NZSTAG Package Deals Terms & Conditions
As an operator we have to have terms and conditions, these protect us as well as yourselves. If we didn't have them we wouldn't be acting professionally, so it's important and beneficial all round. It should give you confidence in our professionalism and also your protection.
The following terms and conditions are pretty standard. Read them all thoroughly, but in particular you should be aware of (1) cancellation charges apply, so only book for definites and (2) you've got your own responsibilities in keeping sober at the right times (e.g. no booze before activities), arriving and departing on time and acting properly (i.e. don't abuse or mistreat the hospitality - otherwise Packages will be automatically cancelled). Other than that they are as you might expect and written in simple terms so make sure you have a read through.
For anything you book with us, you'll need to agree to the following terms and conditions, all bookings are bound by these.
Interpretation in these conditions:
"NZStag" - NZStag of 4A Bemrose Place, Howick, Auckland, New Zealand
"Client"- the person that has made the booking on behalf of the Stag Party. References to and the obligations of the Client apply to all members of the Stag Party.
"Stag Party" - only those persons included on the booking form - including the "Client".
"Supplier" - the recognised contracted party used to fulfill an activity or service of the Package.
"Package" - the activities, entertainment, accommodation and or other associated services included by the Client in the booking form and subsequently confirmed in the Booking Confirmation.
"Itinerary" - a confirmed list of activities, entertainment, accommodation and or other associated services, together with relevant details and pricing.
"Contract" - the agreed Package as detailed in the Booking Confirmation Form.
NZStag reserves the right, at any time before a contract as hereinafter defined is accepted or deemed to be accepted by the Client, to withdraw or change these conditions.
The conditions herein are accepted by the Client to the exclusion of any previous terms and conditions, written or otherwise.
1. Making a Booking
(i). Upon request NZStag will supply to the Client the relevant Package details and a booking form. (ii). The Client must approve the booking form and pay a deposit to confirm their commitment to pay for the intended Package (iii). The Contract is made when NZStag confirms the Booking Confirmation with details of the agreed Package (iv). The Client must check carefully to ensure that Booking Confirmation matches what was booked. (v) In the case of e-mail or similar media where client signatures are not available, the Client accepts that e-mail is a satisfactory communication and commitment to progress confirmation of the Package.
(i). The price of your Package is as detailed in the Booking Confirmation. NZStag reserves the right to change the price of the Package at any time prior to the issuing of the Booking Confirmation. (ii). All monies referred to are in New Zealand dollars and inclusive of GST unless otherwise stated. (iii). Insurance is not included in the price of the Package (iv). Suppliers of the services and activities of the Package may require the Client or members of the Stag Party to leave a credit card imprint on checking in, or
alternatively to provide a breakage/damage/security/behaviour deposit. These amounts are refunded locally if there is no damage, breakage or misbehaviour or justifiable reason to retain deposit. (v). Unless otherwise stated on the Itinerary the payment does not include the cost of drinks, food, admission, transfers, parking charges, porterage charges, fees, contributions and / or any other items that are not referred to on the Booking Confirmation. (vi) Payment is to be made by direct credit into the NZStag bank account or by cheque. (vii) Packages may be subject to minimum numbers as outlined in the Package or booking form.
(i). The price of the Package and the basis on which it is calculated is contained in the Booking Confirmation. (ii). The Client accepts responsibility for paying for all members of the Stag Party. (iii). The Deposit (which is non transferable) as detailed in the booking form is payable on booking, the remaining payment to be made by the date specified in the Booking Confirmation. (iv). Failure to make payment on the due dates will entitle NZStag to cancel the contract without penalty and to treat such failure as a cancellation by the Client in which case cancellation charges will apply from the date the payment became due. (v). NZStag reserves the right not to provide the Package or any part thereof until it has requested and received sufficient funds from the Client to pay Suppliers. NZStag will not be liable for any matters arising out of delay in payment by the Client.
4. Alterations or Changes to the Package by NZStag
(i). The Package is based on current schedules and service details and consequently may require minor changes to be made. Wherever possible NZStag will notify the Client of any such changes before commencement of the Package. A minor change will be deemed to be any change which, taking into account the information given by the Client to NZStag at the time of booking, NZStag or Supplier could not reasonably expect it to have a significant effect on the confirmed Package. In the event of minor changes no compensation is payable or do such changes entitle the Client to cancel the Package or request an alternative Package (ii). In the event that there are significant changes to or cancellation of the Package prior to the commencement date of the Package, NZStag will as soon as is reasonably practical notify the Client. In these circumstances the Client may accept the change and a refund of the difference in price between the price of the Package purchased and that of the substitute Package. In the case where the changed Package is inferior to the one booked, the Client may cancel the Package and receive a full refund (which will be in full and final settlement of all claims including loss of enjoyment). NZStag where possible will offer an alternative Package (from the range of services offered by NZStag). (iii) Significant changes to the Package will include the following: A change of accommodation to that of a significantly lower standard for the whole or a major part of the Package; The cancellation of an activity or service forming part of the Package; A change to the price contained in the Booking Confirmation. (iv). In the event of changes to the Package after it has been agreed, NZStag will provide the Client with an alternative of the same or higher standard in the same or a similar area. The Client will have no right to cancel the Package if NZStag have offered the client a suitable alternative. (v). In the event of loss or damage suffered by the Stag Party or changes to or cancellation of the whole or part of the Package due to reasons of unusual or unforeseeable circumstances beyond NZStag's or the Suppliers' control compensation will NOT be payable. By way of example because of safety risks, adverse weather conditions, war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, flood, shortage of water, epidemics, health scares, technical problems with transport or equipment, airport closures, and similar events beyond our control. (vi). No compensation is payable if the Package is cancelled in whole or part due to an insufficient number of people required to make available the activity or service forming part of the Package. (vii). Cancellation or changes may be made when safety conditions are, in NZStag's or its Suppliers' discretion, compromised. If cancellations occur in such circumstances NZStag or it's Suppliers will make every effort to reschedule in line with Client requirements, provided the Client is not at fault.
5. Alterations or Changes made by the Client
(i). If the Client wishes to make any alteration to the Package or wishes to cancel the Package, The Client must notify NZStag in writing as soon as is reasonably practical; (ii). The cancellation charges set below apply if the Package is cancelled by the Client but cancellation will only be effective from the date that written notification of cancellation is received by NZStag. (iii). If the Client wants to change the Package or the numbers of the Stag Party after the Booking Confirmation has been issued then there is an
administration fee of $35.00 (per change) payable together with any charges or costs imposed by the Suppliers. In the event of certain major changes to the Package or the numbers of the Stag Party or the dates of the planned Package, this request may be treated as a cancellation of the initial booking and the booking of a new Package. In such cases cancellation charges may be incurred. NZStag will advise the Client upon receiving request to make amendments if this is the case. (iv). If the Client arrives at any part of the confirmed Package with additional guests without prior written notice, the new guests will not be covered by NZStag, and the previously confirmed booking will be treated as a cancellation. Unless otherwise agreed in writing additional guests may also be charged at full premium rates directly by Suppliers with an additional $35.00 administration fee per guest. (v). Cancellation charges. Number of days prior to commencement of the Package Amount Payable - More than 30 days: Deposit only: 15 to 29 days: 50% (of total): 5 to 14 days 75% (of total): Less than 5 days 100% (of total). (vi) We strongly recommend that Clients provide accurate details and insure against cancellation where possible.
Accommodation – late arrival or no show: (vii) in the case of non-arrival at confirmed accommodation if the Client arrives later than 22 hours on the day of arrival, unless prior written notice has been given by the Client directly to the accommodation provider, the accommodation provider is entitled to assume the Client will not arrive and treat the booking as a cancellation (including any subsequent reservations), standard cancellation terms will apply. (viii) in the case of non-arrival on the first night of the package, the accommodation provider is automatically entitled to assume the remainder of booking has been cancelled, standard cancellation terms will apply. Please note NZStag will not be responsible for sourcing alternate arrangements. NZStag will not be responsible for any Client’s failure to successfully contact the accommodation.
Daytime or evening Packages – late arrival or no show: (ix) in the case of late arrival if the Client arrives later than 30* minutes from the start of any confirmed Package time forming part of the agreed itinerary, unless prior written notice has been given the Supplier is entitled to assume the Client will not arrive and treat the booking as a cancellation (including any subsequent / associated Packages), standard cancellation terms will apply. (x) in the case of non-arrival the Supplier is automatically entitled to assume the complete booking has been cancelled, standard cancellation terms will apply. Please note NZStag will not be responsible for sourcing alternate arrangements. NZStag will not be responsible for any Client’s failure to successfully contact the Supplier.
Transport – late arrival or no show: (vii) in the case of late arrival / readiness for transport services if the Client arrives later than 15* minutes from the collection time as per the agreed itinerary (or is not at the agreed collection point), unless prior written notice has been confirmed the transport Supplier is entitled to assume the Client will not arrive and treat the booking as a cancellation (including any subsequent Packages), standard cancellation terms will apply. (viii) in the case of non-arrival the Supplier is automatically entitled to assume the complete booking, including any subsequent journeys, has been cancelled, standard cancellation terms will apply. Note: NZStag will not be responsible for sourcing alternate arrangements. NZStag will not be responsible for any Clients failure to successfully contact the driver / transport services.
* standard allowance, times may vary as detailed in advance
6. NZStag's Responsibility
(i). NZStag will use all reasonable care in the selection and use of Suppliers of services and activities forming part of the agreed Package. (ii). NZStag accepts responsibility for claims by the Client where NZStag and/or Suppliers fail to provide the proper performance of the services forming part of the Package. The liability shall be limited to the net cost of the element of the Package found to be deficient. (iii). NZStag does not accept liability in the following circumstances: · If the Client or any member of the Stag Party are at fault, which will include any losses or damage attributable to or resulting from a failure on the part of any Stag Party member to abide by these terms and conditions. · If the failure is the fault of someone else not connected with providing services, which make up the agreed Package · Any unusual or unexpected circumstances beyond the control of NZStag or it's Suppliers even if they had used all due
care:· Any event, which NZStag or its Supplier even with all due care, could not foresee or forestall; · Any instance of inappropriate behaviour, including but not limited to insobriety, violent conduct, the breaking of rules and regulations and discourtesy. (vi). Any travel, activities, accommodation and other services are carried out subject to the Supplier's conditions of carriage, supply or contract which will be notified to the Client if they depart significantly from standard industry practice or upon the Client's request. If any Supplier can exclude or limit liability under any international convention or foreign law NZStag will rely on that exclusion or limitation. (vii). Where the cause of loss, damage or injury is due to NZStag's Suppliers, subcontractors, servants and/or agents, NZStag's acceptance of liability is subject to assignment to it of the claimant's rights against the former and to the claimants co-operating with NZStag in any legal action it may take to enforce any right of subrogation or by way of any third party proceedings. (viii). NZStag will offer such help as is reasonable in the circumstances to the Stag Party if any member suffers difficulties whilst participating in the Package.
7. Client Responsibilities (including all confirmed members of the Stag Party)
(i). To ensure that all members of the Stag Party are informed about these terms and conditions and the booking/Package details. (ii). To take full responsibility for clients administration and be responsible for the accuracy of information supplied. (iii). The Client must inform NZStag in writing of any special requests (for example, special facilities for disabled people, dietary requirements, allergies, medical conditions) which it or any of the Stag Party have so that NZStag is able to make arrangements, as far as reasonably possible, to cater for them. (iv). Some of the activities provided by NZStag as part of Package require an element of physical activity on the part of the Stag Party. The Client will ensure that all members of the Stag Party are physically able to take part in the Package, suffer no disabilities or conditions that may impair, restrict or endanger their involvement or that of other members of the Stag Party's involvement in the Package If the Client has any doubts or concerns regarding any member of the Stag Party's participation in the Package these issues must be raised in writing at the time of booking, (for example asthma, high blood pressure, heart conditions, vertigo). (v). To review and recommend insurance and health insurances to all members of the party. It is important to note that certain activities contained within the Package may be excluded from the terms of certain travel, medical and life insurances. It is therefore the responsibility of the Client to ensure that adequate insurance cover is provided for the Stag Party to cover likely eventualities whilst partaking in the Package (vi). To agree and progress with all payment timetables as set out above and in the Booking Confirmation. (vii). To ensure that all members of the Stag Party comply with all activity/element timetables of the Package. Failure to keep to the timetables may result in either discontinuation of the event/activity or cancellation of the Package. In either event NZStag will not be liable for any refund, compensation or any other costs that may be incurred. (viii). To ensure that all members of the Stag Party act at all times in a safe, responsible and courteous manner, comply with all safety procedures (for the avoidance of doubt this includes an appropriate level of sobriety), listen and be present at all safety and information briefings relevant to the Package's activities, make supervisors or any person in authority immediately aware of any equipment or site deficiencies or concerns, dress and/or equip themselves suitably for any event or activity as advised by NZStag and or its Suppliers (failing which as is deemed appropriate or suitable in the circumstances), and observe and obey all laws, requests (including the signing of any disclaimer) and conditions of use of any Supplier, including accommodation and entertainment venues.
NZStag by itself or its Suppliers may end or cancel the Package, with no liability of reimbursement, if the behaviour of the Stag Party or that of any person associated with the Stag Party is likely in the opinion of NZStag or its suppliers to cause distress, damage, danger to or to annoy other customers, or other members of the Stag Party, employees, property or anyone else. If the party is found to be behaving in a way that results in affecting the standard performance of our suppliers and enjoyment by other guests, groups may be required to leave the premises - if this is the case groups will immediately forfeit all costs and any right to compensation, whether or not the Package has been completed, and be liable for any compensation sought by our suppliers. If groups behave in such a way that results in the suppliers relationship with NZStag being terminated, clients will be pursued for compensation by NZStag. If the Stag Party is prevented from traveling because any person in authority thinks any member of the Stag Party appears to be unfit to travel or likely to cause discomfort to or disturb other passengers, NZStag will not be liable to
complete the Package arrangements, and will not be liable for any refund, compensation or any other costs incurred by the Stag Party. NZStag cannot accept liability for the behaviour of others in your accommodation and/or taking part in any activity and/or event, associated and or in the same environment forming part of the Package, or if any facilities or services are removed as a result of their action. In some instances groups may be required to sign agreement forms and or provide a damage and or behaviour deposit. If any occurrence of damage is obvious groups will be pursued for recovery for the full amount of damage reimbursement, associated costs and any expenses incurred, including time and administration, in pursuing this recovery.
NZStag will not provide insurance for any package.
(i). If there are any complaints about the Package these must be communicated immediately to NZStag or its Suppliers who will try to resolve the problem to avoid it spoiling the Package. Any failure to so report such complaints immediately will be deemed to be a failure on the part of the Stag Party to mitigate its losses and NZStag will not consider itself liable for those complaints. (ii). If NZStag or its Suppliers are unable to sort out the problem then a written report must be submitted, specifying any perceived failure at the place where the Package is supplied. (iii). If the matter is still not resolved after completion of the Package then the Client must write to NZStag within 28 days of completion of the Package giving full details.
(i). If any of these terms or conditions are unenforceable for any reason, but would be enforceable if some of its wording were deleted or amended, it shall apply with such deletions or amendments as are necessary to make it enforceable. (ii). No amendment or variation to the contract or conditions shall be effective unless in writing and signed by or on behalf of both parties. (iii). Any contract between the Client and NZStag shall be construed in accordance with New Zealand law and is subject to the exclusive jurisdiction of the New Zealand Courts. In respect of any timely alterations to the above please check on booking that the above guide details the latest terms & conditions.