Terms and Conditions

Traveldrift.co.nz is owned and operated by Travel drift Limited ("Traveldrift", “us”, “we” and “our”).

Postal Address: C/- PO Box 81, Te Anau, New Zealand

Email: [email protected]drift.co.nz

This document contains the terms and conditions governing your use of this website and any order or purchase of a product, ticket or booking made via this website. By using this website you agree to be bound by these Terms and Conditions.

By using this site you warrant to us that you are at least 18 years old, and can form a legally binding contract that is enforceable against you.

If you do not agree with these terms and conditions or are under the age of 18 years old you must not use this site.

DEFINITIONS

Advertised Price
- in relation to a particular Product, means the price advertised for that product on the Traveldrift Website.

Product
- means a product or service which a Tourism Supplier offers to tourists and/or the public and which Traveldrift has agreed to market through the Traveldrift Website. A “Product” may (without limitation) include a tour, transport, an activity, an attraction or other commissionable tourism product.

Product Data
- means any data and information about a Product which a Tourism Supplier provides to Traveldrift, including (without limitation) any imagery, descriptions, rates, inclusions, restrictions and the Advertised Price, and which is displayed on the Traveldrift Website.

Tourism Supplier
- Means any tourism operator or other business which lists information about its products and services on the Traveldrift Website for the purposes of advertising and selling its products to Visitors through Traveldrift.

Traveldrift Website
- means the website(s) located at www.Traveldrift.co.nz and www.Traveldrift.com and other domains notified to you by Traveldrift from time to time and on which Product Data is available for viewing by Visitors.

Terms and Conditions
- Means these terms and conditions.

Visitor
- means a user of the Traveldrift Website, and, in relation to your use of the Traveldrift Website, includes you.

BACKGROUND

Traveldrift operates as an agent linking New Zealand Tourism Suppliers with Visitors in or visiting New Zealand. We receive payments from Tourism Suppliers for the provision of our services to them as agent. The Traveldrift Website provides a forum where you can find information about and book activities and attractions provided by Tourism Suppliers. You agree to use the Traveldrift Website for this purpose only.

These Terms and Conditions are subject to change. It is your responsibility to view the current Terms and Conditions when accessing the Traveldrift Website. Continued use of the Traveldrift Website shall constitute acceptance of changes to this document.

GOVERNING LAW: These Terms and Conditions are governed by New Zealand law, and you submit to the exclusive jurisdiction of the courts of New Zealand over any dispute arising from this Agreement.

VALIDITY: If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect.

NO WAIVER: Traveldrift will not be deemed to have waived any right under these Terms and Conditions unless the waiver is in writing and signed by Traveldrift

HEADINGS: The headings used in these Terms and Conditions are included for convenience only and do not affect or limit the use or application of these Terms and Conditions.

SYSTEM INTEGRITY: We will use reasonable efforts to ensure the availability of the Traveldrift Website. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the Traveldrift Website being unavailable for any reason. Further, Traveldrift assumes no responsibility for any corruption of any data or information held by us on the Traveldrift Website and associated databases, and does not warrant that the Traveldrift Website will be uninterrupted or error-free, or free from viruses, faults or other harmful content.

Subject to any obligations we have to you under the Consumer Guarantees Act 1993, the Traveldrift Website is provided “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Traveldrift Website will be safe or secure. Traveldrift is not responsible for the actions, content, information, or data of third parties (including Tourism Suppliers) in connection with the Traveldrift Website, and you release Traveldrift, its directors, officers, employees, contractors and agents from any claims and/or damages arising out of or in any way connected with any claim you have against any such third parties.
You agree that you will not, without the express permission of Traveldrift, alter, modify, copy, reproduce, republish, frame, upload, post, transmit or distribute any content from or to the Traveldrift Website. You may not use this site for any commercial purpose without our express permission. Content on the Traveldrift Website is subject to copyright and may be trade marked. You are not, in any circumstances, permitted to use any material on the website for any purpose other than booking Products in accordance with these Terms and Conditions.

You agree not to use any robot, spider or other automatic device, program or algorithm to monitor or “scrape” the Traveldrift Website.

These Terms and Conditions may be translated into any language other than English, in the event that there are any discrepancies the English version shall prevail.

1.0 INDEMNITIES AND RELEASES
1.1
Traveldrift acts as agent for Tourism Suppliers who use the Traveldrift Website as a forum to reach customers. Subject to any obligations we have under statute, Traveldrift disclaims all responsibility for any loss, injury or damage which may occur during your receipt or use of or attendance at a Product booked through the Traveldrift Website, or for any failure of the Tourism Supplier to provide any Product or part of a Product. Visitors travel at their own risk.
1.2
When you book a Product through the Traveldrift Website, you form an agreement directly with the relevant Tourism Supplier, Traveldrift is not a party to any agreement or transaction between you and that Tourism Supplier. Accordingly, you agree not to involve, or attempt to involve Traveldrift in any dispute or in the resolution of disputes that may arise between you and a Tourism Supplier in relation to a Product. The inclusion on the Traveldrift Website of any third party material (including that of a Tourism Supplier) or a link to a third party website (including a Tourism Supplier’s) does not mean Traveldrift endorses or approves that third party or the third party material.
1.3
Without affecting any of your statutory consumer rights that cannot be lawfully excluded or limited: a) we will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with the Traveldrift Website or any Products or services purchased or booked on that website, and b) we make no warranty or representation as to the fitness or suitability of any Product or service displayed on the Traveldrift Website or any linked site. Where our liability cannot be excluded, to the extent permitted by law, such liability is limited to the value of any booking you made at the relevant time. We sell Products and services from inventory and pricing supplied by each Tourism Supplier we do not accept liability for unavailability caused by a supplier over-selling their inventory.
1.4
You agree to indemnify us against any losses, costs, expenses, claims, liability or damages arising in connection with your breach of these Terms and Conditions.

2.0 Traveldrift WEBSITE SECURITY
2.1
Traveldrift recommends changing your password frequently to protect the security of your membership and personal data.
2.2
You are responsible for keeping your login information, including your email address and password, secret and secure. Traveldrift will never ask you for your password.

3.0 Traveldrift WEBSITE CONTENT
3.1
Each Tourism Supplier is responsible for the accuracy of its Product Data on the Traveldrift Website, including (without limitation) pricing, availability and descriptions of the product. Each Tourism Supplier is responsible to you for delivering Products and services booked through the Traveldrift Website “as advertised”. Traveldrift does not guarantee the accuracy of information on the Traveldrift Website.
3.2
We reserve the right to change information displayed on the Traveldrift Website (including these Terms and Conditions) at any time without notice to you.
3.3
You represent and warrant to Traveldrift that you have provided complete, accurate and current personal information when booking through the Traveldrift Website or registering as a Member. It is your responsibility to maintain and update your personal information held by Traveldrift to ensure it is kept current. You must not register as a Member under multiple identities or personas (whether false or not). Where you provide us with personal information about another individual, you warrant to us that the information is accurate and that you have that individual’s permission to provide us with that information.
3.4
You are responsible for any actions (including bookings, rating and commenting on Tourism Supplier’s Products and services) undertaken utilising your Member login details and password. You must not make any fraudulent or false bookings on the Traveldrift Website.
3.5
Termination of membership: Traveldrift reserves the right to decline to register, to suspend or to terminate your membership of the Traveldrift Website at any time in our absolute discretion without entering into further discussions with you. Members who have registered under multiple aliases will have all of their aliases disabled. You may terminate your membership at any time by contacting Traveldrift and requesting that your membership be terminated

4.0 RATES
4.1
All prices on the Traveldrift Website are stated in, and transactions are conducted in New Zealand Dollars (NZD). If we agree to give you a refund, due to exchange rate fluctuations, there may be some variance in the amounts refunded compared to the amount initially charged. Traveldrift (and associated companies) does not accept any liability for these variances or any subsequent credit card/bank charges relating to these transfers to your accounts.
4.2
Unless expressly stated otherwise on the Traveldrift Website, the Advertised Price is a per person rate.
4.3
Please refer to individual Product pages for information about a particular Product, including: (a) inclusions and what is provided by the Tourism Supplier in relation to that Product, (b) what to bring, and (c) the duration
4.4
As with any activity there is a certain element of risk to the Visitor involved with Products. Each Tourism Supplier has provided a “risk statement” on the Traveldrift Website for your information (such as helmets must be worn). All Visitors book and travel at their own risk.
4.5
Traveldrift recommends Travel Insurance when away from home
4.6
You must make payment on the Traveldrift Website at the time of booking a Product and you agree to make payment via a debit to your nominated credit card. The amount debited will (subject to the following) be the amount shown on our booking page prior to you clicking the "Pay Now" button on that page. Depending upon the currency of the booking, your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider. Your credit card statement will show payment to: TRAVEL drift LTD.
4.7
Any incidentals which may be incurred by you during your experience not included in the Advertised Price will be negotiated with and charged directly to you at the time of travel by the Tourism Supplier. This may include but is not limited to optional items such as lunches, photographs, video, snacks and souvenirs.

5.0 CHILDREN POLICY
5.1
It is at the discretion of each Tourism Supplier to offer child rates or to accept children on their activities. If they do, they may require you agree to separate terms and conditions. Unless expressly stated otherwise on the Traveldrift Website infants are 0-4 years, children are 5-14 years, adults are 15 years at the time of travel.
5.2
Unless expressly stated otherwise on the Traveldrift Website, Children under the age of 14 years should be accompanied / supervised by a parent or guardian at all times.
5.3
Tourism Suppliers may require photographic or other ID for participation in activities where the ages have been restricted.

6.0 BOOKING, CHECK IN AND PAYMENT INFORMATION
6.1
Traveldrift will accept bookings for Products advertised on the Traveldrift Website on behalf of the Tourism Supplier, acting in the capacity of agent. Where applicable, by booking a Product through the Traveldrift website, you agree to the relevant Tourism Supplier’s terms and conditions in relation to that Product (but only to the extent they are not inconsistent with these Terms and Conditions).
6.2
If you have any special requests, questions or queries relating to a Product you have booked you will need to contact the Tourism Supplier directly. If relevant, information regarding any special needs you may have (for example, any disability, dietary requirements or allergies) must be provided at the time of booking. Failure to do so may result in Tourism Supplier being unable to deliver the relevant Product “as advertised” or refusing to provide you with the Product.
6.3
Traveldrift will take full payment of the Advertised Price from you (or credit card details to secure your space), the Visitor at the time you book a Product. Once payment has been successful, you will receive a notification email advising that your booking has been confirmed. This email will include all information relevant to the activity booked and the Tourism Supplier’s details including booking reference number / voucher issued by Traveldrift.
6.4
You are responsible for ensuring you are in the correct place to meet your Tourism Supplier and Traveldrift recommends you should be ready at least 15 minutes prior to the check-in / departure / commencement time (whichever is earlier).
6.5
You will be required to present your booking reference / voucher details or a copy of the voucher issued by Traveldrift, or make payment, to the Tourism Supplier and also a form of identification that they will sight or copy to ensure your identity matches the booking identity. A record and/or copy of this photo ID may be retained by the Tourism Supplier to minimise the risk of fraudulent credit card usage and for verification purposes with your credit card provider in the event of disputation. This identification information may be supplied to us by the Tourism Supplier.
6.6
The person registering with the Tourism Supplier on the day you are to receive / complete attend your Product must be at least 18 years of age.
6.7
Traveldrift do not provide your credit card details to any provider and as such you may be required to provide a credit card imprint or equivalent at check-in to cover incidental charges.
6.8
Payments by credit cards may incur additional charges from your bank – check with your bank if you are unsure.

7.0 CANCELLATION AND CHANGE POLICY
7.1
Where you wish to cancel a booking, you will need to contact Traveldrift. The following policy applies to cancellation requests:
Cancellation requests received by us more than 48 hours prior to the earlier of the scheduled check-in, departure or activity commencement time of a Product will be refunded less a 10% administration fee.
An email notification will be sent to the Tourism Supplier and the Visitor to confirm the cancellation.
Cancellation requests received by us within 48 hours of the earlier of the scheduled check-in, departure or activity commencement time will not be refunded.
7.2
Changes may be requested up to 48 hours prior to the earlier of the scheduled check-in, departure or activity commencement time. A surcharge of 10% will apply to each change request. Traveldrift will use reasonable endeavours to assist you, but cannot guarantee that changes can be made with Tourism Suppliers. Please note that some Tourism Suppliers may permit changes but this may involve additional charges.
7.3
If you fail to cancel and do not attend the Product in accordance with your booking, then there will be no refund.
7.4
Traveldrift may charge non refundable booking or amendment fees for providing services. These fees and charges will not be refunded to consumers if you cancel a booking. In the event where a refund is approved, this amount will not include non-refundable fees and charges.
7.7
Traveldrift will issue refunds only to the same credit card used to confirm the booking of the advertised price, less amounts stipulated above. All refunds will be processed in New Zealand Dollars (NZD) and will not take into account any currency fluctuations or bank charges you may incur.
7.8
Traveldrift reserves on behalf of the relevant Tourism Supplier(s) the absolute right to substitute plant and equipment, amend timetables, alter ticket prices, cancel any Product or service as a result of health & safety concerns, weather conditions, failure to reach minimum numbers, or any other unforeseen event or circumstance. In this instance, if a suitable alternative is not available a full refund of the Advertised Price will be issued to Visitors upon confirmation of the circumstance of the cancellation from the Tourism Supplier to Traveldrift.

8.0 COMMENTS, COMPLIMENTS OR COMPLAINTS?
8.1
Where you wish to give feedback about your experience using Traveldrift, the Traveldrift Website or a Product or Tourism Supplier, Traveldrift invite you to email us at [email protected] We may forward your feedback to the relevant Tourism Supplier.

9.0 MISCELLANEOUS
9.1
Inclusion of a Tourism Supplier on the Traveldrift Website shall not be taken as an endorsement, support or testimonial of that business or products and services in any way. Visitors book and travel at their own risk.
9.2
For information on how we deal with your personal information please refer to our Privacy Policy.
9.3
These terms and conditions are subject to change from time to time. Reviewed August 2011

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