2020-21 BOOKING TERMS & CONDITIONS
Please read the following terms and conditions carefully. They form the basis of the agreement between you and Great Outdoors NZ Limited trading as “A2O Cycle Tours” and “Not a Rail Trail” (“we”, “us” or “the company”). By paying your invoice and placing a booking with us, you agree to these terms and conditions which are legally binding.
1. Bookings and Payments
For all types of bookings, a deposit of $500 per person is required to reserve your booking on the tour. The balance is payable 60 days prior to the departure date of your tour (unless specified otherwise on the invoice). In the event you have not paid the outstanding balance 31 days prior to departure, your booking will be cancelled and your deposit will not be refunded. If you book within 60 days of tour departure you may be asked to pay the whole tour price to reserve your place on the tour. If you have not paid your invoice by the due date your booking will be cancelled and any deposit paid will not be refunded.
2. Types of Bookings
a. Independent Bookings
Independent bookings are invoiced and treated independently of each other. A group of people may all book on the same tour but if they are invoiced separately (eg as individuals or couples) those bookings are treated independently. Scheduled tours are guaranteed to depart once we have a minimum of 4 people who have paid in full. In the event we have to cancel a tour due to lack of numbers, you will be refunded in full. All tour prices are quoted on the basis of twin share accommodation. Individual people who would like their own room and do not wish to twin share with another person will be asked to pay a single person supplement.
b. Group Bookings
“Group Bookings” are priced on the basis of a guaranteed number of people in your group. Group Bookings are invoiced collectively, not individually. If someone within your Group Booking pulls out for any reason, the price of your Group Booking will not change. You are permitted to find a replacement person to substitute for the person who has pulled out, up to 14 days prior to your tour departure but you must notify us as soon as possible. We may not be able to amend the room bookings or bedding configuration. Any substitutions after this date will incur a $200 fee per substitution. If there are available spaces on the tour (we can take a maximum of 10 people per tour), you may request additional friends join your Group Booking at the same per person price as the rest of the group, up to 30 days prior to your departure date. They then become part of your Group Booking and are bound by these terms and conditions. Additions within 30 days of departure are subject to availability of accommodation and will incur a $100 per person administration fee.
c. Private Groups
A “Private Group” is a Group Booking where you have reserved the entire tour for your group only. It must be stated on your invoice and/or booking emails that your booking is a Private Group. The same terms and conditions apply to Private Groups as for Group Bookings, except that in addition we agree not to sell any remaining places on the tour without your consent. Private Group bookings are priced to compensate us for this restriction.
3. Payment Methods
We accept card payments via “Stripe”, a secure card payment services provider. Stripe accepts all major credit and debit cards. We can accept Stripe payments over the phone or by clicking “Pay Now” on your invoice. Card payments incur a 2.5% surcharge to cover Stripe fees. We also accept payments via PoliPay (no surcharge – NZ bank accounts only) or by bank transfer into our account. Bank account details are listed on the invoice. Payment is deemed to have occurred when cleared funds have been received in our account. International telegraphic transfers must include an extra NZD$25 to cover bank intermediary fees, otherwise your balance will not be paid in full. All prices quoted are in New Zealand dollars and include GST.
4. Cancellations and Refunds
If you wish to cancel your booking, you must notify us by email (firstname.lastname@example.org) as soon as possible. The date of cancellation will be the date we receive your written cancellation.
If we received your cancellation:
- More than 60 days prior to departure, you will forfeit $250 per person.
- 60 – 31 days prior to departure, you will forfeit $500 per person.
- 30 – 15 days prior to departure, you will forfeit 50% of the tour price.
- 14 days or less prior to departure you will forfeit 100% of the tour price.
- A no-show on the day of departure means you forfeit 100% of the tour price.
We recommend using insurance to protect yourself against cancellation fees.
Cancellation fees will be deducted from any refund payable.
If one person cancels, out of a couple (sharing a double room), or a pair (sharing a twin room), the remaining person will have to pay a single room supplement. This will be deducted together with the cancellation fee from any refund payable.
For Group Bookings and Private Groups, cancellations can only be made by the group as a whole and will incur the cancellation fees listed above. There is no discount or refund of the agreed tour price, for individuals within your group who cancel their place on the tour. See above for terms relating to substitution of other people within your group.
5. Transfers to Another Tour
In certain circumstances, it may be possible to transfer from one scheduled tour date to another within the same season. Transfers are not possible to a tour date the following season.
Please notify us in writing (email email@example.com) of your request to transfer your booking as early as possible. We do not guarantee this will be possible. It depends on the number of people booked on your original tour and on your requested tour, the availability of accommodation, equipment, staff and how far in advance we receive your request. If your transfer leaves your original tour with less than 4 people, it is not possible. If a transfer is not possible and you are not able to attend your tour, cancellation terms will apply. If we agree to transfer your booking to your desired tour, you will need to pay any difference in tour price as well as any transfer fees listed below.
If your transfer request is received:
- More than 60 days prior to original departure date, a $100 per person fee will apply.
- 60 – 31 days prior to original departure date, a $250 per person fee will apply.
- 30 – 15 days prior to original departure date, a $500 per person fee will apply.
- Transfers within 14 days of your original departure date are not usually possible. In exceptional circumstances if we agree to the transfer, you will be charged a fee which reflects the fair cost to us of effecting the transfer (likely to be $500-$1000 per person).
6. Illness, Injury and Insurance
It is your responsibility to protect yourself against illness, injury or any unexpected circumstances which might prevent you from coming on your cycle tour. We recommend using insurance to protect yourself against any such circumstances. If you are unable to attend the tour for any reason, your booking will be subject to the cancellation terms above.
If you are injured and cannot ride, you are welcome to attend the tour as a non-rider, but please let us know in advance of your tour.
7. Tour Itinerary
An indicative tour itinerary is provided on our website or by email. We reserve the right to amend or change the itinerary, departure times, cycling or driving routes, restaurants, cafés and accommodation options without notice. In the event bad weather or unexpected events prevent the tour from taking a helicopter, train, boat cruise, jet boat ride, wine tasting or similar, we will amend the itinerary as best we can to make up for the missed activity, but there will be no refunds paid out. We reserve the right to change or cancel any activity on the grounds of safety.
8. Cancellation by Us
We reserve the right to cancel any tour prior to departure. If we decide to cancel a tour of our own volition, we will try to transfer your booking to another date the same season or defer your booking until the following season. If you agree to such transfer, we will use your payment as a credit towards the new booking. If you are unable to attend any of our alternative dates, you will be refunded in full. However, you will not be entitled to claim any additional amounts or compensation for any lost costs, expenses or other loss or damages resulting from the cancellation. We advise you to use insurance to protect you against such circumstances.
9. Force Majeure
If we are prevented (directly or indirectly) from performing any of our obligations under this agreement or we are forced to cancel or amend a tour due to extreme weather, closed roads, closed cycle trails, war, terrorism, famine, pandemic, strikes, trade disputes, fire, earthquake, breakdown, interruption of transport, government or political action, civil emergencies, acts or omissions of any third party or supplier, or any other cause outside our reasonable control, we are under no obligation or liability to you and may, at our option cancel, defer or amend a tour, or make alternative arrangements as is required. We will take reasonable steps to try and mitigate the situation and continue to provide a cycle tour, but we are under no obligation to refund you and may charge cancellation or administration fees if necessary. We advise you to use insurance to protect you against such circumstances.
10. Questionnaires, Health and Fitness and Dietary Requirements
Each customer must complete a tour questionnaire as soon as possible upon booking. It is your responsibility to complete the questionnaire accurately. It may not be possible to change bookings, provide the correct equipment or cater to your needs if you fail complete the questionnaire correctly. We accept no liability to you for providing incorrect room arrangements, bikes or equipment, or failing to cater to any dietary requirements or food allergies. In the event we are able to take steps to rectify any problems, we reserve the right to charge you a reasonable fee which reflects our time and costs.
You must be in reasonable health and advise us of any serious health conditions. If you are unsure whether we need to know, please note it on your customer questionnaire. We will keep this information confidential. We reserve the right to withdraw any person from a tour (with no refund) if we think you pose a danger to your own health, or anyone else, or if you have failed to disclose any material medical conditions prior to your tour.
It is your responsibility to have the necessary skills and fitness to complete your tour. Your tour guide will take reasonable steps to assist you, but in the event you are not fit enough or lack the skills to ride any sections of the trail, you must follow their instructions which may include riding in the van.
11. Third Party Suppliers
We engage third party suppliers to provide certain services on the tour, including food, accommodation, helicopters, jet boats, wine tastings etc. We accept no liability for such third party suppliers or their activities. Any claim or cause of action you may have in respect of such service is against the third party supplier and not against us.
12. Removal or Withdrawal from a Tour
We reserve the right to remove any person from a tour (without refund), who in our opinion, is likely to endanger themselves or others, is overly rude or aggressive, discriminatory, intoxicated, conducting any illegal activity, refuses to wear a seat belt or cycle helmet, deliberately seeks to disrupt the tour, or refuses to comply with reasonable instructions of the tour guide. We reserve the right to charge a fee to cover any costs associated with such removal.
If anyone wishes to withdraw from a tour for any other reason, we will do our best to arrange transport off the tour as best we can. No refunds will be given. We reserve the right to charge a fee to cover our costs. Our tours travel to remote parts of the South Island with infrequent transport options so please note that removal or withdrawal from a tour may be difficult or time consuming.
13. Your Possessions
It is your responsibility to look after all your possessions whilst on tour. We encourage you not to bring any precious or highly valuable possessions on tour. We accept no liability in the event of any loss, accident, fire, theft or similar. If you leave any possessions behind anywhere, we may try to return these to you, within reason. But we do not guarantee this will be possible and we reserve the right to charge a fee to cover our costs. We advise you to consider insurance to protect your possessions.
14. Liability Waiver
Mountain biking, driving and cycle touring is an inherently risky activity. You acknowledge and accept there is a risk of injury, death, property damage or loss on your tour. You agree to release, waive, discharge, hold harmless and indemnify the company, our directors, employees, contractors, agents or other representatives, from any claim, cause of action or loss you may suffer as the result of or in connection with the tour. To the extent permitted by law, we disclaim any and all liability arising out of or in connection with providing your tour. To the extent our liability is not excluded, our liability is limited to the price of your tour. We advise you to consider insurance to protect you against these risks.
Information and personal data supplied by you will only be used by us. Unless you tell us otherwise, you agree that we may add your email address to our mailing list for sending newsletters. We will keep your information confidential and in accordance with any applicable data privacy laws. In the unlikely event of an accident or emergency, you agree we may share relevant medical or personal information you have given us to medical or emergency services.
These terms and conditions are governed by the laws of New Zealand.
Last Updated 31 March 2020