1. ZIGZAG TOURS
1.1 By booking a Tour with us, you agree to be bound by these Terms of Trade to the exclusion of your terms (if any).
1.2 The Tour that we will provide to you will include accommodation, transport, meals, and activities as set out in the Tour Itinerary and in accordance with these Terms of Trade.
1.3 You acknowledge that we cannot guarantee that any activity or accommodation will be available in accordance with the Itinerary. We may be unable to travel to a location, participate in an activity, or continue the trip in accordance with the Itinerary because of an event beyond our control, including but not limited to natural disasters, fire, flood, storm, epidemic or pandemic, governmental authority, road conditions or other inhibiting factors. Accordingly, we reserve the right to make changes to a Tour Itinerary, from time to time, without notice, in our absolute discretion. You agree that we are not liable to you for any changes to the Itinerary arising from or related to an event beyond our control.
2. BOOKING AND PAYMENT
2.1 To confirm a Tour booking, you may either:
- pay the Tour Price; or
- pay a non-refundable deposit of 10% off the Tour Price.
2.2 If you pay a non-refundable deposit, then you must pay the remainder of the Tour Price to us by no later than 42 days before the Tour Commencement Date.
2.3 If you fail to pay the Tour Price by the due date, then your deposit is forfeited, and we may cancel your booking.
2.4 We will not commence the Tour until you have paid the Tour Price.
2.5 To avoid doubt the Tour Price does not include international or domestic airfares, airport taxes, passport and visa costs, transfers to the Tour Departure Point and from the Tour End Point, accommodation before or after the Tour, insurance, laundry, phone and internet, meals not specified in the itinerary, baggage fees, and additional or optional activities.
2.6 Payment of all money will be without set-off or deduction of any kind. We may apportion payments to outstanding accounts as we think fit.
3. CANCELLATION
3.1 We may cancel your booking no later than twenty-one [21] days prior to the Tour Commencement Date if fewer than six [6] bookings have been received for that tour. If we cancel your booking under this clause 3.1, we will refund to you any amount paid to us towards the Tour Price (including your non-refundable deposit).
3.2 We may cancel your booking during a Tour if, in our view:
- your physical or mental health is such that you cannot safely participate in the Tour;
- your behaviour, or the behaviour of a member of your group:
- constitutes a risk to the health and safety of any person;
- is abusive, aggressive, unwelcome or offensive to any person (including uninvited physical contact, harassment, violence or threats of violence);
- is, in our opinion, not compatible with other guests’ enjoyment of the Tour; or
- breaches any law;
c. you fail to comply with our reasonable directions;
d. you otherwise fail to comply with your obligations under these Terms of Trade.
3.3 We will not be responsible for any damage, loss, costs or expenses incurred by you as a result of us cancelling your booking under clauses 3.1 or 3.2
3.4 If we cancel your booking during a Tour under clause 3.2, then you will not be entitled to any refund of the Tour Price.
3.5 If you cancel a confirmed booking prior to the Tour Commencement Date then you will be liable to pay us immediately on demand:
- cancellation more than 42 days prior to the Tour Commencement Date: 10% of the Tour Price
- cancellation between 42 days and 15 days before the Tour Commencement Date: 50% of the Tour Price
- (c) cancellation within 14 days of the Tour Commencement Date: Tour Price.
4. OUR RESPONSIBILITIES
4.1 We will:
- provide the Tour with reasonable skill, care, and diligence in a professional manner;
- endeavour to ensure that the Tour proceeds in accordance with the Tour Itinerary;
- liaise with you during the Tour in accordance with your reasonable requirements.
- endeavour to provide a clean and safe travel environment for our passengers, which includes encouraging all passengers to be aware of and to follow Health New Zealand guidelines in relation to Covid-19 and any other potential diseases and illnesses that they may contract whilst on tour.
5. YOUR RESPONSIBILITIES
5.1 Your responsibilities include:
- your travel to the Tour Commencement Location at the Tour Commencement Date;
- notifying us about any reduced mobility, illness, injury, or medical condition that may:
- affect your health and safety, or the health and safety of any other person, during the Tour; or
- otherwise affect your ability to participate in the Tour or any activities;
c. notifying us about any dietary requirements or restrictions;
d. ensuring that your luggage does not exceed the following dimensions:
- Primary Bag: no more than 100 litres and 25 kilogrammes in total in person (exclusive of a day-pack which must be suitable as carry-on luggage on a domestic flight in New Zealand)
e. taking reasonable care of any equipment provided by us;
f. obtaining a visa and any other approvals or documents required for you to enter and travel within New Zealand;
g. complying with our reasonable instructions;
h. Ensuring that you do your utmost to protect the health and safety of the other passengers on your tour by making yourself aware of and agreeing to follow the guidelines stated on the official Health New Zealand website in relation to Covid-19 and any other potential diseases and illnesses, should you suffer symptoms and/or test positive whilst on tour. Refer to Health New Zealand guidelines here - https://info.health.nz/conditions-treatments/
i. your travel onwards from the Tour End Location.
5.2 You are responsible for your behaviour during the Tour. To avoid doubt, excessive consumption of alcohol and the possession or use of restricted substances or drugs is not permitted during the Tour.
6. ACCOMMODATION
6.1 Most accommodation will be in campsites. At campsites you will have the exclusive use of 1 x RV3 OZ Tent, 1 x single stretcher, and 1 x camping chair. Some accommodation may be in hostels, hotels, or cabins, which may be shared with up to 10 others and may or may not be unisex.
6.2 If you wish to upgrade or book alternative accommodation, this must be arranged by you at your cost. You must notify us about your accommodation arrangements and ensure that you comply with the Tour Itinerary. To avoid doubt the Tour Price will not be reduced and you will not be entitled to any refund in relation to any accommodation that you do not use.
6.3 Please note: 89 nights’ accommodation are included in the ZigZag 90-day tours, 45 nights’ accommodation are included in the ZigZag 46-day tours, 44 nights’ accommodation are included in the ZigZag 45-day tours, 43 nights’ accommodation are included in the ZigZag 44-day tours, 29 nights’ accommodation are included in the ZigZag 30-day tours, 24 nights’ accommodation are included in the ZigZag 25-day tours, 17 nights’ accommodation are included in the ZigZag 18-day tours, 16 nights’ accommodation are included in the ZigZag 17-day tours, and 15 nights’ accommodation are included in the ZigZag 16-day tours.
7. TRANSPORT
7.1 We will provide transport from the Tour Commencement Location to the Tour End Location.
7.2 Smoking/vaping is not allowed on board the vehicle. Please also refrain from using strong smelling fragrances until you are outside of the vehicle as these may have an adverse effect on other travellers. When at camp please be considerate to those around you and smoke/vape away from the tent site area.
8. MEALS
8.1 We will endeavour to accommodate any dietary requirements notified to us prior to commencement of the Tour.
9. INCLUDED ACTIVITIES
9.1 Included Activities are those activities identified in the Itinerary.
9.2 We carefully select well established, professional companies who assume all responsibility for the safety and satisfactory delivery of the Included Activities. Where an Included Activity is provided by a third party supplier your participation in that activity is subject to the provider’s terms and conditions and you agree to be bound by those terms and conditions. We can provide these terms and conditions to you upon your request.
9.3 You accept that there are degrees of risk involved in activities such as hiking, swimming, cycling and adventure activities. It is your sole responsibility to determine if you are qualified and capable of participating in any activity.
9.4 If you choose not to participate in an Included Activity, then the Tour Price will not be reduced and you will not be entitled to any refund in respect of that activity.
10. ADDITIONAL ACTIVITIES
10.1 To avoid doubt, any additional activities that you may book during the tour are operated by independent companies and are an additional cost to the tour price.
10.2 If you choose to book an additional activity, this is at your own cost and risk and you must ensure that your participation in that activity will not affect your ability to comply with the Itinerary.
11. INSURANCES
11.1 You are responsible for obtaining your own insurances in respect of the Tour and any third-party activities.
11.2 We recommend that you obtain insurance cover against travel interruption, travel cancellation, personal illness or injury, evacuation and repatriation, personal liability, and insurance in respect of any adventure activities that you undertake during the Tour.
11.3. We are not responsible for any loss or costs incurred by you arising from your failure to obtain appropriate insurances.
12. WARRANTIES
12.1 The Consumer Guarantees Act 1993, Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations on us which by law cannot (or can only to a limited extent) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
12.2 Where you acquire goods and/or services from us for the purposes of a business:
- you acknowledge and agree that:
- you are acquiring the goods and/or services for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;
- the goods and/or services are supplied and acquired in trade and the parties agree to contract out of sections 9, 12A, and 13 of the Fair Trading Act 1986; and
b. you agree that all warranties, conditions, and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A, and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law; and
c. you acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.
13. LIMITATION OF LIABILITY
13.1 Except to the extent that the law prevents us from excluding liability, and except as expressly provided for in clause 13.3, we will not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from services provided by us to you.
13.2 You will indemnify us against all claims and loss of any kind whatsoever however caused or arising which is brought by any person in connection with any matter, act, omission, or error by us, our agents, or employees in connection with the Tour.
13.3 To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms of Trade or for any other reason, such liability is limited to the amount of the Tour Price.
14. DEFAULT
14.1 You are in default of these Terms of Trade if any of the following events occur:
- you fail to pay any money owing on the Due Date;
- we believe you have committed or will commit an act of bankruptcy, have had or are about to have a receiver or liquidator appointed, or are declared insolvent;
- you are otherwise in breach of your obligations under these Terms of Trade.
14.2 If any of the events described in clause 14.1 occur, in addition to any remedies we may have at law, we may do one or more of the following:
- suspend the Tour in accordance with clause 3.4;
- immediately terminate these Terms of Trade by notice in writing to you.
15. INTELLECTUAL PROPERTY
15.1 To avoid doubt, all pre-existing Intellectual Property the subject of an Intellectual Property right resides with the owner as at the date of these Terms of Trade (whether you or us)
16. PRIVACY OF INFORMATION
16.1 You authorise us:
- to collect, retain and use information about you from any person for the purpose of assessing your credit worthiness;
- to disclose information about you:
- to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to your obligations to us;
- to such persons as may be necessary or desirable to enable us to exercise any power or enforce or attempt to enforce any of our rights, remedies and powers.
16.2 On occasion, ZigZag Tours NZ conducts photo and video projects for the purposes of promoting our products and services. Passengers will be given the option to opt out of any such activities. Passengers are to advise us should they wish to be excluded. If you do not opt out you are consenting to ZigZag Tours NZ using the images taken whilst on your ZigZag trip for advertising and promotional purposes worldwide, royalty-free in any medium.
17. NOTICES
17.1 Any notice may be given by phone, in person, posted, or sent by fax or email to you (or where you are a company, to any of your directors)
18. VARIATION
18.1 We will be entitled to vary any provision of these Terms of Trade at any time by publishing the amended Terms on our website, and you will be bound by variation that is published up to 10 Touring days before the commencement of your tour.
18.2 If any variation materially disadvantages you then you may cancel your booking by written notice to us within 5 working days of the date of that variation.
19. COSTS
19.1 You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies, and powers under these Terms of Trade.
20. CREDIT INFORMATION
20.1 You consent to us and any financier or credit-rating agency making enquiries of and obtaining any information about your financial standing and creditworthiness.
21. JURISDICTION
21.1 These Terms of Trade are governed by and construed according to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising from these Terms of Trade.
22. ASSIGNMENT
22.1 You must not subcontract or assign any of your rights, powers, or obligations under these Terms of Trade.
23. FORCE MAJEURE
23.1 We will not be liable for any failure or delay performing the Tour if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.
24. SURVIVAL
24.1 This clause 24 and clauses 2, 11, 13, 14, 15, 16, 17, 19, 21, and 25 and any other provision which by its nature is intended to survive the termination or expiration of these Terms will survive the expiration of these Terms or completion of the Tour.
25. DEFINITIONS
25.1 In these Terms of Trade, unless the context otherwise requires:
Day means a calendar day from midnight to midnight in New Zealand.
Intellectual Property includes all intellectual property rights (including without limitation copyright, patent and design rights, drawings, documents, data, ideas, procedures and calculations).
Tour means our performance of services for you, and the production or supply of any goods by us as part of or related to such services, as described in the Itinerary.
Tour Commencement Date means the first date of the Itinerary
Tour Commencement Location means the departure location specified in the Itinerary.
Tour End Location means the end location specified in the Itinerary or specified by us if we cancel your booking during the Tour.
Tour Itinerary means the Itinerary provided by us to you as may be amended by us from time to time.
Tour Price means the tour price.
25.2 The rule of construction known as the contra proferentem rule does not apply to these Terms of Trade.
25.3 References to us include our employees, contractors, and agents.
25.4 Words referring to the singular include the plural and vice versa.
25.5 Any reference to a party includes:
- that party's executors, administrators, or permitted assigns; or
- if a company, limited partnership, or any other body corporate, its successors or permitted assigns or both.
25.6 Clause headings are for reference only.
25.7 References to clauses are references to clauses of these Terms.
25.8 References to money will be New Zealand currency, unless specified otherwise.
25.9 References to statutory provisions will be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time.
