Terms and Conditions of Use of Smart Travel
Terms and Conditions
These terms and conditions serve to outline the obligations and responsibility between you as the sole organiser, and us/we/the company SMART Travel as the provider of your travel package. You must be a legal adult at a minimum of 18 years old. The term travel package serves to reflect any and all arrangements made by us for you, and can include one or multiple components such as, but not limited to accommodation, activities, business facilities, transport and food and beverage.
SMART Travel is the trading name of SMART Travel Ltd, registered office 13 Lochy Road, Fernhill, Queenstown 9300, New Zealand.
Company Incorporation Number: 9429041950951
These terms and conditions should be read by you as the group organiser and it is your responsibility that the group are made aware of these terms and conditions before, during and after your booking has been made with SMART Travel. By agreeing to these terms you are agreeing on behalf of every member in your group and any company that you are representing.
The prices on our website are inclusive of New Zealand GST at 15%. Prices are subject to change and we reserve the right to amend any of our prices at any time without prior notice.
While we aim to keep the prices on our website up to date at all times it is possible that prices may occasionally be incorrect. If this happens we may honour the original price offered on our website, however this is completely at our discretion. In some cases the price difference may be such that we will contact you to notify you of the correct price. At this point you can either reconfirm your order at the new price and pay the excess or cancel the order and we will issue a full refund.
All of our prices are displayed in New Zealand dollars (NZD), any transactions from overseas will be charged at current exchange rates at the time of purchase, we accept no responsibility for or liability arising from exchange rate fluctuations.
We work hard to provide accurate pricing and descriptions on our website and within our quotes. Occasionally errors and omissions may occur which we cannot accept liability for unless negligence of our employers has been shown. We reserve the right to make amendments to our website and quotes without notice.
2. Booking Conditions:
As providers of travel package that include third party components and fluctuating costs dependant on group sizes , all package prices represented and discussed between you and us are an indication only until you have confirmed your final group numbers, and your 20% non-refundable deposit has been paid.
Upon payment of the deposit and agreement to these terms, a contract is established. We will then send you full confirmation and raise an invoice for your balance remainder which will be due no later than 4 weeks prior to the package commencing. If you are booking a package that falls inside the 4 week period then full payment must be made upon booking.
No contract exists until either a 20% deposit or full payment has been received by the company. It is important that you check your confirmation letter from the company immediately for any discrepancies and notify us as such.
You are responsible for your group collectively being eligible for entry into New Zealand, holding any necessary visas and satisfying all New Zealand immigration requirements.
You are responsible for your group running on-time for all arrangements of your travel package. We are in no way responsible or liable for any refunds or costs incurred when your group has failed to show on time or group dynamics have changed without notice. When you book through us you are solely responsible for the behaviour and conduct of your group with no burden of responsibility being held by us. Suppliers that make up part or all of your travel package reserve the right, within reasonable opinion, to cancel or alter the arrangement without notice or re-imbursement due to poor misconduct, reckless endangerment, damages made or breaking the laws of New Zealand. You are liable to reimburse the operator in full for any direct costs plus any subsequent costs including full legal costs that are bought to us a result of your actions.
3. Payment Conditions:
Deposit and balance payments can be made directly to us via bank transfer, credit card or cheque. Deposits paid to the company by credit card do not attract fees, however any balance payment made by credit card will attract a 2% processing fee. If the balance of your travel package has not been paid in full 4 weeks prior to commencement, the company has the authority to cancel any and all components of the package at its discretion. We will notify you immediately in this instance.
You are liable for payment as per the contract regardless of any group size fluctuations that may occur after payments have been made. In the event of group numbers decreasing, the company will endeavour to limit any per person increase in costs where possible but cannot make any guarantees. In the event that group sizes increase, the company will confirm that the new larger group size is achievable and any related additional costs that. Any additional costs must also be paid no later than 4 weeks prior to the package commencing.
You are responsible for having funds available and providing credit card details to act as a damage bond at most accommodation providers that act as our suppliers. We are in no way liable for any costs incurred by your group and excluded from any disputes had between yourself and our suppliers.
Cancellations by us.
It is unlikely that we will have to make any changes to your travel packages, as we do plan the arrangements in advance. Occasionally though we have to make changes and we reserve the right to do so at any time. Most of these changes are minor and we will advise you of them at the earliest possible date.
We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of force majeure (no refunds will be attainable in this unlikely event).
We will let you know as soon as we can if, through no fault of your own, we are forced to significantly alter or cancel your package. In these circumstances you can choose one of the following options.
accept our offer of a replacement product of lower quality (if available) and we will refund the difference in cost; or
accept our offer of a replacement product of equivalent or higher quality (if available); or
ask us for a refund of the money you have paid. You will need to confirm your decision with us within 7 days of the offer being made.
In the event that an activity or component cannot be completed due to weather interruptions, we will endeavour to offer an alternative option for you to consider which may or may not be of further cost to you. Alternatively you can receive a refund for any cancelled component at the nett rate paid by us to the operator for the product or service.
Cancellations by you.
If you cancel your package once full payment has been made, the following standard cancellation charges will be made;
Over 28 days before departure date = 20% of total package. (Deposit only).
Between 28 and 14 days before departure date = 50% of total package.
Under 14 days before departure date/No show: 100% of total trip cost.
Further cancellation charges may apply when enforced by third party operators, particularly in instances of significant accommodation arrangements. You will however be made aware of such extensions of the cancellation policy at the time of booking your travel package.
You are strongly advised to ensure that all members of your group take out comprehensive travel and medical insurance that includes, and is not limited to, cancellation, illness/injury, repatriation, lost baggage and all specific activities that you are partaking in whilst in New Zealand.
Our agreement with you and the travel package service we provide to you, is the sourcing and booking of activities, events, accommodation and transport logistics. We promise to use all reasonable skill, experience and care in selecting the supplier(s) who will make up your travel package. We have no responsibility for the provision of the actual components themselves or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us.
We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: –
The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
The act(s) and/or omission(s) of a third party not connected with the provision the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
‘Force majeure’. – Circumstances outside our reasonable control: No compensation is payable in any circumstances where performance and/or prompt performance of the contract is prevented by reason of war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, technical or mechanical problems with transport, road congestion or closure on the way to an airport, railway station or port, airports, railway stations or ports being closed or full, cancellation or changes of schedules by carriers (or any similar event), hotel overbooking, postal strikes or delays, water or power disruption or other similar events beyond our reasonable control.
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
5. Other terms:
All pictures on the web site, or in promotional material, when used as examples of our packages are used only as samples of our events, activities and accommodation. Actual event, activity or accommodation may differ from picture.
All content including images and logos on this website are the property of SMART Travel and may not used without prior written consent.