Terms and Conditions

Please read carefully these terms and conditions of contract. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Great Walks New Zealand Ltd NZBN 9429046887269 (hereafter referred to as GWONZ) and you. No variation of these conditions will be effective unless in writing and signed by a person so authorised by GWONZ. In these terms and conditions reference to “GWONZ representatives” means tour leaders and staff of GWONZ and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the tour is conducted, or any of them.

By completing and submitting the Booking Form you affirm that you:

• are over the age of 18 and legally competent to give the waiver, release and indemnity contained in it;

• understand that this document is contractual in nature, has legal effect and is not merely a warning nor provided for information purposes;

• understand that GWONZ have relied upon your execution of the document in allowing your and/or your child’s participation in the tour.

Where this document is signed for a participant under 18 years of age, then the parent/guardian signing this document covenants in terms of conditions 17 and 18, in respect of any claim, liability or cause of action that arises out of or is incidental to the child’s participation in the tour.

1. How to Book

To reserve your place on a tour/s, you must complete the Booking Form either online or by filling out the paper form and pay a non-refundable deposit of $400. Some trips require a non-refundable additional deposit or instant payment for a permit. In these instances, refer to the individual trip notes for details.

2. Prices

The prices quoted represent the most current prices, are per person and are subject to minimum numbers. Where minimum numbers are not met by the balance payment due date, a small group surcharge will be offered to ensure the trips operation. Refer to the trip notes for all tour inclusions and exclusions. Once you have paid a deposit for your trip any subsequent discounts or price reductions that are advertised may not be retrospectively applied. GWONZ will try its utmost not to increase tour prices, however, sometimes increases are outside its control and WE reserve the right to amend tour prices accordingly. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services, exchange rate fluctuations, increased fuel costs, airfares, airport charges, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date.

3. Payment

The balance of the tour price is payable to GWONZ at least 70 days prior to departure and some tours such as Abel Tasman and Food Lover’s require the balance of payment to be made at least 90 days prior to departure. Prices are quoted in New Zealand dollars (unless otherwise specified) and all payments must be made in New Zealand dollars. If payment of the balance of the tour price is not received by GWONZ by the due date you will be taken as having cancelled the tour and cancellation charges in accordance with condition 4 will apply.

4. Cancellations If you wish to cancel your tour, you must notify GWONZ in writing whereafter the cancellation will take effect subject to the following:

• If cancellation takes place more than 90 days prior to your departure date your full deposit, and any additional non-refundable deposits paid, will be forfeited.

• If cancellation takes place between 90 & 35 days prior to your departure date 50% of the tour price will be forfeited.

• If cancellation takes place less than 35 days prior to your departure date 100% of the tour price will be forfeited.

Variations to the conditions outlined in conditions 3, 4 and 5 may apply subject to the individual terms of the provider (eg: cancellations penalties from 90 or 120 days prior to start date). Please refer to individual trip notes for details.

The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to GWONZ by you, may be recovered from you by GWONZ as a debt due and payable.

5. Amendments/Transfers AMENDMENTS: To make amendments to your tour arrangements, you must notify GWONZ in writing. Each amendment to your tour arrangements will incur a $100 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment.

TRANSFERS: If you wish to transfer from one tour to another, you must notify GWONZ in writing after which the transfer will take effect subject to the following. Transfers may only be made to another tour to commence within 12 months of your original departure date and the following transfer charges will apply:

SELF GUIDED TOURS:- If your notice is received more than 90 days prior to your original departure date, a $400 per person per tour transfer fee will apply. In addition, any increase in airfares or operational services or extra deposit penalties will apply:

GUIDED TOURS:- If your notice is received more than 90 days prior to your original departure date, a $100 transfer fee will apply. In addition, any increase in airfares or operational services or extra permit/deposit penalties will apply: or

• If your notice is received within 90-35 days prior to your original departure date, 50% of your original tour price will be forfeited, or if less than 35 days prior, 100% of your tour price will be forfeited.

Note: Any transfer from one tour to another is subject to availability and the agreement in writing of GWONZ, however, the transfer of a tour from one person to another is not permitted. Transfers may be subject to additional fees, especially lodge based departures.

6. Health & Fitness Requirements

You must be in good health and physical condition and are strongly advised to follow our pre departure fitness training recommendations. Depending on the trip grading and your medical circumstances, you may be required to submit our medical questionnaire as proof that you are fit enough to participate in the tour 70 days prior to departure. If you have booked a tour graded 1-4 you will be able to self-sign your medical form, unless your booking form indicates a pre-existing medical condition. If you have booked a trip graded 5-7 you will receive and may complete the medical form yourself, unless you have a pre-existing medical condition or are 70 years of age or above, in which case, you must have your doctor complete your medical form, regardless of the trip grading, to certify you as fit to participate. For tours graded 8 to 10 you will be required to have your doctor complete and sign your medical questionnaire. If you suffer from severe muscular, chest heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Tours take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility, but insurance may cover you depending on the circumstances. GWONZ reserve the right in its absolute discretion to refuse a participant the right to participate on a tour and our standard cancellation terms will apply in these circumstances.

7. Medical Disclosure

You declare and warrant that:

• you are in good health and mental and physical fitness at the time of booking this tour;

• you have disclosed to GWONZ every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to GWONZ’s decision to permit you to go on the adventure tour;

• immediately upon any adverse change in your health or fitness that may be likely to affect GWONZ’s decision to permit you to go on the adventure tour, you will notify GWONZ in writing of any such adverse change;

• you acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and for the duration of the tour;

• GWONZ are permitted to disclose medical information to our consultant doctor for an opinion;

• GWONZ’s consultant doctor may exclude you from a tour if he/she deems it necessary;

• you have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to;

• you have taken out a travel insurance policy that adequately covers you for medical eventualities including cover specifically for any pre-existing medical conditions.

8. Tour Operators and Tour Leaders

GWONZ does not operate all the tours. Many are operated by a collection of regional operators. Guided tours are not always exclusive GWONZ departures. Guided tours will attract individuals from across the globe, and other group participants may not speak English.

GWONZ’s tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, he/she may exclude you from the tour. In this event, you will be offered the option of taking another tour considered suitable for you or a full refund. If for any reason during a tour the tour leader considers you should not participate further due to you committing an illegal act, or in the opinion of the tour leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health (mental and/or physical) is questioned, he or she may direct you not to continue and you must follow the tour leader’s instructions. In this case you will not be entitled to any refund.

GWONZ reserves the right to change, at any time, the tour leader of any tour. If that happens, GWONZ will try to ensure that the alternative tour leader has expertise commensurate with that of the original tour leader. Any such change by GWONZ will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.

9. Complaints

If during the course of your tour you have a problem, please bring this to the immediate attention of the tour leader or relevant supplier (eg. Transport provider, hotelier). If your complaint is not resolved to your satisfaction, please contact your GWONZ consultant by email or phone and they will endeavour to assist you. If your complaint cannot be resolved locally, please follow this up in writing within 30 days of your return home by writing to our Operation’s Department. Please keep your letter concise and to the point in order for us to quickly identify your concerns and liaise with the relevant parties to respond to you as soon as possible.

10. Cancellation due to tour booking numbers GWONZ reserve the right to nominate a small group surcharge where a trip has not reached minimum numbers or to cancel the tour. In case of a tour cancellation, you will be given a full refund of payments made by you to GWONZ. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage or for any loss of time or inconvenience which may result from such cancellation including but not limited to visa, passport and vaccination charges, gear purchases or non-refundable flights and taxes.

11. Route changes, Postponement, Cancellation or Delay

GWONZ reserves the right to either before or during a tour:

• cancel or modify any routes within the tour or objectives set out in the itinerary; or

• substitute different or equivalent routes within the tour in place of cancelled or modified routes, or

• postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of GWONZ, it is necessary to do so due to inclement weather, snow or icy conditions or circumstances that are known to us and are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of GWONZ, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or any aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by GWONZ. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.

12. Itineraries and brochures

Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by GWONZ. The information contained on GWONZ’s website, brochures, trip notes and pre departure information is to the best of GWONZ’s belief, correct at the date of publishing.

13. Insurance Personal travel insurance is not included in the tour price. It is a condition of booking a tour with GWONZ, and your responsibility to ensure that you are adequately insured for the full duration of the tour in respect of illness, pre-existing medical conditions, injury, death, loss of baggage and personal items , evacuation, cancellation and curtailment. You must provide evidence to GWONZ that you have obtained personal travel insurance covering all of the activities in which you expect to participate. If you do not, for any reason, provide satisfactory evidence of suitable personal travel insurance, GWONZ may in their discretion cancel your tour and refund the tour price you have paid less cancellation fees and any other non-recoverable costs GWONZ have incurred.

14. Proof of citizenship or information required to travel It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation (ie. visas) or failure to provide information. It is a requirement of many countries that your passport is valid for six months beyond the date of your return home to your home country and it is your responsibility to check you have such validity.

15. Airlines and other transport providers Any material published by GWONZ, the Booking Form and these conditions of contract are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. If an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by GWONZ. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.

16. Force Majeure If GWONZ are prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of an act of God, strikes, trade disputes, fire, breakdowns, epidemics and pandemics, interruption of transport , government or political action, travel bans imposed by governments, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside GWONZ’s reasonable control, GWONZ will be under no liability whatsoever to you and may, at its option, by written notice to you, cancel the tour wherein condition 4 will apply in respect of cancellation charges.

17. Assumption of risk You acknowledge and agree that:

• by the very nature of adventure travel and trekking holidays, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death;

• in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part;

• the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;

• the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour, and

• you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of New Zealand, Australia and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.

18. Exclusion of Liability

You acknowledge and agree that:

To the fullest extent permitted by law and unless caused by the negligent or reckless conduct of WE (as per the Consumer Guarantee Act 1993), you hereby exclude, release and forever discharge WE and their representatives from liability for all claims including, without limitation, claims for loss of profits, consequential, exemplary and aggravated damages, for:

(a) your death or physical or mental injury or the death or physical or mental injury of any other person; and

(b) damage to or loss of your property or the property of any other person, arising from or connected with your participation in the recreational services which comprise the tour.

19. Release, Discharge and Indemnity

Under the Consumer Guarantees Act 1993, statutory guarantees apply to the supply of recreational services of the kind offered by these terms and conditions. “Recreational services” are defined as including activities that involve a significant degree of physical exertion or risk undertaken for the purposes of recreation, enjoyment or leisure. These guarantees mean that GWONZ, as the supplier, is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are fit for their intended purpose.

GWONZ, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you.

To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour under the Consumer Guarantee Act, and by signing and agreeing to this form you:

• unconditionally release, discharge and agree not to sue GWONZ in respect of any liability, claim or cause of action that may arise from any act, omission, default, failure or error on the part of GWONZ, (including any negligent act, omission, default, failure or error) in respect of the supply of the recreational services to you;

• indemnify and will keep indemnified GWONZ from any liability, claim or cause of action that may be brought against GWONZ as a result of or in connection with any act, omission, default, failure or error on the part of GWONZ (including any negligent act, omission, default, failure or error) arising from or in connection with the supply of the recreational services;

• agree that in the event of your death, your estate and personal representatives, executors or administrators indemnify and will keep indemnified GWONZ from any liability, claim or cause of action that may be brought against GWONZ by your personal representatives, executors, administrators, dependants or any other person entitled to claim damages in respect of your death.

This condition 19 is limited to liability for:

• death; or

• a physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or

• the contraction, aggravation or acceleration of a disease; or

• the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

o that is or may be harmful or disadvantageous to you or the community; or

o that may result in harm or disadvantage to you or the community.

20. Privacy You permit GWONZ to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to GWONZ representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.

21. Images By signing these terms and conditions you certify that your image may be used without charge by GWONZ, and its parent companies, for promotional purposes including but not limited to the website, printed promotional items and promotional presentations, unless you notify us in writing that you do not wish to have your image to be used for these purposes.

22. Waiver

A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

23. Severance of conditions If any part of a condition is illegal, unenforceable, or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.

24. Jurisdiction

This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of New Zealand.

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