TERMS AND CONDITIONS FOR OUR PROFESSIONAL SERVICES
Please take a few minutes to read our terms & conditions and confirm that you have read, understood and accept the terms and conditions relating to your travel arrangements made by Fine Travel.
Our prices are based on payment by cash, cheque or Eftpos. If your preferred method of payment is credit card, please advise your Fine Travel travel professional.
Please also state whether you have been offered travel insurance. (Should you decline our recommended policy, we cannot accept responsibility for any loss caused through insufficient or lack of insurance cover).
If you have not produced copies of your passport(s) to Fine Travel, then Fine Travel is absolved from all responsibility regarding your passport(s) / visa(s), re-entry documentation and vaccination requirements.
Upon your acceptance of our quotation (which may include amendments as specified by you in writing) we will endeavour to secure your bookings and provide you with tickets and vouchers for transportation, accommodation and other services and activities as detailed, subject to the following:
TERMS, BOOKING CONDITIONS & GENERAL INFORMATION APPLYING TO YOUR TRAVEL ARRANGEMENTS MADE WITH FINE TRAVEL.
Please read the following conditions carefully.
1. In these terms and conditions where the following terms are used, they shall have the following meanings:
“Fine Travel”, “we”, “us” or “our” means Fine Enterprises Limited, trading as Fine Travel, in association with Travel Managers Group Limited (at Level 16, 135 Albert Street, Auckland).
“Principals” means our partners whose goods and services we offer to you through our Website, including airlines and other transport operators, hotels and other accommodation providers, insurance providers and tour operators.
“Services” means our services of arranging and coordinating the travel services offered by the Principals, as further described in clauses 2, 3 and 4 below.
“Website” means our website at www.finetravel.co.nz and any of our other online platforms such as our Facebook, Twitter and Pinterest pages.
“you” or “your” means you, our customer and the user of our Website.
2. We are a travel agent and in that capacity we offer for sale to you various products and/or services on behalf of our Principals.
3. We are instrumental in bringing about a direct contractual relationship between you and the Principals. We undertake to perform our Services with reasonable care and skill but we cannot and do not guarantee the performance of the functions offered by the Principals and we will not be liable in the event that you suffer loss, injury or disappointment by reason of any acts or failings of any Principal. In any such case your remedy will lie against the Principal
4. You should be aware that the brochures/flyers/offers which we supply to you are the brochures/flyers/offers of our Principals and that the statements and representations contained in such brochures are not ours but are made by the Principals. Unless we specifically advise you otherwise we have no first hand knowledge of the facilities or services referred to therein. We are merely passing on to you the Principal’s instructions and we accept no liability for any inaccuracies or misrepresentations contained in such brochures/flyers/offers.
5. We strongly recommend that you take out a travel insurance policy contemporaneously with the payment for your travel. Your Fine Travel professional will provide you with a quotation from our preferred Principal. If it is possible to do so, such insurance should cover the financial collapse of all parties involved in providing services to you during your travel as well as protecting you against medical expenses arising from sickness or injury during your travel and against loss of or damage to your belongings.
Cancellation or amendment
6. Cancellation fees are likely to be incurred on all confirmed reservations or bookings. Further, some tickets may be non-refundable or non-transferable. It is important to check the position with us before you confirm arrangements and/or before you cancel any confirmed reservations.
Should you need to change your booking there may be charges associated with the extra work and time needed to make the changes. These are in addition to any amendment charges that may be charged by Principals. Substantial fees may be charged by airlines, hotels, tour operators and other Principals and they will vary considerably from one to another as well as depending upon the time at which you cancel or amend your arrangements. The amount of each Principal’s cancellation or amendment fee is beyond our control and payment is solely your responsibility. We suggest that you consult the relevant brochure or ask us for advice.
Cancellations – Our current cancellation fees are detailed in the Schedule of Professional Services. These are in addition to any cancellation charges that may be charged by Principals holding reservations/bookings.
Pricing and payment
Unless otherwise expressly stated, all prices on our Website may not be inclusive of all taxes including where applicable goods and services tax (GST), fuel surcharges, insurance levies, and airport taxes as these can change up to the time of confirming your reservation. It is important to take note that prices are generally published on a per person basis. Further information is available upon request. All prices are in New Zealand dollars unless stated otherwise.
In providing our advice as to price and availability of travel and other products and services we are reliant on information supplied to us by the Principals and other third parties and therefore prices and availability may have changed by the time you come to make your reservation. Accordingly, while we will use all reasonable endeavours to ensure the information on our Website is as accurate and up to date as possible we do not provide a warranty to that effect, and cannot and do not guarantee that any fare or offer advertised on our Website or elsewhere will in fact be available. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability of information.
In addition to the quoted fare we may also charge a fee for the service we provide. Fees are as displayed on our Website or as otherwise advised at the time of quoting or booking so that there are no surprises. In addition to cancellation fees charged by airlines, hotels and wholesalers, we reserve the right to charge a fee for work undertaken.
7. Airfares, tour prices and other prices may change (almost invariably by being increased) without prior notice and even though your arrangements have been confirmed. Such price increases are beyond our control and are payable by you.
In order to maximise the revenue earned from a particular flight, different airfares are offered and are subject to restrictions. Often the cheapest fares require instant payment and are non-refundable and non-changeable. Fares that offer flexibility and are often refundable and are usually more expensive. Whilst cheap fares may be advertised by an airline, only a certain number of seats on each flight are allocated to that particular fare. Once those seats are sold, the remaining seats will be available at a higher price. Fares are also restricted to certain times of the year. For example, during school holidays when there is a greater demand for flights, there are fewer cheap fares, if any. During the low season more cheap seats are released to stimulate demand. Some travel providers may find it necessary to change the details of the offer, so they always allow themselves this option. This is a “subject to change without notice” clause. To obtain the best fare for your particular needs be sure to ask for the “special conditions” of the fare.
8. If payment has not been made by the specified date, bookings may be cancelled.
9. If, of your own choice or circumstances, you do not avail yourself of any part of the arranged travel services or activities, you may or may not be entitled to a refund depending upon any refund policies and conditions as stated by the Principal(s). In any event to enable us to assist you in seeking a refund you must apply for refunds within ten days of completion of travel arrangements and have available the original unused tickets or vouchers, or where possible, written confirmation from the Principal(s) that the service was not availed and a refund is due. If we obtain a refund on your behalf, please note that a fee may be applicable as per our Schedule of Professional Services.
Passport and visa requirements
10. Prior to confirming your travel arrangements, you should check your Passport and establish that it will remain current for the entire period of your travel.
10.1 Certain countries require that your Passport remains valid for a period of up to six months after the date upon which you are scheduled to leave such country. If your Passport expires less than six months after the date you are scheduled to leave such country you may be denied entry to that country.
10.2 You should clarify visa requirements with the Embassies of the countries that you plan to visit as certain countries may require you to take out a visa whether you are travelling on a New Zealand or a foreign passport.
10.3 The authorities in some countries (including Australia and USA) require holders of New Zealand passports to take out a visa for entry into their country where the traveller has been sentenced to imprisonment or been convicted of certain types of criminal offence. A visa may also be required where the traveller has a contagious disease of a specific type.
Re-entry visas for New Zealand
11. Re-entry visas will be required for travellers leaving New Zealand holding a foreign passport. If you are a New Zealand citizen holding a foreign passport issued by a country which does not recognise dual citizenship you will not be granted a visa allowing you to re-enter New Zealand on your foreign passport after travelling overseas. N.B. It is most important that you make your own enquiries and satisfy yourself as to the position in regard to your passport and/or visa requirements before leaving New Zealand.
12. Certain countries require that travellers be vaccinated against specific diseases. Check with your doctor and the Embassies of countries to which you are to travel to satisfy yourself as to whether your destination has any requirements in this respect.
Checking your Travel Arrangements
13. We have exercised care in putting together the arrangements requested by you in regard to your travel and accommodation. It is important that you check all of the documentation handed to you in relation to your proposed travel and accommodation to ensure that it fully meets with your requirements and to ensure that there have been no misunderstandings.
14. If, in the course of your trip you do have an experience which is not to your satisfaction, we strongly recommend that you take the matter up with the Principal concerned at the time, or as soon as practicable in the circumstances. This provides the opportunity to have the matter discussed and investigated on the spot, with a report made while the facts are fresh in everybody’s minds. Hopefully a remedy can be negotiated then and there to enable you to continue enjoying your trip. While claims in connection with the services we provide will be governed by the laws of New Zealand, any claim or legal action against an overseas Principal will, in terms of their contract to supply, most likely be governed by the laws of their country. We have found from experience that it is difficult (in some countries impossible) to obtain redress once travel has been completed.
15. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. You expressly acknowledge and agree that:
16.1 your use of the Website and Services is at your sole risk. Subject to clause 9, to the fullest extent permitted by applicable law, we and any third parties connected to us expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the Website or the Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right;
16.2 we make no warranty or representation that: (i) the Website or the Services will meet your requirements; (ii) the Website or the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Website or the Services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website or the Services will meet your expectations; or (v) any errors in the Software will be corrected; and
16.3 no advice or information, whether oral or written, obtained by you from us or through or from the Website or the Services shall create any warranty or other obligation on our part that is not expressly stated in these terms and conditions.
17. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand.
18. The New Zealand courts will have exclusive jurisdiction over any claim arising from, or related to these terms and conditions, although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
19. Nothing in these terms and conditions is intended to limit our rights under any applicable law.
20. Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
21. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect.
WEBSITE TERMS AND CONDITIONS OF USE
1. Acceptance of Terms
1.1 Please read these terms and conditions of use (“Terms”) carefully before using or obtaining any materials, information, products or services through this Website. This Website includes any of our other online platforms such as our Facebook page, Twitter page and Pinterest page.
1.3 We may amend these Terms at any time by posting the revised version of the Terms on this Website. The amended Terms will take effect from the time of posting on this Website.
1.4 As a condition of your use of this Website and our Services, you warrant to us that you will not use this Website or the services provided via our Website for any purpose that is unlawful or prohibited by these Terms.
1.5 Please read these Terms carefully as they contain exclusions and limitations of our liability to you and affect your rights and liabilities under the law.
1.6 Capitalised terms in these Terms have the meaning given to them in our Terms and Conditions for our Professional Services.
2.1 Fine Travel owns this Website (including all copyright and other intellectual property in it) and along with various Principals referred to on this Website owns, has copyright in, and has further intellectual property in respect of its contents. Trademarks, logos and service marks displayed on this Website (“Marks”) are either Fine Travel’s, or belong to the Principals. Your use of and access to this Website does not grant you any right to use any of the Marks.
2.2 To the maximum extent permitted by law, Fine Travel disclaims all and any liability for any damage or loss resulting from use of or reliance on the information from this Website or any part of it.
2.3 Fine Travel may amend or suspend this Website and the services on it at any time without notice.
3. Use of Site
3.1 The information on this Website is directed solely at those who travel from New Zealand unless the travel relates to the sale of inbound travel packages to New Zealand and the content is clear that this is the case.
3.2 Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable use. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside or from which you access this Website.
3.3 Fine Travel grants you a limited, non-transferable, revocable, non-exclusive licence to access this Website in determining your interest in the advertised air travel services, accommodation, holiday packages, rental vehicles and associated travel related products (“Travel”) for the purpose of either booking that Travel through a booking engine directly with the Principals in the name of individual persons (where that functionality is available through the Website) or to make an inquiry to Fine Travel for further information about the Travel with the view to making a reservation in the name of individual persons through Fine Travel acting as agent for a Principal.
3.4 In using this Website, you must not:
3.4.1 do or knowingly permit any act or omission that would damage or disrupt this Website or anyone else’s use of it, or any provision of Services;
3.4.2 attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
3.4.3 attack the Website via a denial-of-service attack or a distributed denial-of service attack
3.4.4 use this Website:
(a) for any other purpose other than as described in clause 3.3 of these Terms, including without limitation, for commercial gain or purposes, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand;
(b) to breach copyright or other intellectual property rights held by us or anyone else;
(c) to send unwelcome communications of any kind to anyone (spam or chain letters to name a few);
(d) to abuse, defame, threaten, stalk or harass anyone;
(e) to publish, post, upload or distribute any bad language or unsuitable, obscene or discriminatory information of any kind;
(f) to use or run any device, software or routine that interferes or attempts to interfere with the normal operation of this Website or take any action that imposes an unreasonable load on our computer equipment;
(g) for running any network scanning software, spyware software, robot, spider, open relay software or similar software, other automatic device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor our site or any data or content found on this Website;
(h) for introducing any viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network or computer system.
(i) for using any software or device which may hinder the Services (like mail bombs, war dialling, pinging etc.);
(j) using a false identity to try to trick anyone for any reason,
(collectively referred to as the Prohibited Uses).
3.5 You shall not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on this Website, but you may download, display and print materials presented on this Website for your personal, non-commercial use for the purpose of supporting your decision to make a reservation with Fine Travel.
3.6 You expressly acknowledge and agree that downloading or otherwise obtaining any material through the use of the Website or the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. Unauthorised Use of Website and Breach of Terms
4.1 Any unauthorised use of this Website automatically terminates the licence granted by Fine Travel.
4.2 When Fine Travel considers that you have breached these Terms, we may at our discretion take such action as it deems appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms, and may result in us taking all or any of the following actions:
4.2.1 Immediate, temporary or permanent withdrawal of your right to use the Website or the Services.
4.2.2 Issue of a warning to you.
4.2.3 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
4.2.4 Further legal action against you.
4.2.5 Disclosure of such information to law enforcement authorities as Fine Travel reasonably feels is necessary or as required by law.
4.3 If you breach these Terms by using the Website or the Services for a Prohibited Use, Fine Travel will have no obligation to fulfil any order you may have placed with us and you accept that you will forfeit any money paid to us in the submitting of that order.
4.4 Fine Travel excludes its liability for all action it may take in response to breaches of these Terms. The actions described above are not limited, and Fine Travel may take any other action we reasonably deem appropriate.
4.5 You agree to indemnify us against any losses or liabilities that we may suffer through a breach of these Terms, by you.
5. Agent Only
5.1 Fine Travel refers you to the Terms and Conditions of Our Professional Service. In relation to Travel booked directly through the Website we highlight that Fine Travel acts as agent only and does not provide Travel. Your agreement for any Travel booked by you using this Website is with the relevant Principal and upon the terms and conditions applied by them. We make no warranty as to the Travel whatsoever and all services and products supplied by the Principals are available on an “as is” basis.
5.2 Fine Travel endeavours to ensure the content on the Website is as accurate as possible, however Fine Travel shall not be responsible for the content of any material or promotion supplied by or derived from Principals nor be liable for any direct or indirect loss or damage suffered by you (or any other party) from accessing, using, relying on or trading with such Principals.
6. Site Availability
6.1 Fine Travel will use reasonable commercial efforts to keep this Website available on a 24 hour 7 day a week basis, subject to scheduled and unscheduled downtime for maintenance, and system outages. Your access to this Website may not be uninterrupted or available at all times. Fine Travel cannot promise that this Website will be error-free, that defects or errors will be corrected or that this Website or the servers that make it available are free from viruses or other harmful components. Fine Travel reserves the right to withdraw or amend the Website or the Services (in whole or in part) at any time without notice. Fine Travel will not be liable if for any reason either the Website or the Services are unavailable at any time or for any period.
6.2 Unless stated otherwise, any new features that are added to the Website or the Services are automatically subject to these Terms.
6.3 You acknowledge and agree that the Website and the Services are provided “as is” and that Fine Travel assumes no responsibility for the timeliness, deletion, or unavailability of either of them for any reason.
6.4 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
7. Responsibility for Confidentially of Account Information
7.1 To the extent that this Website provides you with the ability to maintain a profile customised to your needs, you are responsible for maintaining the confidentiality of your login password. You accept responsibility for all activity that occurs on this Website where access is obtained using your password. If you are concerned that the security of your password may have been compromised, we recommend that you immediately change your password and advise Fine Travel so that we can assist you in determining any unintended use.
8.1 You agree to indemnify and hold Fine Travel and our officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any material or information you submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your breach of these Terms, or your breach of any rights of any third party, or your act, omission or negligence.
9.2 We automatically include any email addresses which we receive enquiries from or are given to us over the phone on our email newsletter list. If you do not wish to be added to our list please advise or use the un-subscribe facility on the newsletter.
10. Law and Jurisdiction
10.1 New Zealand law shall govern all information and Travel provided through the Website. You submit to the exclusive jurisdiction of the New Zealand Courts in respect of the provision of Services or Travel, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
11. Security and Encryption of Payment
11.1 When you book or reserve Travel on this Website a secured server is used. Special software (SSL) encrypts the information you send through this Site. We make no warranty in respect of the strength or effectiveness of that encryption and have no responsibility for events arising from unauthorised use of the information you provide.
12. User Generated Content
12.1 By posting material (including, without limitation text, images, audio material, video material and audio-visual material) this Website (“User Generated Content”) you grant to Fine Travel a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, modify and distribute or delete any part of the User Generated Content, or incorporate it in other works in any form, for the purposes of operating the Website or promoting our Services.
13.1 Fine Travel may provide, or third parties may provide, links to other websites or resources through the Website. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource.
13.2 Any person who wishes to establish a link with this Website must obtain the prior written permission from Fine Travel and Fine Travel reserves the right to refuse permission as it thinks fit.
14. Limitation of Liability
14.1 You expressly acknowledge and agree that Fine Travel, and any third parties connected to us, shall not be liable for:
14.1.1 any direct, indirect, incidental, special, consequential or exemplary damages, costs, losses, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website or the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website or the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Website or the Services; (v) any of your User Generated Content or that of anyone else; or (vi) any other matter relating to the Website or the Services; and
14.1.2 any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14.2 The above does not affect Fine Travel’s liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
14.3 Fine Travel will not be liable for any cost, loss or damage caused or incurred by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or the Services or to your downloading of any material posted on the Website, or on any website linked to it.
14.4 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Services of these Terms must be filed within 1 year after such claim or cause of action arose.
15.1 Notices to you may be made via either email or regular mail. This Website may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website.
16. Trademark Information
16.1 finetravel.co.nz, the Fine Travel logo and product and service names are trademarks owned by Fine Travel. You agree not to display or use such marks, logos and/or branding without our prior express written permission.
17. General Information
17.2 Nothing in these Terms is intended to limit our rights under any applicable law.
17.3 Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.4 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.