General Terms & Conditions
Adventure New Zealand Motorcycle Tours & Rentals (GoTourNZ.com) - (the big print)
Guided, Self Guided Tour Terms and Conditions - (the small print).
In the interests of eliminating any possible misunderstanding, we would like you to take a few moments to familiarise yourself with the terms and conditions under which we operate our Guided and Self Guided Tours.
Please note that for the purposes of this Agreement, the terms "us" and "we" refer to Adventure New Zealand Motorcycle Tours and Rentals Ltd. (ANZMTR) and its employees.
First and foremost however, we wish to make it clear that as our services are being supplied in New Zealand, that both tour participants and ANZMTR agree to be bound solely and exclusively by New Zealand law.
Tour Operator: GoTourNZ (Adventure New Zealand Motorcycle Tours and Rentals Ltd.)
Directors: John & Ian Fitzwater,
29 Bolt Rd, Tahunanui,
P.O.Box 674,
Nelson,
New Zealand.
Tel: +64.(0)3.548-5787
Fax: +64.(0)3.548-5783
Mobile: +64.(0)21.969 071 (John) or +64.(0)21.332-076 (Ian)
E-mail : mctours@gotournz.com
Internet: www.goTourNZ.com
THE FINE PRINT :-)
1. Reservations, Deposits and Final Payment:
You may make Tour Applications via the Internet/our website (preferred) mail, fax, telephone or e-mail. Booking reservation inquiries should be followed by a Tour Application and deposit for each person within 7 days.
Deposits may be made by wire transfer (preferred), credit card authorisation, and postal money order.
Your deposit is fully applied against your final payment.
If you submit a Tour Application without having made a booking request and we are unable to place you on your requested tour due to it being oversubscribed, your deposit will be promptly refunded.
After a Tour Application is received and accepted by us , a reservation is binding.
Final payment is due no later than 8 weeks prior to tour departure.
We prefer Final Payment to be made by Bank Cheque or Wire Transfer to our bank.
Credit cards may be used for Deposits and Final Payments, though payments by credit card on the Final Payment can attract an additional surcharge of 1.5-3.5% depending upon the card issuer. To avoid this charge, please consider following our preferred method of paying the balance by wire transfer or bank cheque.
We reserve the right to cancel reservations not paid for in full by the due date.
Tour Applications made within 8 weeks of the tour date must be accompanied by the Full Payment.
2. Credit Card Authorisation and Use:
All amounts billed to your credit card will generally be in New Zealand currency. The exchange rate applied is controlled by your credit card provider.
3. Tour Features:
Are listed separately. Our Best Value and Best of the Best Rates are per person for rider and/or passenger using share twin accommodation. Passengers are assumed to be sharing the same room as the rider.
4. The Tour price does not include:
International airfares to or from New Zealand, domestic airfares, personal items,
passport and visa fees, fuel, oil, road tolls, fines, tips or gratuities (uncommon
in NZ), laundry or dry cleaning, telephone calls, beverages or room snacks, lunches,
dinners on free days, medical and personal accident insurance, optional tours
and sightseeing activities. We STRONGLY recommend all tour participants take
Travel Insurance when making travel arrangements, particularly to prevent loss
of deposits or the tour fare should you, or we, be forced to cancel your tour
at the last minute. We may be able to provide Travel Insurance upon you request.
Please ask if interested. It does include Your motorcycle, with full comprehensive
insurance, accommodation whilst on tour, breakfasts where applicable, most evening
meals, and a tour guide with support coach and trailer where applicable.
5. Cancellations and Refunds:
Guided Tour Cancellation Policy:
We guarantee all Guided tour departures (subject to tour format conditions -
minimum numbers apply on Best Value (6 pax) and Best of The Best (4 pax) format
Guided Tours) . Should a tour be cancelled by us due to minimum numbers not
being achieved, you will be offered a chance to join another tour that has sufficient
numbers, or the choice of changing to a Self Guided Tour, or personally guided
tour (additional costs may apply for a personally guided tour). It is your responsibility
to protect yourself from this occurence with a a good Travel Insurance policy.
Our policies regarding Guided Tour cancellations (on your behalf) are:
If cancelled 12 weeks or more prior to the tour start date, the cancellation
fee is limited to NZ$250 per person.
If cancelled between 8-12 weeks prior to the the tour the cancellation fee is
NZ$2000 per person.
If cancelled within 8 weeks of the tour, a cancellation fee of 100% of the tour
fare will be applied, unless we are able to sell your place on that tour, in
which case a refund will be applied pro-rated to the amount recovered after
the deduction of reasonable expenses.
There will be no refunds at all after the tour has commenced.
Needless to say, all losses due to cancellation can be avoided with
A GOOD TRAVEL INSURANCE POLICY!!! Please, please, please make sure you have
one (or don't grumble if something goes wrong and you have to cancel....). Note:
Using your VISA and Mastercard Gold Card may give you some protection with the
included travel cover - please check your card issuer's fine print first though.
You may provide a substitute person without forfeiting your deposit, however
an NZ$200 crossover fee will apply. No refunds are possible for a no-show or
for unused portions of your tour. Refunds for missing meals or sightseeing activities
will not be granted. If a tour is unable to proceed for reasons beyond our control,
our agents or contractors for case force majeure, such as riots, floods, earthquakes,
volcanic eruptions, strikes etc, this Agreement becomes invalid.
Self-Guided Tour Cancellation Policy:
Your Self-Guided Tour fare is made up of these components - accommodation, any
meals and activities you request, motorcycle rental, and our fee for detailed
planning, booking and printing of your customised itinerary.
We can cancel accommodation bookings and motorcycle rental bookings given enough
notice, however, subject the the conditions listed below. Any changes to the
itinerary that are requested after your itinerary has been completed will attract
additional charges.
Please note that once our quote has been accepted and we have commenced work
on planning and booking your Self Guided Tour, your deposit becomes non-refundable
you become liable for the itinerary preparation component of your tour, irrespective
of the cut-off periods given below. If cancelled 12 weeks or more prior to the
tour start date, and before any itinerary preparation has commenced (see above)the
cancellation fee is limited to NZ$250 per person.
If cancelled between 8-12 weeks prior to the the tour a cancellation fee is
NZ$2000 per person - i.e. loss of deposit.
If cancelled within 8 weeks of the tour, a cancellation fee of 100% of the tour
fare will be applied. There will be no refunds or adjustments at all after the
tour has commenced (e.g. arriving late or returning home early).
Again, all losses due to cancellation can be avoided with A GOOD TRAVEL
INSURANCE POLICY. It is your responsibility to protect yourself from loss. Please,
please, please make sure you have one (or don't grumble if something goes wrong
and you have to cancel....). We may be able to provide you with a comprehensive
travel insurance. Please ask for details when booking.
6. Motorcycles..
All motorcycles are insured for collision and comprehensive insurance with an
excess (Loss Damage Waiver) of NZ$4000. For a small additional daily charge you
can take a CDW/Excess insurance policy to reduce your liability with respect to the excess/LDW to NZ$250. No other insurance covers are implied on rental use.
Motorcycles model allocations are determined on the order of Tour Applications and deposits received.
We reserve the right to prevent any tour participant who is clearly intoxicated
beyond NZ legal limits from riding the rented motorcycle. (Insurance cover is voided when under the influence of alcohol). Note that the responsibility of the
suitability of the style or model of motorcycle chosen is the responsibilty of
the Hirer
7. Motorcycle Safety and Security Deposit:
A deposit of NZ$4,000 must be deposited or secured before tour or rental departure on all motorcycles. For a small additional daily charge you can take a CDW/Excess insurance package to reduce
your liability with respect to the excess/LDW to NZ$250. Upon return of the undamaged
motorcycle the Security Deposit will be fully refunded. Deposits can be made with
American Express, MasterCard, and Visa credit cards; Traveller's Cheques or cash.
8. Riders:
Should be at least 20 years of age, unless by prior consultation, possess a valid unrestricted motor cycle riders license and have at least 2 years or 10,000 miles of driving experience operating a high performance motorcycle (this rule may be waived at our discretion). Riders improve their riding skills during a tour, but you should not expect to learn to ride a motorcycle while on tour. We recommend you bring your own personal riding gear, however, it may be purchased or hired from us on arrival. The wearing of an approved motorcycle helmet is mandatory in New Zealand.
9. Riders and Passengers:
Must be aware that traffic, road, weather, and other conditions, as well as other motorcyclists can change the inherent risk of enjoying this sport . Both riders and passengers understand and fully accept those risks and are solely responsible for keeping their motorcycle under control, selecting an appropriate speed and adhering to New Zealand laws. As a rider you are solely responsible for your choice of riding style and speed whether accompanied by a guide or riding solo. Riders and passengers, their heirs, successors and assignees agree to release, indemnify and hold ANZMTR, its agents, contractors and employees harmless from any and all liabilities or claims directly or indirectly related to participation on a tour or motorcycle rental.
The staff and management of Adventure New Zealand Motorcycle Tours & Rentals Ltd (GoTourNZ.com) take all practicable steps to identify and minimise potential dangers, however you must follow our instructions at all times. You must release or indemnify Adventure New Zealand Motorcycle Tours & Rentals Ltd (GoTourNZ.com) and our staff against any liability we incur to anyone else, resulting from your failure to follow our instructions or the failure of any person accompanying you under the age of 18 to follow our instructions.
10. Additional Insurance:
Is highly recommended for any extended travel and is your responsibility to obtain,
though we may be able to assist with a very comprehensive and inexpensive package with a
New Zealand insurer. Please ask if you are interested in this. We strongly recommend you should include insurance for, but
not limited to: trip cancellation/ interruption, personal accident, health, medical,
hospitalisation, disability, life, personal property, baggage, etc. Please contact
us, or your insurance and/or travel agent to review your particular insurance
needs while overseas.
11. Responsibilities and Liability:
We are responsible for providing and arranging the services listed in our tour itineraries and descriptions.
We are responsible for conscientious travel preparations, and we review our accommodation providers, restaurants and contractors, on a continuous basis.
We reserve the right to modify any part of a tour in the interests of improvement or to adapt to other situations as they arise.
We will not be held responsible or liable for expenses incurred as a result of delays in flights or missed connections.
We will not be held responsible or liable for any delays or any changes in the schedule in response to unplanned events.
We will not be held responsible or liable for any accidents and/or bodily injury or death, resulting from the use of a motorcycle, and riders and passengers indemnify all such claims against us, and our employees.
We are not responsible for any Act of God, strikes, theft or other conditions beyond our control.
We are not responsible or liable for any property lost or damaged while using a rental motorcycle.
Exclusions:
To the extent permitted by law, all our liability for damage to your property, disruption to travel plans, or mental injury is excluded, This exclusion is subject to any rights or remedies you may have under the Consumer Guarantees Act 1993
12. Tour Prices:
Prices given are valid for the current season only and are subject to change without notice.
13. Passports and Drivers License:
These are your responsibility. Please contact your appropriate local authorities and associations for further information. Riders must have a valid and unrestricted motorcycle license appropriate to the model and capacity of machine rented. An International Driver's Licence is not required. You need only your valid unrestricted motorcycle licence from your own country..
14. Room Occupancy:
On Guided and Self Guided Tour fares, unless otherwise stated, all fares are based on double occupancy ( i.e. share twin). The Passenger fare assumes the passenger is sharing a room with the Rider. If you require a room to yourself we can supply this at additional cost.
15. Special Arrangements:
If you leave or fail to complete a tour for any reason you must make your own arrangements for transportation, lodging, and motorcycle return to the rental centre, etc., at your own expense, unless prior arrangements with us have been made. Any recovery or salvage expenses for returning the motorcycle to our Nelson depot will be on-charged to the client's account or deducted from the security deposit.
Any requests made by you for changes or modifications to your itinerary, such as (but not limited to) route changes, accommodation changes, changes to pre-booked air, bus or ferry travel will incur additional charges (including charges for our time) and will be charged to your account or credit card. Speeding tickets, parking offences, speed camera fines etc incurred by the client will also be on-charged, plus a fee for time spent by us.
Acceptance of these Terms & Conditions authorises ANZMTR/GoTourNZ.com to make such charges to the credit card presented.
16. Privacy of Information:
Supplied to us, by you, is entirely confidential to us. This data is used solely by us, and will not be provided to any other party.
17. Agents and Representatives:
Travel Agents representing us are not party to this contract, and are not liable for the failure to provide any land portion services as described on our current Website or in our brochure.
18. Corrections:
We reserve the right to correct printing errors or omissions at any time. Unaffected portions continue to remain valid and do not affect this agreement as a whole. Invalidation of individual items in this Agreement does not lead to the invalidation of the entire Agreement.
19. Verbal Arrangements:
That attempt to change these terms and conditions only become valid when confirmed in writing by us. These terms and conditions, in conjunction with the information contained on our brochures and Internet Website constitute the entire Agreement between you and ourselves. There are no other conditions, representations or guarantees other than those made here.
Note that the submission of a Rental, Self-Guided or Guided Tour Booking Form constitutes an acceptance of the above Terms & Conditions.
Agreement to Hire Rental Vehicle
VEHICLE DESCRIPTION
1. The owner will let and the hirer will take on hire the motor vehicle described overleaf hereinafter referred as "the vehicle.
2.DURATION OF HIRE
The terms of hire shall be for the period as described overleaf.
PERSONS WHO MAY DRIVE THE VEHICLE
3.The vehicle may be driven during the period of hire only by the hirer and persons appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY HIRER
4. The hirer shall pay to the owners as payment for the hire of the vehicle for the period of hire referred to in Clause 2 of this agreement, the hire charge at the rate referred to overleaf. The minimum rental charge is 24 hours. Each hour thereafter is charged at one-fifth (1/5) of the daily rate, up to five hours, which shall constitute a full days charge. Each half-hour is rounded to the nearest hour.
5. In addition to the payment referred to in clause 4 of this agreement the hirer shall pay to the owner the insurance charge at the rate referred to overleaf, for the insurance cover set out in clause 10 of this agreement.
6. In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to overleaf.
The total distance that the hirer may run the vehicle during the period of hire shall not exceed XXX kilometres
If this clause is not completed then the distance restriction is not applicable to this hire.
7. The hirer shall pay for all petrol and oil used in the vehicle during the period of hire.
HIRER'S OBLIGATIONS
8. The hirer shall ensure that:
(a) The water in the radiator and battery of the vehicle is maintained at the proper level.
(b) The oil in the vehicle is maintained at the proper level.
(c) The tyres are maintained at their proper pressure.
9. The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
INSURANCE
10. Subject to the exclusions set out below the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he or she might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recover of the vehicle and its accessories and spare parts.
Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he or she might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recover of the vehicle and its accessories and spare parts.
Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $250,000 in respect of any liability he or she might have for damage to any property (includng injury to any animal) belonging to any person and rising out of the use of the vehicle.
EXCLUSIONS
The indemnities referrd to above shall not apply where the damage, injury or loss arises when:
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle.
(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle.
(c) The vehicle is operated in any race, speed test, rally or contest.
(d) The hirer is not a body corporate or department of State and the vehicle is driven by any person other than the hirer or any other person named under clause 3 of this form.
(e) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle.
(f) The vehicle is wilfully or recklessly damaged by the hirer or any other person named under clause 3 of this form, or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person.
(g) The vehicle is operated outside the term of the hire or any agreed extension of that term.
It is agreed between the owner and the hirer that section eleven (11) of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The hirer acknowledges by signing the front of this form that the hirer is aware of the above exclusions.
HIRER'S LIABILITY
The hirer acknowledges that he or she shall be liable for damages or loss to the extent indicated under the heading "Hirer's Liability" on the front of this contract. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.
REJECTION OF INSURANCE
11. If insurance is rejected the hirer accepts by signing the front of this form that the vehicle is hired at the hirer's own risk in respect of loss of or damage to the vehicle and consequential loss by the owner. The hirer accepts by signing the front of this form that he or she may be liable to the owner for damage or loss of the vehicle and consequential loss.
If insurance is rejected the hirer accepts by signing the front of this form that he or she has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
OWNER'S OBLIGATIONS
12. The owner shall supply the vehicle in a safe and roadworthy condition.
13. The owner shall be responsible for all ordinary and extraordinary cost of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer.
NOTE: By virtue of clause 7 of this agreement, the cost of petrol and oil, used during the term of the hire is the responsibility of the hirer.
MECHANICAL REPAIRS AND ACCIDENTS
14. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the Owner of the full circumstances by telephone as soon as practicable.
15. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner, except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
16. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer, or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
USE OF THE VEHICLE
17. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part 1 of the Transport Services Licensing Act 1989.
18. The hirer shall not:
(a) Sublet or hire the vehicle to any other person.
(b) Permit the vehicle to be operated outside his or her authority;
(c) Operate the vehicle, or permit it to be operated in circumstances that constitute an offence by the driver again section 58 of the Transport Act 1962 (which related to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug)
(d) Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest.
(e) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations, or bylaws relating to road traffic.
(f) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;
(g) Drive or permit the vehicle to be driven by any person if at the time of his or her driving the vehicle the hirer or other person is not the holder of a current driver's licence appropriate to the vehicle.
RETURN OF VEHICLE
19. The hirer shall at or before the expiry of the term of hire, deliver the vehicle to the address from which the vehicle was hired, or to such place of business of the owner or the owner's agent as may be agreed upon or obtain the owner's consent to the continuation of the hire.
IMMEDIATE RETURN OF THE VEHICLE WHERE DEFAULT OR DAMAGE
20. The owner shall have right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.
PERSONAL ACCIDENT COVER
Adventure New Zealand Motorcycle Tours & Rentals Ltd. in association with its insurers can provide additional personal accident cover (to that available under the terms of the Accident Compensation Act) to cover the occupants (excluding hitch-hikers) of the hired Rental Vehicle who may suffer death or personal injury, caused as a result of a motor vehicle accident, whilst travelling in, alighting from, or entering the ANZMTR vehicle whilst on hire. To effect such cover the specified space on the Rental Agreement must be signed and the appropriate premium paid. The insurance cover is available to persons age 15 to 70 years at the time of accidental death or personal injury. The cover is subject to the terms, conditions and limitations of the Master Policy held at the registered Office of Adventure New Zealand Motorcycle Tours & Rentals Ltd. Nelson.
BENEFITS
PRIVACY ACT
The information requested from you is to enable this company to assess your request to hire a vehicle from us and in order to comply with the requirements of the Transport Services Licensing Act 1989. You do not have to supply this information, but if you do not, we are unable to hire a vehicle to you.
NOTE TO HIRER
The owner must give you at least one copy of this agreement, a copy must be kept in the vehicle throughout the term of the hire, and produced on demand by any police officer, traffic officer, or any authorised employee of the Authority.
I have read and agree to the terms of this Agreement.
If I have presented a charge card for payment, all charges including parking infringments and speed camera fines may be billed to the charge card and my signature will be considered to have been made on this applicable card voucher.