In these Terms and Conditions of tour (called Conditions) offered by www.flightours.co.nz through www.air2there.com ltd include staff of air2there.com Ltd, Tihei Tours Ltd and Steam Incorporated. These Conditions apply to all tours, tourists and baggage by flightours.co.nz and Steam Incorporated and are to be read in conjunction with and subject to the provisions of all applicable laws, including the limitations of liability in the carriage by Air Act 1967 and the carriage of Goods Act 1979. Terms and conditions which apply to Steam Incorporated are wholly contained in the following paragraph.
Steam Incorporated Conditions of Train Travel and Excursions
When a booking is accepted passengers are bound by the conditions of travel.
Steam Incorporated, KiwiRail, Tranz Scenic, Ontrack/KiwiRail Networks (New Zealand Railways Corporation), Federation of Rail Organisations of NZ, bus companies and venue owners accept no responsibility for loss or damage to passengers and their belongings.
The organisers reserve the right to substitute motive power or rolling stock if operational needs require it.
The organisers accept no responsibility for variations to any arrival or departure times. However, every attempt will be made to keep passengers fully informed of any alterations to the schedule.
Each booking carries a non-refundable booking fee of $10 (except in the event that the trip does not run or is over-booked).
No refunds will be given in the event of breakdown or delay after joining the train.
In the event of cancellation by intending passengers, refunds will be made only if a clear 7 working days’ notice is given before the trip runs. Each cancellation will incur a $10 administration fee.
In the event of cancellation by the organisers, Steam Incorporated reserves the right to offer vouchers to the same value for future rail excursions as an alternative to refund.
Our child fare is under 14 years. Children under 5 years will be issued free tickets for the train travel and tours, but must sit on an adult’s knee. The full child fare is payable for a reserved seat.
FLIGHTOURS Terms and Conditions
flightours.co.nz may from time to time make separate regulations or rules or give notices or set other terms and conditions relating to any specified tour or requirements. All such Rules shall apply equally as these Conditions as though fully set out here. flightours.co.nz may vary or amend any Rules from time to time. Where there is any conflict between these Conditions and any Rules, these Conditions shall apply.
CONTRACT OF TOUR
All tours shall be performed to a contract between air2there.com(2008) ltd and the tourist. All Contracts shall be subject to Rules
relating to such matters as terms of issue, period of validity, requirements for payment and attendance time and date for the tour.
TRAVEL PROCEDURES
tourists must attend at least 30 minutes prior to commencement of their tour. flightours.co.nz may cancel a booking if a tourist fails to arrive prior to commencement and a tourist may forfeit all payments. Every booking is automatically allocated a unique reference number usable for booking confirmation. A booking confirmation is available on request.
TOUR FEES
charges apply only for the tour from the place of assembly and must be paid for prior to the tour. The tourist must also pay any other charges that may be applicable.
SERVICE FEE:
flightours.co.nz reserves the right to charge service fees for reservations. When service fees apply, they will be communicated to the customer and once a reservation is confirmed and or paid for, shall be non-refundable. The service fee for non internet and telephone booking is set at $15 per person or group.
CHARGE CONDITIONS
Liability for payment occurs at time of booking.
SCHEDULES
Tours will be performed in accordance with such
schedules as flightours.co.nz may from time to time determine or publish. flightours.co.nz may vary such schedules or cancel tours at any time. flightours.co.nz will use its best efforts to perform the service in accordance with the contract of tour. However performance is not guaranteed and the schedules and the times of any tour are subject
to change at any time without notice. In particular, flightours.co.nz cannot guarantee the timely performance of any tour where there is:
1. any fault or neglect of a tourist
2. any operational, maintenance, weather, or emergency requirements
affecting resources.
3. force majeure or any matter outside the control of flightours.co.nz, air2there.com or Tihei Tours.
flightours.co.nz may offload or decline to carry any tourist should weight limitations or seating capacity require this. flightours.co.nz
reserves the right without notice to substitute guides, aircraft
or other vehicle for any tour or tour component. Timetables shown are subject to change without notification.
CONTROL OF TOURS
air2there.com will exercise authority and control in respect of the operational and safety aspects of all tours and may change the tour details, decline tour to any tourist, or make any other decision in relation to a tour as it may consider appropriate. This authority and control may be exercised by a duly authorised officer of air2there.com, flightours.co.nz, tour guide or crew of the aircraft.
OBLIGATIONS WHERE A TOUR CANNOT BE PERFORMED
Where flightours.co.nz is unable to commence or continue any tour or carry any contracted tourist it will endeavour to provide an alternative tour or tour component to the same value or utility.
If alternative tour or tour component is not possible the tourist may re-book with flightours.co.nz, leave a credit for future use or receive a partial or full refund less any credit card fees that have been deducted from the payment. A tourist who is refused tour or part of a tour may receive a refund for such part of the tour as may be applicable. flightours.co.nz has no obligation for refund to a tourist who is late for, or misses a tour.
SKI EXCURSION GROUND POSITIONING
The aircraft may be repositioned without notice. Alternative ground transport to the aircraft location or back to Paraparaumu Beach Airport will be provided.
LIMITATION OF LIABILITY
flightours.co.nz has no obligation or liability to any tourist for any unperformed or delayed tour except as set out in these Conditions.
In particular flightours.co.nz has no liability for any missed connections or appointments or for any consequential or other loss. This limitation of liability extends to flightours.co.nz’s agents, officers, servants and representatives.
CONSUMER GUARANTEES ACT
These Conditions are subject to the provisions of the Consumer Guarantees Act 1993 where they are applicable. Where any tourist undertakes undertakes tour for business purposes the provisions of the Consumer Guarantees Act 1993 shall not apply.
NO WAIVER OF CONDITIONS
No agent, representative, or employee is authorised to waive the application of any of these Conditions or Rules.
BAGGAGE ON SCENIC TOURS
There is no provision or allowance for any baggage on scenic tours and excursion flights except for personal handbags and items for the care of an infant.
BAGGAGE ON SKi EXCURSIONS
There is 15kg maximum baggage allowance for ski excursion flights. It may not be possible to carry overweight baggage. Carriage of some items may not be possible depending on their dimensions other than weight. Please check well prior to the trip whether carriage of unusually sized items is possible.
TOURISTS WITH SPECIAL NEEDS
Arrangements for infants, unaccompanied children, incapacitated persons, pregnant women, persons with illness, or other persons requiring special assistance, are subject to prior, satisfactory arrangement with air2there.com at the time of booking. Tourists with mobility problems or in wheelchairs can be accepted for tour only after discussion and agreement with flightours.co.nz and if parties are satisfied that arrangements are sufficient to avoid compromise of safety. Wherever possible appropriate arrangements will be made for the tourists to be assisted. Tourists requiring special care and assistance during a tour should travel with a companion who can provide this. air2there.com staff may be unable to meet individual special needs. Tourists aged 7 days to 23 months inclusive are categorised as infants and may accompany a tourist caregiver free of charge but will be treated as part of the personal baggage weight allowance. Infants travelling free of charge must not occupy a seat. If a seat is required normal charges will apply.
COMPETITION RULES
Competition entries will not be accepted from employees of air2there.com or Snow Express. Competitions will be decided by a draw from those valid entries that are correctly set out and answer any questions. No correspondence will be entered into in respect to the results from unsuccessful entries. Weekly prize draws must be redeemed during the season and when booked for an excursion.
NEW ZEALAND LAWS
These Conditions shall be governed by and interpreted in all respects in accordance with New Zealand law and subject to the jurisdiction of the New Zealand courts.