Last updated: 05 December 2020
Please read these booking terms and conditions carefully. In completing and submitting the booking form, you agree to be bound by these conditions which form a contract between Explore Your Backyard (“the company”) and you (“the client”). The person making the booking warrants that, before making the booking, he or she has read and has agreed to be bound by these terms and conditions.
1. Booking
A non-refundable deposit of 20% of the total tour price is required within 7 days of confirmation of arrangements. This deposit is required to cover costs incurred by your booking such as any flights included in your itinerary, National Park fees and permits, and to secure accommodation. A booking shall not be deemed to have been accepted or to be binding until such time as the deposit has been paid. A booking will be deemed to have been accepted once the company has confirmed its acceptance in writing.
2. Payment of the balance of the tour price
The balance of the tour price, being the total estimated tour price less any deposits paid, must be paid at least 30 days prior to the client’s departure date.
Payments by internet banking or bank transfer can be made to our Westpac account: 03-0419-0002152-000 with your name as a reference.
In the event that the balance of the tour price is not paid by the due date noted on the invoice, the company reserves the right to cancel the client’s booking. Explore Your Backyard does not accept credit cards.
3. Prices and Surcharges
The company reserves the right to impose surcharges up to 30 days before departure, or before final payment is made, due to increases in airfares, transport costs including fuel charges, price increases by suppliers, taxes, or if government action should require us to do so. Once the client has paid in full, the company will not be entitled to pass on any surcharges or increases mentioned above.
4. Cancellation by the client
In the event you need to cancel your trip, the following cancellation charges will apply:
Any deposits not transferred to future trips are non-refundable and will be forfeited.
A cancellation or postponement will be effective when Explore Your Backyard receives written notification of the cancellation or postponement. This cancellation policy includes voluntary or involuntary early departure from a trip. No refunds will be given for missed or unused services such as accommodation, activities or meals. You are strongly advised to take out cancellation insurance that will cover cancellation fees at the time of booking.
5. Cancellation by the company
We occasionally may have to cancel any trip at any time up to 30 days before departure if the minimum numbers required to operate the trip are not reached. Please enquire at the time of booking as to whether your trip is confirmed to depart. If we cancel your trip due to minimum numbers not being reached, you can transfer the fare to an alternate departure date for no additional fee or alternatively opt for a full refund. In circumstances where the cancellation is due to events outside our control, such as natural disasters, pandemics, terrorism or political instability, and we are unable to operate the trip as planned; refunds will be less any unrecoverable costs. Explore Your Backyard is not responsible for any incidental expenses that you may have incurred as a result of your booking, including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
6. Minimum numbers
Explore Your Backyard exclusive hosted tours are personally escorted by company founder and director Karen Platzer and are subject to a minimum of 4 participants.
7. Unused services
The company shall not be liable to refund to the client any monies paid by the client for a tour, part of a tour or for any services not used by the client.
8. Price increases
Prices quoted by the company prior to or at the time of booking are calculated by a number of factors, including exchange rates, Government charges, transport costs including fuel charges, prices charged by suppliers in other countries and other matters.
The company will endeavour to ensure that prices quoted by it prior to or at the time of booking remain valid until full payment is made. The client acknowledges that some of the variable factors affecting the cost of the tour, including but not limited to those referred to above, may increase between the time of booking and the time of payment in full. In the event of any such increases, the company reserves the right to pass on to the client any such amounts, provided that it does so at least 60 days before the date of departure.
Once the client has paid in full for the tour, the company shall not be entitled to pass on to the client any increases in the variable factors referred to above.
9. Insurance
For travel to destinations other than New Zealand, it is a requirement of travelling with Explore Your Backyard that you obtain full travel insurance cover. You are required to have cover that includes full medical cover, emergency evacuation and emergency repatriation. We also strongly recommend trip cancellation insurance and insuring against any other travel mishaps such as flight cancellations or delays, loss of luggage and personal effects, theft, or trip interruption, at the time of booking.
10. Acceptance of risk
You agree that you’re willing to participate in a group trip (which requires respect to all members of your group, including the guides) and are physically and mentally prepared to take part in the activities described in the itinerary. You understand that the trip may not follow the exact printed itinerary if circumstances don’t allow, although Explore Your Backyard is committed to doing everything they can to keep your trip running as close to the scheduled itinerary as possible.
You provide consent, should the need arise, for your Explore Your Backyard guide to administer First Aid to yourself and any minors travelling with you. You fully release, indemnify and hold harmless Explore Your Backyard from any and all actions, and any and all claims, for damages whatsoever which may hereafter arise as a result of any first aid treatment in response to a set of signs or symptoms and/or the administration of any medication in response to a medical, implied consent or emergency situation that involves yourself or any minors travelling with you.
Some activities are undertaken in wilderness areas and other outdoor areas where you may be exposed to situations that could pose danger and/or risk resulting from (but not limited to) mammals, birds, reptiles, fish, insects, plants, etc.
It is at the complete discretion of your Explore Your Backyard guide to cancel any activity at any moment if there are concerns for the health, safety and wellbeing of the group or any individual. There will be no refunds for activities missed for this reason.
Your Explore Your Backyard guide can cancel any individual’s trip at any time at the expense of the individual if they do not adhere to the guide’s instruction or are behaving in a manner that could affect the health, safety or wellbeing of others on the trip.
11. Authority on tour
At all times, the decision of the company’s tour leader or representative will be final on all matters of or pertaining to the tour. The client agrees to comply at all times with any decisions or directions of the company’s tour leader or representative as well as with the laws, customs requirements, foreign exchange requirements and drug regulations of all countries to be visited.
Should the client fail to comply with a decision or direction of the company’s tour leader or
representative, unless same shall be manifestly unreasonable or unlawful, then the tour leader or representative may require the client to leave the tour. In that event, the client shall not be entitled to make any claim against the company and warrants that he or she will not do so.
12. Travel documents
The client acknowledges that it is his or her responsibility to obtain and maintain a valid passport, any valid visas, permits or certificates, including vaccination certificates, for any tour outside New Zealand booked with the company. The client further acknowledges that it is his or her responsibility to ascertain any requirements for such matters and to ensure that those requirements are satisfied.
Whilst the company will endeavour to notify the client of any changes to matters of the type referred to above, the client acknowledges that the company has no legal responsibility to do so and further acknowledges that it is the client’s responsibility to ascertain such matters.
13. Medical conditions
The client warrants that he or she will disclose to the company prior to or at the time of the booking of a tour any adverse medical condition from which the client has suffered during a period of 2 years prior to the date of booking. The client acknowledges that such disclosure is important and relevant because it may affect the willingness of the company to accept the client’s booking and may affect any advice that the company would seek to give to the client in relation to any proposed tour.
All clients must satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour. The journeys are suitable for travellers of average fitness and mobility. Travellers may be expected on occasions to carry their own luggage for short distances.
14. Health and Safety
You agree to adhere to Explore Your Backyard’s health and safety measures which include, but are not limited to, being honest if you feel any kind of symptoms that may or may not be related to Covid-19 or any other illness, practising social distancing as directed by your Explore Your Backyard guide, and good respiratory and hand hygiene measures. You agree to complete the specific Covid-19 declaration which will be sent to you as part of your pre-departure documentation.
15. Twin share, single supplement
15.1 Single travellers do not pay the single supplement charged by accommodation providers providing they opt to travel on a “twin share” basis. If we are unable to match a “twin share” client with another “twin share” client of the same sex we will confirm a single room at the twin share price.
15.2. Clients wishing to guarantee a single room throughout the tour should pay the single supplement. This will guarantee you a single room throughout the tour. Please note that the availability of single rooms is limited. Early booking is therefore strongly recommended.
16. Publicity
The client acknowledges that any likeness or image taken of the client on any of our trips may be used by Explore Your Backyard without charge in all media for bona fide promotional or marketing purposes, including, and without limitation, promotional materials of any kind, such as brochures, presentations, videos, website and the internet.
17. Binding law
This Agreement shall be governed, construed and enforced in accordance with the laws of New Zealand.
18. Superseding effect
The terms and conditions set out herein supersede any previous understandings, arrangements or terms and conditions that may previously have existed between the company and the client.
19. Binding effect
The contract between the company and the client, including these terms and conditions, shall be binding upon the heirs and successors of the parties hereto.
20. Data Protection
The company will use its best endeavours to protect the client’s personal information. However, the client acknowledges that the company will, in order to provide the services or products in question, need to provide some or all of the client’s personal information to third parties, including overseas tour suppliers. Explore Your Backyard acknowledges the privacy and data protection obligations it owes to its clients under the General Data Protection Regulation (“GDPR”), effective 25 May 2018 and the New Zealand Privacy Act 2020. These obligations are expressed in Explore Your Backyard’s Privacy Policy.
21. Disclaimer of liability
The company will use its best endeavours to ensure that its obligations pursuant to the contract with the client are satisfied. However, despite those best endeavours, this is not always possible. Unless otherwise excluded or modified by law, the company hereby disclaims liability for any loss of or damage to the client, including loss of life or injury, and loss of or damage to any of the client’s property, however, such loss or damage may be caused. Unless such disclaimer shall be excluded or modified by law, the client warrants that he or she will not make or pursue any claim against the company in respect of any such loss or damage, however caused.
The client acknowledges that the provisions above are reasonable and necessary for the business of the company having regard to a range of matters including but not limited to the following:
21.1 The adventurous nature of tours advertised and offered by the company.
21.2 The location where tours are conducted, and where services, amenities and facilities may be of a lower standard than the standard to which a client is accustomed.
21.3 The tours or parts of them are supplied or undertaken by third party operators. Whilst the company has undertaken due diligence on the quality of the services offered by such third-party operators and has been satisfied as to the adequacy of that quality, it cannot be responsible for any acts or omissions on their part.
21.4 Clients accept that they undertake any optional activity at their own risk and their participation is their own decision and does not form any part of their contract with Explore Your Backyard. Explore Your Backyard does not take responsibility for cancellations, the unreliability of services or safety of these operators, agents or contractors.
The client also acknowledges that there may be flight delays (due to circumstances beyond the control of the company) that may lead to interference with a tour for which the client has booked. The company will not be responsible for any flight delays or loss of flight connections whether such loss is caused by the client, the company, any of its suppliers, an airline or other. In the case of any loss of flight connections, whilst every effort will be made by the company to continue with the booked tour, the company will not be liable to compensate clients for any lost part of their itinerary and the company will not be liable to pay for any additional costs that may be incurred by the client as a result of any loss. The company strongly recommends that clients have insurance that will cover them for flight cancellations and delays.
The client acknowledges that it is the client’s responsibility to check-in on time for his or her flight at any airport. The company will not be responsible for any flights that are not taken by the client due to the client’s late arrival at any airport. It is also the client’s responsibility to contact the relevant airline companies at an appropriate time before any flight departure to confirm that all details relating to their flights are correct.
Declaration
I have carefully read the terms and conditions stated in these pages. I acknowledge that there are certain risks and dangers inherent in a trip of this nature. These risks include but are not limited to, participating in adventure activities, participating in sports involving water, aviation, and/or the possibility of accident or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities. I am voluntarily participating in this Explore Your Backyard trip with knowledge of the possible dangers involved and hereby agree to assume all and any risks, including injury and death. I, therefore, release and discharge Explore Your Backyard and its owners, employees, subcontracted activity and service providers, and business partners from liability for bodily injury, death, property damage or theft, and any of the consequences thereof, arising from my participation in the trip. I enter into this release of liability on behalf of myself, and those members of my family who are under 18. I certify that I am the parent or guardian of any such minors.
These Terms and Conditions were updated on December 5th 2020 and may be superseded by any subsequent updates.