision will be deemed to be deleted. However that provision will not affect the remainder of the contract which will remain in full force and effect subject to any modifications which are deemed necessary by the deletion of the invalid or unenforceable provision(s).

 

6. Curtailment

 

If you are forced to return home early, we cannot refund the cost of any arrangements you have not used. If you cut short your booking and/or return home early , we will not offer you any refund for that part of your arrangements not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

 

7. If You Change Your Booking

 

If you wish to change any part of your booking after our booking confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of $[20] per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the start date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 8.

 

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

8. If You Cancel Your Booking Before Departure

 

If you or any other member(s) of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.

 

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

 

Period before departure in which you notify us Cancellation Charge
Cancellation more than [8] weeks prior to your departure date Deposit only
Cancellation less than [8] weeks but more than 6 weeks prior to your departure date Deposit plus administrative charge of $400 per person;
Cancellation less than 6 weeks prior to your departure date 100% of your booking cost

    

Please note that amendment charges (if applicable) are not refundable in any circumstances.

 

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

 

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

 

We will comply with our obligations under Consumer Law in relation to the services provided, and nothing in these Booking Conditions should be interpreted as attempting to exclude, restrict or modify the application of any such rights which you may have thereunder.

 

9. If We Change or Cancel

 

If due to circumstances beyond our control it becomes necessary to substitute a vehicle, accommodation or activity, or make any other alterations to your booking or the itinerary, we shall inform you of the changes as soon as possible. We reserve the right to make any such substitutions or changes where reasonably necessary. Depending on the circumstances, you may have to pay an additional cost due to such changes. If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept such changes then you may cancel your booking and we will give a refund of all money you have paid to us.

 

We may in exceptional circumstances be required to cancel your booking, in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. You may be able to claim such expenses or losses under your insurance policy.

 

Very rarely, we may be forced by “Force Majeure” (see clause 10) to change or terminate all or some of your arrangements after your booking has been confirmed or after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result, except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance.

 

10. Force Majeure

 

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, “Force Majeure” means any event beyond our or our supplier’s reasonable control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (or threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s reasonable control.

 

Due to the types of arrangements being provided, your booking may be affected by weather conditions and other such factors outside our and our suppliers’ control. Accordingly, we cannot be held liable and will not pay any refunds or compensation where your tour is affected by such factors, including where this results in an alteration to your itinerary, including a reduction in the length of your tour, or where this otherwise affects the enjoyment of your tour.

 

11. Special Requests  

 

Any special requests must be advised to us at the time of booking, including any health or physical limitations, dietary requirements or allergies. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled and under no circumstances do we accept any liability or responsibility if they are not fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to a supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

 

Please note:

 

  • Pets are not permitted on the tour.
  • Luggage restrictions can be found on our website, or are as set out in your booking confirmation.
  • Your tour will depart from a designated departure point, as set out in your booking confirmation. You are responsible for making travel arrangements to the departure point and ensuring that you are at the departure point on time.
  • We will endeavour to accommodate reasonable drop off requests at the end of the tour, however we make no guarantees that we will be able to and you remain responsible for making travel arrangements from any designated drop-off point. Any drop off requests should be communicated to us as soon as possible, but in any event must communicated to us no later than [2] weeks before the departure date.

 

12. Disabilities and Medical Problems

 

We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, you are expected to provide us with full details before or at the time you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

 

13. Complaints

 

We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your tour, please inform your tour guide immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us via email on [sales@wildkiwi.com] or by calling our office on [NZ: +64 9 973 5676 or AU: +61 2 9133 8646].

 

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your tour, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and could affect your rights under this contract.

 

Any complaints in relation to privacy should be made in accordance with our privacy policy, which can be found on our website.

 

 

14. Your Behaviour

 

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of your tour guide or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to any vehicle or other property, or a delay or diversion to any transportation, or is acting in a manner that is contrary to any relevant laws or regulations, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave the tour and your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds will be made and we will not pay any expenses or costs incurred as a result of termination.

 

You and/or your party may also be required to pay for or otherwise account for any costs, loss and/or damages caused by your actions. We will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party, and by accepting these Booking Conditions you agree to indemnify and hold us harmless against any such costs, damages or losses, including (without limitation) all costs, damages or losses (whether direct or indirect) arising from any third-party actions taken against us in connection with your participation on one of our tours. Unless we agree otherwise, full payment for any such costs, damages or losses must be paid directly to us prior to you leaving the tour, and we may require that a bond or credit card details be retained to cover any such costs, damages or losses, and by accepting these Booking Conditions, you authorise us to make any deductions from the same as may be required to cover any such payment. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions, together with all costs we incur in pursuing any claim against you.

 

You are advised to consume alcohol responsibly whilst on your tour and alcohol consumption is entirely at your own risk. We do not accept any responsibility for any accident, act or omission which occurs as a result of excessive or irresponsible alcohol consumption by you or any member of your party.

 

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

 

15. Our Responsibilities

 

  • We will comply with our obligations under Consumer Law. In relation to third party or independent suppliers of the services making up your booking with us, we will endeavour to select those suppliers with reasonable skill and care. Except as may be prescribed by Consumer Law or Health and Safety Law, we have no liability to you for the actual provision of the services any third parties may provide, and you acknowledge and accept that we are not in control of any services provided by third party or independent suppliers. You are expected to make your own enquiries in respect of any risks associated with the tour and you are deemed to take part in the tour at your own risk.
  • We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
    • the acts, omissions and/or failure of the person affected; or
    • the acts, omissions and/or failure of a third party unconnected with the provision of the services contracted for under these Booking Conditions; or
    • any act, omission and/or failure by any employee(s) if they were not acting in the course of their employment carrying out the duties they were contracted to do with us; or
    • any act, omission and/or failure by another member of the public who is on one of our tours; or
    • Force Majeure (as defined in clause 10).
  • To the extent permitted by law, we limit the amount of compensation we may have to pay you if we are found liable under this clause as follows:
  1. loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the lesser of $500 or the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
  2. claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to twice the price paid by you. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
  • It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
  • Where any payment is made in respect of a claim, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. You must co-operate fully with us and/our insurers should we or our insurers wish to enforce those rights which have been assigned to us by you.
  • If you make a claim against us which is covered by your insurance policy, you agree to pursue the claim through your insurer either in addition to, or in substitution for, your claim against us (if any).
  • Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you..
  • We will not accept responsibility for services or facilities which do not form part of your booking as specified on your booking confirmation. For example any additional activities (regardless whether or not it is booked through us), or any service or facility which your accommodation or any other supplier agree to provide to you directly.
  • Under no circumstances will we be responsible or held liable for any indirect or consequential costs, loss or damages of any kind, howsoever caused.

 

16. Additional Activities

 

Additional activities or other tours that you may choose to book or pay for are not part of your contracted arrangements with us. For any additional activity or other tour that you book (regardless whether or not it is booked through us), your contract will be with the operator of the activity or tour and not with us. We are not responsible for the provision of the additional activity or tour or for anything that happens during the course of its provision by the operator.

 

17. Passport, Visa and Immigration Requirements & Health Formalities

 

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances. Requirements do change and you must check the up to date position in good time before departure.

 

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

 

18. Conditions of Suppliers

 

Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned, and you are required to comply with those terms and conditions as they relate to your booking.

 

19. Local laws and policies

 

You are responsible for making yourself aware of the laws and other requirements of the country in which your tour will take place, as well as any advice in regard to the safety of the country and areas in which you will be travelling, and to make your decisions accordingly.

 

New Zealand [and Australia] have unique requirements in relation to environment and conservation, and relatively strict health and safety policies. You are required to comply with any policies or instructions in relation to same at all times during your tour, and failure to do so will be deemed a breach of these Booking Conditions.

 

20. Marketing

 

We use real people on our tours for any images we may have on our website, brochures, advertising materials, promotional materials and general publicity. If you have an objection to any photographs or videos of you on our tour being used by us in this manner, please make your objection known to us before or during the tour. Unless you make such objection known to us, by accepting these Booking Conditions you will be deemed to have consented to any photographs or videos of you being used by us in such a manner, free of any consideration or restriction, but otherwise in accordance with our privacy policy.

 

Any photographs or videos on our website, brochures or other advertising or promotional material are examples only. Unless explicitly stated otherwise (and subject to clause 9), we make no guarantee that your tour will involve any of the same accommodation, vehicles, landmarks or activities that may be depicted in those photographs or videos.

 

21. Definitions and Interpretation

 

“Consumer Law” means the applicable consumer law(s) of the country governing this contract, and with respect to New Zealand, includes the Fair Trading Act 1986, Consumer Guarantees Act 1993 and the Contract and Commercial Law Act 2017 (or any legislation in substitution for those Acts), and with respect to Australia, includes Australia Consumer law.

 

“Health and Safety Law” means the health and safety law of the country in which the tour will take place, and with respect to New Zealand, includes the Health and Safety at Work Act 2015, and with respect to Australia, includes Work Health and Safety Act 2011

 

Unless stated otherwise, all monetary amounts are stated in the local currency of the country in which the tour will principally take place and are inclusive of GST. Accordingly, if the tour is to principally take place in New Zealand, all monetary amounts are to be interpreted as having been stated in New Zealand Dollars and if the tour is to principally take place in Australia, all monetary amounts are to be interested as having been stated in Australian Dollars.

 

The singular includes the plural and vice versa.

 

22. Miscellaneous

 

To the extent permitted by law, we may vary these terms from time to time with the variation becoming effective as soon as we provide you with notice of the variation.

 

The termination, expiry or completion of your booking or contract with us does not operate to terminate any rights or obligations under these Booking Conditions which are, by their nature, intended to survive termination or expiration, including without limitation, rights or obligations in relation to loss, damage and indemnity.