TERMS & CONDITIONS –ANTIPODEAN LUXURY TRAVEL LIMITED
The following terms and conditions, and any other terms and conditions (including, for example, brochure terms) which are notified to you in writing before departure, apply to all holidays booked with Antipodean Luxury Travel Limited trading as Antipodean Luxury Travel (‘we’, ‘our’ or ‘us’), which is registered in New Zealand under NZBN: 9429042149811. Please read these terms and conditions carefully, as they set out your contract with us once you have paid your deposit (or other fee such as in a last minute booking). In the following terms and conditions ‘you’ and ‘your’ means all persons named on the booking, including anyone who is added or substituted at a later date. 1. Booking and payment
a) To book a holiday you must first contact Antipodean Luxury Travel to discuss your itinerary or request a quotation. Written quotations are valid for a period of 15 days from the date of our quotation, unless otherwise indicated. Acceptance of a quotation must be in writing. The lead client who makes the booking is deemed to have accepted these terms and conditions on behalf of and with the authorization of all the persons named on the booking. For group bookings of 5 or more adults, a minimum spend of NZD 1,000/person/day, is typically required to proceed with drafting a customised itinerary.b) A non-refundable "plan-to-go" service fee may be charged for the creation of a draft customised itinerary for you. This is at the discretion of Antipodean Luxury Travel, and mutually agreed upon by both parties prior to drafting the itinerary and/or making any tentative bookings (where applicable). If you choose to travel with Antipodean Luxury Travel, this service fee will be deducted from the price of the trip. c) The deposit, 25% of your total holiday cost, is non-refundable and will be treated as part payment for the holiday. In addition to the deposit, full or part payment (such as for flights, Luxury Lodges etc.) may sometimes be required before the balance payment due date, which is no later than 100 days prior to departure (refer to Paragraph 1e). All invoices will be issued to the lead client unless we are informed otherwise. Please note that we do not issue split invoices in any circumstance.d) Once Antipodean Luxury Travel receives the deposit, we will issue a written confirmation of the booking, at which point a binding contract is formed between us. Once we are able to confirm all elements of your holiday booking, a process that may take several weeks, we will send you an updated final holiday itinerary and cost. e) The balance payment for your holiday is due no later than 100 days prior to departure. You will receive an invoice with the balance payment amount and due date at least 107 days prior to departure. If the balance payment is not received by the due date, we reserve the right to cancel your booking as per the terms in Paragraph 2 below. For bookings made less than 100 days prior to departure (last-minute bookings), full payment is required at the time of booking. f) Unless otherwise stated, all rates are nett in New Zealand Dollars inclusive of GST (Goods & Services Tax), which is 15%. For travel only within Australia, all rates are nett in Australian Dollars inclusive of GST, which is 10%. Should these taxes be changed at any time, we reserve the right to adjust quoted rates accordingly.
g) We will quote the price of your holiday with reference to the New Zealand Dollar or Australian Dollar currency on the date that the quotation is created. If an adverse currency fluctuation occurs, equal to 2% or more of the overall price during the period between the date of the quotation and the date(s) for payment of the deposit and/or final balance payment for the holiday, we reserve the right to adjust the final balance payment due to reflect such currency fluctuation. h) Payments can be made either by bank transfer or by credit card. Our preference is for bank transfer.i) Payments made by bank transfer may incur processing fees and these are to be paid for by the client. Failure to do so may lead to you being rebilled.j) Payments made by Amex incur a 3.2% convenience fee, while those made by Visa/Mastercard incur a 2.7% convenience fee.
2. Alterations and cancellation by you
a) If, after we have confirmed a booking, you wish to make alterations to the dates or other details of your booking we will try but cannot promise to meet your request. Antipodean Luxury Travel require the lead person to notify us of required changes in writing. We reserve the right to charge you up to 5% of the total holiday booking for changes. If we can make the requested changes you will be provided with a quote detailing any costs incurred by ourselves and any costs imposed by our suppliers. b) Cancellations must be notified to Antipodean Luxury Travel in writing by the lead client and will be effective the day we receive them. As we incur costs from the time of your booking, the following cancellation charges will be payable. We will not refund to you any deposits, administrative fees or alterations fees. You must take out holiday insurance that covers cancellation of your booking. We cannot guarantee any flight refunds. Cancellation charges apply as a percentage of the total holiday price, as follows: i. 75 days or more “Deposit only” ii. 74 – 50 days 40% iii. 49 – 29 days 60% iv. 28 – 6 days 100%
In addition, for travel between 23 December - 5 January (festive season), a 100% cancellation charge for all accommodation costs applies from 1 September.
In the event that the cancellation charges of the suppliers we use are more than ours, then the suppliers’ cancellation terms will apply. c) If a member of a party is prevented from traveling the person concerned may transfer their place to someone else, as long as our suppliers accept the transfer of names, you sign an authorization letter and the transferee signs a booking form. All costs incurred by us and any of our suppliers, an amendment fee of New Zealand Dollars (NZD) 100, and any overdue balance payment must be paid before any such transfer is effective. If you decide during the course of your holiday to abandon arrangements made by us, we accept no liability and there will be no refunds provided for the service(s) you choose not to take.
3. Alterations and cancellation by us
a) It is unlikely we will have to make changes to your travel plans and we do our utmost to deliver the holiday we are contracted to provide. However, as we make arrangements many months in advance we occasionally have to make changes and reserve the right to do so. b) Most changes are minor and we will inform you of them if possible. Occasionally, we have to make a major change. A major change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably expect to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Major changes may include: price increases, change of your city/resort/place of destination, or change of your accommodation to a lower grade. If we make a major change to your holiday we will inform you as soon as possible. You will then have the choice of: (i) accepting the changes, (ii) accepting an offer of an alternative holiday from us of a similar standard to that already booked, or (iii) cancelling your holiday and receiving a full refund of all monies due. c) We will not accept liability if we are forced by ‘force majeure’ to change or terminate your holiday. ‘Force majeure’ means unusual and unforeseeable circumstances beyond our control, the consequences of which neither us nor our suppliers could avoid. These may include, but are not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transports, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought or storm, other adverse weather conditions including heavy rainfall, hail, snow or frost.
4. Our responsibility
a) We accept responsibility for ensuring that the holiday arrangements that you book with us are supplied as described in the itinerary provided, and in accordance with these terms and conditions. If you feel that your holiday arrangements are not as described in your itinerary, you should notify our appointed local supplier or us (where no local supplier is appointed) as soon as possible and provide us with details in writing. b) We endeavour to keep the website and any brochures up to date, but cannot guarantee their accuracy and, if there is any inconsistency between the information on our website and the itinerary details provided to you, the itinerary details prevail. c) We accept responsibility for our suppliers and local representatives, provided that such suppliers and representatives have acted at all times within our authority and in accordance with our instructions. We do not accept responsibility for: travel by air, sea and rail and the provision of accommodation, to which the terms of the relevant travel provider shall apply; or (ii) holidays, activities or other bookings or arrangements made directly with our suppliers, local representatives or any other third parties. d) Under no circumstances will we accept responsibility for any indirect or consequential loss whatsoever arising under or in connection with our provision of your holiday.
e) Nor do we accept responsibility for any injury, illness, death, loss (including loss of enjoyment and loss of business, profits or employment), damage, expense, cost or other claims or liability of any description whatsoever which results from: (i) any fault of you or any member of your party, (ii) any fault of any third party unconnected with us and the provision of the services for which you have contracted with us; (iii) any force majeure circumstances (as described in Paragraph 3 above) which are beyond our or our suppliers’ reasonable control. f) Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the value of your booking (including taxes and deposit). Note that there is no recourse to Travel & Leisure or Meredith Corporation with respect to any claims arising out of or in connection with the Contract.g) Nothing in these terms and conditions shall limit or exclude our liability where such exclusion is not permitted under applicable law. h) The safety of Antipodean Luxury Travel's clients is of paramount importance to us. Accordingly, Antipodean Luxury Travel endeavours to ensure that each activity it is involved with (whether it undertakes the activity directly or the activity is undertaken by a third party) is undertaken within strict safety guidelines. i) However, given that participation in certain activities involves a degree of risk, Antipodean Luxury Travel does not in any way guarantee the safety of those participating in any activity and expressly excludes all liability howsoever arising in relation to the personal injury of any such participant or the loss of or damage to any property of any such participant or third party. j) Antipodean Luxury Travel reserves the right to cancel any activity due to weather conditions, safety risks or client unsuitability because of age, ill health, poor fitness or intoxication etc. Antipodean Luxury Travel reserves the right to add, amend or delete activities as it sees fit.
5. Your responsibility
It is your responsibility to ensure that you and all persons traveling with you have valid passports (with at least 6 months’ validity beyond the date of return and at least two blank pages or more), appropriate visas and vaccinations. Women who are 28 weeks pregnant or more at the time of travel should have a doctor’s certificate confirming they are fit to travel. If you are unsure, please discuss with your Antipodean Travel Relations Manager.
a) You must be fully insured for your holiday and ensure that all of the activities which you will be carrying out are covered under such insurance, protecting against unforeseen circumstances that could otherwise spoil your travels. b) Cover must include medical expenses and repatriation in the event of accident or illness. c) In addition, we strongly recommend that you have cover for personal belongings, delay at your outward or homeward point of departure, personal liability, overseas legal expenses and cancellation. d) If you are undertaking any sports or adventurous activities, including trekking, on your trip you should also make sure that your policy covers these. e) You must take out holiday insurance that covers cancellation of your booking.f) Note that Credit Card travel insurance is often not fully comprehensive for the above conditions, Antipodean Luxury Travel advises you to ensure that all activities in your itinerary are covered by your insurance prior to leaving and we do not accept any responsibility for non-appropriate cover for your holiday activities. g) Ensure your policy provider has extensive coverage in New Zealand in case of emergency or natural disaster. Antipodean Luxury Travel will be able to assist you with travel insurance by written request.h) Please ensure you read the policy conditions and exclusions.
Please read this carefully.
8. Governing Law
These terms and conditions and any disputes arising from them shall be governed by New Zealand law. You and we agree to submit to the exclusive jurisdiction of the courts of New Zealand regarding any such dispute.
9. Changes to Terms and Conditions
The terms and conditions which apply to your holiday are those which are featured on your booking form at the time of booking, and any other terms notified to you in writing before departure. We reserve the right to update these terms and conditions from time to time. Any such updates shall take effect immediately upon posting on our website. ANTIPODEAN LUXURY TRAVEL LIMITED
5 West Road, Pukahu, Hastings 4172, New ZealandCompany Registration #: