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 Trail Journeys Ltd NZBN 9429036800803 (hereafter referred to as TJ) and you. No variation of these conditions will be effective unless in writing and signed by a person so authorised by TJ. In these terms and conditions reference to “TJ representatives” means tour leaders and staff of TJ and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities.
1. How to Book
To reserve your place on a trip/s, you must complete a Booking Form either online or by a confirmation email and pay a non-refundable deposit of $400 per person or the full amount of the trip if under $400 per person. A trip is not considered booked until a deposit is paid.
Upon paying a deposit, you acknowledge that you have read Trail Journeys terms and conditions and you understand and accept them in their entirety.
2. Pricing
The prices quoted represent the most current prices and are per person; some prices are subject to minimum numbers. There may be occasion where other items e.g. activities, meals etc are extra to the quoted price. 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.
3. Payment
The balance of the tour price is payable to TJ 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 TJ by the due date you will be taken as having cancelled the tour and cancellation charges in accordance with “4. Cancellations” condition will apply.
If you book within 90 days of your departure date, payment of the total value of your tour package will be required.
By making the above payments, you accept responsibility for your itinerary; you acknowledge that you have read your itinerary thoroughly and that it is as you requested i.e. dates, accommodation and meal options, bag movements, transport timing and bookings, etc.
4. Cancellations
If you wish to cancel your tour, you must notify TJ 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 any monies paid, will be returned less any non-refundable deposits.
- 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.
Trail Journeys reserves the right to cancel any booking at any time up to the travel departure date. You will be notified promptly of any such cancellation.
TJ shall have no liability whatsoever for any cancellation of a booking, tour or other travel arrangement except to the extent that any amounts paid by you with respect to your booking shall be refunded by TJ, excluding insurance premiums, variation fees and additional fees, as applicable.
The trip 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 TJ by you, may be recovered from you by TJ as a debt due and payable.
You are strongly advised to take out a travel insurance policy that will provide cover for cancellation charges should you not be able to proceed with the trip.
5. Amendments/Transfers:
Amendments: To make amendments to your trip arrangements, you must notify TJ in writing. Each time an amendment to your tour arrangements is made you will incur a $50 administration fee and you will be liable for any increase in operational expenses occasioned by the amendment.
Transfers: If you wish to transfer to another date, or from one trip to another, you must notify TJ in writing after which the transfer will take effect subject to the following:
- Transfers may only be made to another trip to commence within 12 months of your original departure date and the following transfer charges will apply:
- If your notice is received more than 90 days prior to your original departure date, a $100 per person per trip transfer fee will apply. In addition, any increase in operational services or extra deposit penalties will apply or:
- If your notice is received within 90-35 days prior to your original departure date, 50% of your original trip price will be forfeited, or if less than 35 days prior, 100% of your trip price will be forfeited.
Note: Any transfer from one trip to another is subject to availability and the agreement in writing of TJ. Transfers may be subject to additional fees.
6. Tour single supplement
For those travelling on their own, or as an additional single person as part of a group, a single supplement charge will apply. All prices quoted on our website are for twin share rooms unless otherwise stated.
7. 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 TJ . The information contained on TJ’s website, brochures, trip notes and pre departure information is to the best of TJ’s belief, correct at the date of publishing.
8. Bike Hire and Transport
TJ will make every effort to provide you with the type of bike you would like (i.e. Comfort Bike, Mountain Bike, E-Bike, Childs bike, child trailer, etc) however, for reasons beyond our control we may need to provide you with alternative options.
Where personal bikes are being used for your trip, we will take all reasonable care to protect that bike in transit but will not accept any responsibility for damage because of that transport.
If you have hired a bike from us it is your responsibility to return the bike to us in the same condition it was at the beginning of the hire. We accept there will be general wear and tear, however excessive damage will be at your cost.
There may be a relocation cost for the transport of a bike between points or depots. e.g. where (at your request) a comfort bike is replaced with an e-bike.
9. Group numbers
It is TJ’s policy to deal with only one person organising a group (2+ people). We expect this person to relay all information to their group as it comes to hand.
TJ prefers that all bookings and/or amendments to itineraries are communicated through email so that records of what has been discussed can be retained. TJ accepts no responsibility for discrepancies in any bookings or variations to itineraries made verbally.
10. Minimum numbers
TJ reserves the right to cancel a self-guided or guided tour if minimum numbers are not reached; independent tours can be arranged if such a cancellation should occur.
11. Health & Fitness Requirements
You must be in good health and physical condition. 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 trip 90 days prior to departure.
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. TJ 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.
12. 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 TJ 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 TJ’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 TJ’s decision to permit you to go on the adventure tour, you will notify TJ in writing of any such adverse change;
• you acknowledge that the obligation to disclose under this condition continues from the time of booking the trip through to departure and for the duration of the trip;
• TJ are permitted to disclose medical information to our consultant doctor for an opinion;
• TJ’s consultant doctor may exclude you from a tour if he/she deems it necessary;
• you have been advised to take out a travel insurance policy that adequately covers you for medical eventualities including cover specifically for any pre-existing medical conditions.
13. Route changes, Postponement, Cancellation or Delay
TJ reserves the right to either before or during a tour:
• cancel or modify any routes within the trip or objectives set out in the itinerary; or
• substitute different or equivalent routes within the trip 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 trip) any such aspect of the trip if, in the absolute discretion of TJ, 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 TJ, 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 trip or any aspect of the trip being undertaken in accordance with your booking or for any other reason considered necessary by TJ. 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 trip 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.
TJ transport schedules are a guide only to the times we arrive or depart a destination. They may vary dependent upon the differing requirements of our daily transport requirements and notwithstanding exceptional weather events, any road incidents and the difficulties that can arise in transiting remote country areas by our staff, vehicles and clients.
We will endeavour to meet our schedules and your specific travel requirements as closely as possible but we can in no way guarantee precise pickup and drop off times so please do not book any onward travel with time dependent connections at the start or end of your tour; we advise that you do not make any travel arrangements until we have confirmed your booking.
14. Force Majeure
If TJ 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 TJ’s reasonable control, TJ will be under no liability whatsoever to you and may, at its option, by written notice to you, cancel the tour wherein ‘4. Cancellations ’ will apply in respect of cancellation charges.
15. Assumption of risk You acknowledge and agree that:
• by the very nature of adventure travel and cycling 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 remote regions of New Zealand in which adventure travel is undertaken, standards of accommodation, transport, health care, safety and service provision can vary 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 trip after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of New Zealand, 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.
16. 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 TJ (as per the Consumer Guarantee Act 1993), you hereby exclude, release and forever discharge TJ 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.
17. 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 TJ, 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.
TJ, 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 TJ 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 TJ, (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 TJ from any liability, claim or cause of action that may be brought against TJ as a result of or in connection with any act, omission, default, failure or error on the part of TJ (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 TJ from any liability, claim or cause of action that may be brought against TJ by your personal representatives, executors, administrators, dependants or any other person entitled to claim damages in respect of your death.
This condition 17 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:
- that is or may be harmful or disadvantageous to you or the community; or
- that may result in harm or disadvantage to you or the community.
18. Privacy
You permit TJ 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 TJ representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.
19. Images
By accepting these terms and conditions you certify that your image may be used without charge by TJ, 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.
20. 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.
21. 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.
22. 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.