6.4 Documentation. Once we have received payment in full from you, tickets and documentation will be finalised and requested from the Service Provider. Delivery of these tickets and documentation to you is dependent on each Service Provider.
6.5 Ticketing. It is your responsibility to comply with each Service Provider’s ticketing and other terms and conditions. We strongly recommend that you check these details with the Service Provider prior to travel.
6.6 Special requests. Special requests will be passed on to the Service Provider but can never be guaranteed. You should advise us of any special request no later than 7 days prior to your departure.
6.7 Urgent confirmation. If you require urgent confirmation of your bookings and we incur costs in obtaining that confirmation, those costs may be passed on to you.
6.8 Alterations by Service Providers. We do not take responsibility for any change of departure time, booking number or other alterations made by Service Providers, including airlines.
6.9 Amendments and cancellations. Your ability to amend and cancel bookings is dependant on the terms and conditions applied by each Service Provider. Cancelled or amended bookings may incur Service Provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced, especially if tickets need to be re-issued or bookings redocumented. Where we incur any liability for a Service Provider’s amendment or cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. We also reserve the right to charge our own fees for any amendments or cancellations, to cover commissions or other revenue forgone by us as a result of your amendment or cancellation, up to a maximum of 20% of the original cost of the booking.
6.10 Refunds. Refunds will depend on the terms and conditions of each Service Provider. Where you seek a refund for a cancelled booking for which payment has been made to the Service Provider, we will not provide a refund to you until we receive the cleared funds from that Service Provider. Service Provider refund processing times vary and may take many months. Service Providers also often deduct administration fees on refunds.
6.11 Chargeback Indemnity. Where a booking is cancelled and you are entitled to a charge back to us on your credit card, and where we have already paid the sum being charged back, as your agent, to a Service Provider, you will indemnify us as your agent if we cannot recover that charge back amount from the Service Provider within 7 days. We may separately charge the same credit card for this indemnity payment. Where possible we will assist you to try to recover the amount directly from the Service Provider. To avoid the need for chargebacks, we strongly recommend that you make fully refundable bookings where the option is available.
6.12 Service fee. On occasions where we are unable to be remunerated by commission (or similar) from a Service Provider, we reserve the right to charge you a service fee for creating bookings on your behalf.
7. DSICLAIMERS, LIABILITY AND YOUR INDEMNITY
7.1 Individual experience. Travel is an individual experience and opinions and preferences may differ and we cannot take responsibility if this aspect of your booking does not meet your expectation.
7.2 Force majeure. We are not liable to you for any change, delay, suspension or cancellation of any of your bookings that results from an event or situation beyond our or a Service Provider’s reasonable control such as fire, flood, earthquake, storm or other act of God, war or other conflict, hijacking, electronic interference, epidemic or pandemic (including Covid-19 or similar lockdowns or travel restrictions), labour shortages, or failure of a Service Provider.
7.3 Disclaimers. To the extent permitted by law, we (including our officers, directors, employees or agents) shall not be liable for any loss or damage in contract, tort or otherwise (including direct, indirect, consequential or other) which may arise as a result, directly or indirectly from the provision of our services or these Terms unless we have directly caused it through our negligence or a breach of your booking instructions that we have accepted. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, our liability is limited to remedies required under applicable law (including the Consumer Guarantees Act 1993).
7.4 Your rights. Nothing in these Terms is intended to limit any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
7.5 Indemnity. You indemnify, and hold us, and our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to our services or your violation of these Terms.
8.2 Contact us. If you have any questions, concerns or complaints in relation to these Terms please let us know.
8.3 Severability. If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.
8.4 Assignment. We may assign or transfer these Terms, at our sole discretion, without restriction.
8.5 Jurisdiction. These Terms are to be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.
9.1 Declarations. On behalf of the people stated in the bookings and the person making payment for the bookings, you confirm, by using our services and having us create bookings on your behalf, that:
9.1.1 you have read, understood and accepted these Terms, including these declarations. In particular you understand:
(a) If bookings that we have paid for on your behalf are cancelled and we cannot recover the payment from the Service Provider, if you initiate a charge back via a credit card company, we will be entitled to recover that payment directly from you;
(b) If you do not pay on time, your bookings may be cancelled by us or the Service Provider and no compensation will be payable; and
(c) Changes or cancellations by you may incur costs including cancellation fees up to 100% of the cost of the booking and compensation to us for lost revenue up to 20% of the cost of the booking; and
9.1.2 we have recommended that you purchase travel insurance, and you have either purchased an insurance policy through us or you have chosen to make your own insurance arrangements.