Your booking is with KiwiSki, which is part of Mercury Travel Group. We are a Qualmark company and
members of Tourism New Zealand. We are obliged to provide a high standard of service to you by Qualmark’s Code
of Conduct. A contract only exists when KiwiSki has received the required deposit and has acknowledged receipt of your
completed booking form by the issue of our booking confirmation. The person signing the booking form accepts the
following conditions on behalf of all party members and will be our sole point of contact for correspondence. The contract
between us is governed by the Law of New Zealand and any dispute will be dealt with under the exclusive jurisdiction
of the Courts of New Zealand.
ALTERATIONS & AMENDMENTS BY YOU
Should you wish to make any changes to your confirmed booking, you must notify us via email as soon as possible. Where we can meet your request, no charge will be added and any costs or charges incurred or imposed by any of our suppliers in making the change will be added to the total. For all tours it is the party leader’s responsibility to ensure that all names are given in full and exactly as shown on the individuals’ passport. This information is often required at an early stage of booking and some airlines may not permit name changes. Most however will treat name changes as cancellations and charge accordingly. We will pass these charges on to you. Once tickets have been issued or in the case of low cost carriers once names have been received, airlines will usually charge the full cost of the flight if a name is changed. If your final balance is overdue at the time of requesting this change this also must be paid in full before the change can be made.
It is a condition of travel that you have adequate insurance in place for the duration of your trip. Details of the policy we offer are provided on request. If you decide not to purchase this insurance, you must give us details of your alternative policy (insurer and policy number) within 14 days of booking. Please read your policy details carefully and take them with you on your tour. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
IF WE ARE FORCED TO CHANGE THINGS
The arrangements in our tours when quoted to you, were given in good faith. Occasionally we have to make changes and we reserve the right to do so at any time. Most changes will be minor and all will be advised at the earliest possible date. In the unlikely event of it proving necessary to alter significantly or cancel your tour, we will offer a suitable alternative if available or 100% refund (within 14 clear days) if we are not able, in our opinion, to offer an alternative that is sufficiently comparable. Significant changes include the following changes when made before departure: a change of accommodation to that of a lower classification or standard for the whole or a major part of the time you are away, a change of accommodation to an alternative resort for the whole or a major part of the time you are away. Please note a change of airport, airline or flight time of less than 12 hours are not significant changes unless otherwise expressly stated. Very rarely, we may be forced by ‘force majeure’ to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
Except where otherwise stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature whatsoever as a result of ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire and all similar events outside our control.
We will only accept responsibility for any personal illness, injury or death which results from the negligent (as the word is understood in English law) acts or omissions of any servant or agent, or any supplier working on our behalf in the provision of services or facilities to you and whilst acting within the scope of their employment. We will also accept responsibility for those elements of the tour arrangements which are under our direct control, and for the acts and/or omissions of our employees, agents, subcontractors and suppliers. We can only be liable for the provision of special requests where we have confirmed their availability in writing beforehand. Please note, however, that we do not accept liability for any air or sea carriers whose individual conditions of carriage apply and are often subject to international agreements. We cannot be held responsible for the loss of enjoyment or additional expenses due to delays or changes in any travel arrangements or other services which are caused by circumstances amounting to ‘force majeure’. Our liability in all cases (except those involving illness, injury or death) is limited to 50% of the invoiced tour value per passenger in addition to a full refund.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us via email 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. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to our negligence or failure to carry out our responsibility.
When you book with us, you accept full responsibility for any damage or loss caused by you or any member of your group. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your or any member of your group’s actions. Party Leaders and/or other adults accompanying the party agree to adequately supervise all members of the party. It is the Party Leader’s responsibility to ensure that:
a) No party member under 18 consumes alcoholic beverages without prior written consent of the parent/guardian.
b) No party member smokes on coaches, in any accommodation, in any smokefree places or behaves in any other way which may cause a fire hazard.
c) No party member breaks a NZ law.
CONDITIONS OF SUPPLIERS
Many of the services which make up your tour are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
DELAYS AT PORT, INTERNATIONAL RAIL TERMINAL OR AIRPORT
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Under NZ law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be available from Airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us.
Any special requests must be clearly notified to us in writing. We do our best to meet any special requests made by you and ensure that these are forwarded to the appropriate persons. We cannot guarantee, however, that special requests will be fulfilled and failure to do so does not constitute a breach of contract. Special requests will only be held to form part of the contract between you and Kiwiski when they have been confirmed in writing to be guaranteed by Kiwiski.
On occasions, we are asked to arrange visits, activities and/or excursions which do not form part of the programme. Unless we expressly agree to do so in writing, we cannot accept any liability for or in relation to such additional visits, activities and/or excursions. This is the case even if payment for these additional services is made directly to us. As such additional services are booked solely at your request, you are assumed to have satisfied yourself that they are appropriate, suitable and safe for your party as we are not in a position to make such an assessment.
If any member of your group has any medical problem or disability which may affect your arrangements, the Party Leader must give us full details before confirming your booking so that we can advise as to the suitability of the chosen arrangements. The Party Leader must give us full details in writing at the time of booking and promptly update us of any changes. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.