1. Definitions
Company means the Road Trip Limited, and their directors, officers, employees, contractors, guides, tour leaders, agents, representatives, suppliers, related companies, subsidiaries, successors and permitted assigns, each of whom may rely on and enforce any provision of these Terms expressed to be for their benefit. All references to “we”, “our” and/or “us” should be taken as referring to the Company.
Customer means the person or entity who makes a booking for a Trip, and includes each person who participates in, attends, or is otherwise included in that booking. All references to “I”, “you” and/or “my” should be taken as referring to the Customer.
Terms means these Terms and Conditions.
Trip means a private guided tour, self-drive tour, mini break trip and e-bike escape or any other trip or tour offered by The Road Trip Limited to the Customer in accordance with these Terms.
2. Acceptance of Terms and Conditions
2.1 You confirm that in paying a deposit and reserving a Trip, you are agreeing (or confirming your agreement, as the case may be) to be bound by these Terms.
2.2 In the case of a person or entity making a booking on behalf of others, it is the responsibility of the person or entity making the booking to bring these Terms to the attention of all of those individuals on whose behalf the booking is made. The person or entity making a booking on behalf of others shall be deemed to have accepted these Terms on behalf of all individuals on whose behalf the booking is made.
2.3 To the extent permitted by law, the Company reserves the right to change any provision contained in these Terms at any time.
2.4 You acknowledge that a breach of any of the provisions of these Terms may result in the termination of these Terms. In the event these Terms are terminated as a result of any breach by you, you shall not be entitled to any refund and shall forfeit all amounts previously paid to the Company.
3. Payments
3.1 For Private Guided Tours and Self-Drive Tours: A deposit of 30% of the total Trip price is required to start the reservation process and should accompany the completed booking form. The balance of the Trip price is payable 45 days prior to your start date. If the balance is not paid by such date the Company reserves the right to treat the booking as cancelled. If a booking is made less than 45 days prior to the departure date, 100% of the total Trip cost is payable upon booking.
3.2 For Mini Breaks & E-Bike Escapes: A deposit of 50% of the total Trip price is required to start the reservation process and should accompany the completed booking form. The balance of the Trip price is payable 45 days prior to your start date. If the balance is not paid by such date the Company reserves the right to treat the booking as cancelled. If a booking is made less than 45 days prior to the departure date, 100% of the total Trip cost is payable upon booking.
3.3 All prices are quoted in New Zealand dollars and include local Goods and Services Tax of 15%. Due to exchange rate fluctuations, at times there may be some variance. A variance may also occur in amounts refunded compared to the amount initially charged (if relevant). The Company does not accept any liability for these variances or any subsequent credit card/bank charges relating to these transactions.
4. Cancellations, Refunds and Amendments
4.1 All cancellations must be received in writing. If you cancel your Trip we will refund your payments in the following manner:
For Private Guided Tours and Self-Drive Tours:
a. 90 days or more prior to the Trip start date: 85% of the total Trip cost will be refunded if full payment has been made for the entire Trip. 50% of the deposit amount will be refunded where only a 30% deposit invoice has been paid;
b. within 46-89 days prior to the Trip start date: 70% of the total Trip cost will be refunded where full payment has been made for the entire Trip. No amounts will be refunded where only a 30% deposit invoice has been paid;
c. within 45 to 8 days prior to the Trip start date: 30% of the total Trip cost will be refunded where full payment has been made for the entire Trip. No amounts will be refunded where only a 30% deposit invoice has been paid;
d. within 7 days prior to the Trip start date: none of the Trip price is refundable;
e. no refund is available for any cancellation after the Trip has commenced.
For Mini Breaks & E-Bike Escapes:
a. 31 days or more prior to the start date: 25% of the total Trip cost will be refunded;
b. less than 31 days prior to the start date: none of the Trip cost is refundable;
c. no refund is available for any cancellation after the Trip has commenced.
4.2 Any refund in respect of any activity, accommodation, meals or any other services not utilised for a Trip cancelled by you prior to commencement will be at the discretion of the suppliers concerned and the Company will not be held liable for refunds or additional expenses.
4.3 Only cancellations made by the suppliers of activities, accommodation or meals will result in a refund to the Customer. These refunds in the event of cancelled inclusions by a supplier, will only be issued to the Customer post the Trip being completed. If the Customer chooses to cancel an activity, meal or accommodation once the Trip has commenced, no refunds will apply. In addition, suppliers may levy their own additional cancellation fees. These cancellation fees are the responsibility of the Customer and if necessary, the Customer will pay such fee to the Company on demand.
4.4 We are occasionally required to cancel a trip for reasons beyond our control, including when the minimum number of customers required to operate a Trip is not reached. If your Trip is cancelled, you may transfer to an alternate departure for no additional fee, transfer to an alternative Trip (subject to any difference in price), or receive a full refund.
4.5 Should a Customer wish to amend their Trip after confirmation an amendment fee of NZ$175 plus GST per booking will apply, in addition to any supplier amendment and/or cancellation fee. All amendments are on a request basis and are subject to availability. Suppliers may consider an amendment as a cancellation, which may incur 100% cancellation fee. Clause 4.3 above will apply.
4.6 The Company does its best to make sure connections and transfers and other Trip activities or inclusions go smoothly but this may not always be possible due to flight cancellations, local political situations, weather, mechanical breakdown, or other unforeseen circumstances. The Company reserves the right to alter Trip itineraries, activities, inclusions or accommodation in the event of circumstances beyond its control. The Company bears no responsibility for refunds with respect to events beyond its control. This includes but is not limited to; natural disasters deemed as acts of god, weather events, road closures, acts of terrorism and pandemics.
5. Alterations & Final Decision
5.1 The Company strives to maintain the trip as advertised. On occasion, conditions beyond the control of the Company may necessitate changes, modifications, or alterations to the itinerary; the substitution of accommodations; or the omission or substitution of specific advertised activities. The Customer accepts that the Company may make such decisions in its sole discretion and is not responsible or liable for any expenses or losses that may result from those decisions.
6. Third-party Suppliers
6.1 Third-party local suppliers provide services/activities/accommodation in accordance with their own terms and conditions and the Customer will be bound by these terms and conditions. Some of these terms and conditions may limit or exclude their liability to the Customer. Copies of the relevant terms and conditions are available on request. The Customer may be required to read and accept third-party terms and conditions prior to the Trip or prior to the provision of such service/activity or accommodation.
6.2 The Company bears no responsibility for the action of any local supplier or their staff or associated personnel.
6.3 The Company is not responsible for any outside arrangements the Customer may make before, during or after the Trip. This includes, but is not limited to any element booked in conjunction with a Trip with the Company that we do not receive payment for (such as accommodations, flights and travel insurance) even in the case where the Company has made a recommendation or referral. For the avoidance of doubt, the Company is not liable and bears no responsibility for costs incurred for onward travel alterations, delays or any activities that have been booked to start after the termination of a Trip.
6.4 Any optional and other activities offered by the Company to the Customer may not be available at all times as these are managed by third-party local suppliers. The Company has no control over their availability or prices.
7. Postponements/Transferring your Trip to Another Person
7.1 We understand that sometimes postponements are necessary. Should you wish to postpone your trip, we will review this on a case-by-case basis and charge any necessary admin fees accordingly. Postponement dates are subject to availability and extra costs may be applied where pricing is higher for your Trip inclusions. We will discuss these extra charges with you before making any changes to your Trip. Please note that we may be unable to postpone your trip due to reasons beyond our control.
7.2 If you would like to substitute any persons who will be in attendance on a Trip that is already booked with us, we will review this on a case-by-case basis and will charge any necessary admin fees accordingly. We may charge an administration cost and/or extra fees where there are any extra costs involved (i.e. substituting a child for an adult).
8. Customer Acknowledgements
8.1 All individuals participating in a Trip must be named at the time of the booking.
8.2 The Customer agrees to be at the trip departure point at the agreed departure time. If the Customer misses the start of the Trip, any costs for additional travel arrangements to join the trip will be the Customer’s responsibility.
8.3 The Customer acknowledges that it is solely responsible for the safekeeping and care of its belongings, and that the Company does not provide insurance coverage for personal property.
8.4 The Customer is responsible for its own insurances for the duration of the Trip (e.g. travel insurance). This is an essential condition, and the Company is not responsible for the Customer’s costs if the Customer fails to do so. The Company accept no liability for any costs associated with the Customer failing to take out adequate insurance.
8.5 The Customer acknowledges that it is its responsibility to make sure that it has all necessary travel documents (e.g., passports, visas, vaccines, insurances, etc.) for its journey. The Company is not liable for any disruption to my travel or any associated costs incurred as a result of me failing to have the correct travel documents.
8.6 You agree and acknowledge that a passport is required for all international visitors, and it must be valid for at least 3 months after your departure date from New Zealand and/or Australia.
8.7 You agree that you shall:
a. interact with the Company in a respectful manner at all times;
b. not engage in any behaviour that is determined to threaten the safety of the Company;
c. not engage in any behaviour that is disruptive or interferes with the ability for the Company to fulfil the services to you or other customers.
8.8 You agree that you are responsible for your own personal safety. You will be required to comply with any lawful directions in respect our policies and procedures applicable to health and safety.
8.9 If the Company reasonably determines that a Customer has engaged in inappropriate, threatening, abusive, hostile, disruptive, unsafe or otherwise offensive behaviour towards the Company, its personnel, other customers, suppliers or any third party, the Company may require the Customer to cease such behaviour immediately. If the behaviour continues, or if the Company considers the behaviour sufficiently serious which warrants immediate action, the Company may, at its discretion:
a. remove the Customer from any activity, accommodation, transport service or other part of the Trip;
b. require the Customer to leave the Trip and make their own arrangements for transport, accommodation and any onward travel; and/or
c. terminate the Customer’s participation in the Trip and these Terms.
In such circumstances, the Customer will not be entitled to any refund and the Company will have no liability for any loss, cost, expense or inconvenience arising from the Customer’s removal from, or departure from, the Trip.
9. Images, Descriptions and Itineraries
9.1 Photographs, images, videos, illustrations and other visual content contained in itineraries, brochures, websites and other promotional materials are provided for illustrative purposes only. The Customer acknowledges that such content is intended to convey the general style, category and experience of the relevant accommodation, activity, service, vehicle or equipment and may not depict the exact room, view, bedding configuration, equipment, facilities, guide, vehicle, venue, activity conditions or other specific features that will be provided to the Customer.
9.2 In addition, the Customer acknowledges that accommodation providers, activity operators and other suppliers may update, renovate, substitute or modify rooms, facilities, equipment, routes, vehicles, venues and experiences from time to time.
10. Waiver of Claims, Assumption of Risk and Indemnity
10.1 To: The Road Trip Limited / the Company and its officers, employees, agents, representatives and all other persons in any way involved or connected with the Trip and their successors and assigns:
a. I accept that the Trip involves risks, dangers and hazards which involve the possibility of physical risks greater than those encountered in daily life. I accept that these risks, dangers and hazards involve the possibility of personal injury, emotional trauma, death, property damage and loss, which may affect my family, my friends and me. I understand that it is impossible for the Company to list in these Terms every inherent risk, danger, or hazard associated with participating. I understand and appreciate, however, that I may encounter these and other inherent risks, dangers, and hazards not specifically listed in these Terms at any time. I also understand that the Trip may include free time. Any activities not included during such free time are undertaken solely at my own risk and therefore the Company is not liable or responsible for my actions;
b. Knowing the risks, I still wish to participate in the Trip and I freely accept and fully assume all such risks, dangers and hazards, however caused;
c. I declare that I am physically and medically fit and have no condition, issues or injury that could be affected or cause harm to myself or others by my participation in the Trip. I understand that it is my responsibility to carry any necessary personal medication, including asthma inhalers, EpiPens, or other essential items. In addition, I have disclosed any relevant health conditions, allergies, or dietary requirements to the Company;
d. I authorise the Company or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalisation, blood transfusions, surgery and medications) they consider necessary for my health during the course of the Trip. I agree to pay all costs associated with that care and transportation. I agree to the release (to or by the Company, insurance carriers, other health care providers and their staff, representatives or contractors) of any of my medical information or records necessary for treatment, referral, billing or other purposes).
10.2 In consideration of the Company permitting my participation on the Trip, I agree:
a. to waive and release the Company from any and all claims, demands, actions, proceedings, losses, damages, costs and expenses which I have, may have, or may in the future have against the Company arising out of or in connection with my participation in the Trip, including any mental or physical injury, illness, emotional trauma, death, property damage or loss suffered by me or my next of kin, however caused, and including where arising from the negligence, breach of these Terms, breach of statutory duty or other duty of care, or failure by the Company or any person associated with the Company to safeguard or protect me from the risks, dangers and hazards of the Trip, except to the extent such release is prohibited by law;
b. to indemnify and hold harmless the Company for any liability, loss, cost, damage, expense arising out of or in connection with:
i. my participation in the Trip;
ii. any breach by me of these Terms or any applicable law;
iii. any negligent, unlawful, misleading, fraudulent or wilful act or omission by me;
iv. any damage caused by me to the property of the Company or any third party;
v. the conduct of any child or other person included in my booking;
vi. any claim, demand, action or proceeding brought against the Company by any third party or any fee, charge, penalty, excess, cost or expense incurred by the Company arising out of or in connection with any matter referred to in subclauses (i) to (v) above.
c. to follow and comply with all instructions, protocols and safety directions given by the Company. If I have any questions or concerns, I agree to communicate them. I understand that failure to follow the Company’s instructions, being considered under influence of drugs and/or alcohol (legal or not) or engaging in unsafe behaviour may result in my removal from the Trip, without refund;
d. that the Company has the right to determine if I can advance with the Trip at any time, based on my competency level or otherwise;
e. in the event of my death or incapacity these Terms will be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives;
f. by making a booking with the Company, I am not relying on any oral or written representations or statements made by the Company with respect to the safety of the Trip, other than what is contained in these Terms.
10.3 Where my booking includes a child under the age of 18:
a. I declare I am the child’s lawful legal guardian and that I am 18 years or older and have read, understood, and accept these Terms, including without limitation this clause 10, on behalf of the child. If my authority/guardian status is challenged or found invalid, I will defend and indemnify the Company to the fullest extent allowed by law, just as if I were the child’s lawful legal guardian; and
b. I declare that I am responsible for the health and safety of all individuals under the age of 18 in my booking and give my consent for them to take part in the Trip. In addition, I confirm where appropriate, I have discussed the risks with the minor child in my care, and the minor child understands the risks and this release.
11. Liability
11.1 To the fullest extent permitted by law, the Company accepts no liability for any act or omission or default, whether negligent or otherwise, arising directly or indirectly, in connection with a Trip, including but not limited to:
a. for death, disability, personal injury, property damage and any other foreseeable risk, claim or action of any kind;
b. losses, damages, costs or expenses incurred by the Customer due to sickness, delays, interruptions or changes due to weather conditions, strikes, changes in air or other transport services, force majeure, acts of God, technical problems or other breakdowns in arrangements or other causes outside the control of the Company;
c. as a result of any inaccuracy, inaccurate description or changes to any Trip made by the Company or any other party; and
d. the acts, omissions, or default whether negligent or otherwise of third-party suppliers in connection with a Trip. The Customer agrees that any third-party supplier whom the Company contracts to provide their services/activity/accommodation to the Customer subject to their usual terms and conditions.
11.2 Without limiting clause 11.1 above, the Company’s liability to the Customer for any and all costs, loss, expense or damage suffered by the Customer, however caused, arising out of or connected to the Trip, except where provided to the contrary by law, shall not exceed the individual’s total Trip cost. Furthermore, the Company’s liability under or in connection with these Terms will be reduced by the extent, if any, to which the Customer contributed to the relevant loss and the Customer must take reasonable steps to mitigate any losses it may suffer. Any claim under this clause, must be notified to the Company in writing within 3 months after the Customer first became aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim.
11.3 In no event will the Company be liable to the Customer for any indirect, consequential, special, exemplary or punitive loss, or for any loss of profit, revenue, goodwill, reputation, business opportunity, anticipated savings or loss of data arising directly or indirectly out of or in connection with these Terms or in connection with the Trip.
12. Statutory Protections – New Zealand Law
12.1 These terms and conditions are to be read subject to the provisions of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and do not affect the Customer’s rights as expressed in the Acts.
13. General Matters
13.1 The Customer agrees to the use and marketing of all videos and still images captured by the Company. The Customer gives unrestricted right to the Company to use (including, altering without restriction) and publish the images/videos and other materials from the Trip on social media, websites, and in potential features such as an editorial, blog, publications, promotion, advertisements or trade and in any other manner or medium. The Customer releases the Company from all liability and claims in connection with such images/videos and the Company’s use.
14. If any provision or term of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect that validity or enforceability of the remaining provision of term, which shall be enforced as if the offending term and provision had not been included in these Terms.
15. These Terms are governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.
16. Privacy
16.1 All and any information provided to the Company will be treated in accordance with our Privacy Policy accessible here. By booking a Trip with the Company, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy Policy.
