These Standard Booking Conditions contain the terms and conditions that apply to bookings for tours made in New Zealand
by you – the traveller, whether you book through a travel agent or broker, or book directly as a member of a group, such as a part of a school or club
with us – the tour operator, being Pragmacus Limited NZBN 94 290 5027 2211 trading as Pack Ya Bags Travel (email info@packyabags.com; phone +64 9 372 2506; post Tauranga, New Zealand)
1. Our contract with you
When you book a tour with us, you represent and agree for yourself and for everyone on whose behalf you make a booking that:
- You have read, understood and accept these booking conditions;
- You consent to our use of information in accordance with our Privacy Policy;
- You are 18 years of age or over;
- you are a resident of New Zealand and will travel on a New Zealand passport.
We promise to provide you with the tour you book, subject to these booking conditions.
2. The booking
The booking process is:
i) You choose the tour and make the booking. You provide the details we require.
ii) We confirm tour availability, tour price and details with our suppliers and issue you a booking confirmation and invoice. We reserve the right to not issue a booking confirmation.
iii) You check the details such as names, dates and timings are correct in the booking confirmation, and advise of any changes.
iv) If the tour is to depart more than 60 days after the issue of the booking confirmation, you must pay the deposit specified by the date specified, and the balance of the tour price by the date specified.
v) If the tour is to depart 60 days or less than the issue of the booking confirmation, you must pay the full tour price specified by the date specified.
vi) On receipt of the deposit (or if the full tour price, as applies), we will be legally bound to provide the tour and you will be legally bound by these booking conditions.
vii) If we do not receive the deposit or the balance of the tour price or the full tour price (as the case may be) before the date or dates specified, we reserve the right to treat your booking as cancelled and cancellation charges may apply.
viii)Be aware that some confirmed bookings may not be transferable to another date or otherwise changed. Alternatively, a change may only be permissible subject to payment of an additional fee or charge. If you think this a possibility when making a booking, please raise this with us when making the booking.
3. Tour Prices and Payments
Our tour prices:
- Are quoted in New Zealand Dollars.
- Are based on twin share accommodation.
- Are subject to change, according to demand, market conditions, availability, supplier charges, taxes, and adverse currency fluctuations.
- Are current at the time of booking.
- Do not include surcharges which apply to payments by credit card.
Payments are:
- To be made as and when required in the booking confirmation.
- Made by funds transfer or credit into our nominated bank account.
- Not received until funds are cleared.
We may impose price surcharges.
4. Price inclusions and exclusions
Each tour has its own list of price inclusions and exclusions. It is your responsibility to check the list of exclusions, and plan appropriately.
The inclusions may be accommodation and ground transport during the tour, airport transfers, some or all meals, some or all excursions, use of equipment, group and luggage transfers, service taxes.
The exclusions may be international and domestic flights, travel to the place of departure and from the destination, pre and post travel arrangements, some excursions, passport and visa fees, COVID-19 tests, vaccination and quarantine, arrival and departure taxes, some meals and refreshments, travel insurance, excess baggage, telecommunications, laundry, room service and gratuities.
5. Price Surcharges
We reserve the right to impose price surcharges up to 28 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the tour price and you will be responsible for the balance.
If any surcharge results in an increase of more than 10% of the tour price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
6. Your details
You must provide all requested details when making the booking. Details may include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date.
You must also provide details of any pre-existing medical conditions which may affect your ability to complete your travel arrangements. On some more physically demanding tours we also require you or your medical practitioner to complete a self-assessment form.
The details you provide will be treated as personal information under our Privacy Policy.
7. Cancellation by you
If you cancel some or all portions of your tour prior to departure, these cancellation terms will apply:
- A cancellation will only be effective when we receive written confirmation from you.
- If you cancel your booking:
i) More than 60 days prior to departure, we will retain the deposit amount as a credit against a future tour; or
ii) 60 days or less prior to departure, we will hold 70% of the tour price paid by you in connection with the booking as a credit against a future tour and apply the remaining 30% of the tour price paid by you towards irrecoverable costs such as administrative costs and supplier cancellation charges for the tour, applicable to your booking; or
iii)14 days or less prior to departure, we will apply the tour price paid by you towards irrecoverable costs such as administrative costs and supplier cancellation charges for the tour, applicable to your booking.
- A credit given under this clause has an expiry date of 2 years after the confirmation of cancellation is received, and may be applied towards any other available tour offered by us. The credit is not transferrable or redeemable for cash.
You are strongly advised to take out cancellation insurance at the time of booking to cover cancellation charges.
If you fail to join a tour, join it after departure, or leave it prior to its completion, no credits will be provided, no refund will be made for unused tour services.
These cancellation terms independent of any fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees.
Please note the information about your rights under Australian Consumer Law which may apply to your cancellation in these booking conditions.
8. Cancellation by us
If we cancel the tour, other than for a Force Majeure Event, you can transfer the tour price paid to an alternate tour or receive a refund.
If we cancel the tour due to a Force Majeure Event before departure, we can offer you a choice of:
i) a 100% credit of the tour price paid; or
ii) a refund of the tour price, minus unrecoverable costs.
If we cancel due to a Force Majeure Event after departure, we can offer you a choice of a pro-rata:
i) a 100% credit for the days that remain on your tour; or
ii) a refund minus unrecoverable costs of the days that remain on your tour.
Any credit resulting from a cancellation under this clause:
- has an expiry date of two years after the date of cancellation;
- may be applied towards any other available tour offered by us;
- is not redeemable for cash.
A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; volcanic eruption, tsunami, epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, which is an event beyond the reasonable control of the parties, whether or not foreseeable, and which would make it dangerous or not viable for a tour to commence or continue.
In the event of any cancellation, neither party may make a claim for damages against the other and we are 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.
9. Booking amendments
Transfers to a third party or an alternative tour are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the tour. Certain fees may apply.
No amendments are permitted to your booking within 28 days of departure.
10. Age, Health & Other requirements
Minimum Age: For the majority of our tours, the minimum age is 15 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Maximum Age: For the majority of our tours, we have no upper age limit though we remind you that some of our tours can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Other requirements: You must inform us regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access requirements when making a booking. If you do not specifically inform us, we will assume that you do not have any such requirements, and the booking will be made on that basis. We will pass on your requirements to the Supplier and will endeavour to have your requirements met, but we cannot guarantee that they will be met and will have no liability to you if they are not met.
11. Waiver
Due to the nature of some of our tours, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, indemnity or release form by a third-party supplier who is helping to run your tour. Refusal to sign such waiver, indemnity or release may result in your being denied participation in that part of the tour.
12. Passport and visas
It is your responsibility to obtain and keep with you all the required documentation and identification required for entry, departure and travel to each country or region you visit on your tour. This includes a valid passport and all travel documents required by us and/or the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies.
Your passport must be valid 6 months after the scheduled date of return to New Zealand. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or keep with you proper travel documentation.
13. Travel insurance
Travel insurance is mandatory for all our travellers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of these categories of cover.
We also strongly recommend your travel insurance covers cancellation, curtailment, personal liability and loss of luggage and personal effects.
You must provide your travel insurance cover confirmation, including policy number and the insurance company's 24-hour emergency contact number on the first day of your tour. You will not be able to join the tour without these details.
If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.
14. Change of itinerary
You appreciate and acknowledge that the nature of this tour requires considerable flexibility. The itinerary provided for the tour (as appears on the booking confirmation) is carefully prepared, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
While we endeavour to operate all tours according to the itinerary issued, we reserve the right to change the tour itinerary. We will inform you of any changes to your itinerary as soon as we become aware of them.
Before departure: If we make a major change to the itinerary before departure, we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on that portion of the tour only or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events or a Force Majeure Event. If so, the additional cost of any necessary itinerary alterations will be covered by you.
Please note we are not responsible for any incidental expenses that may be incurred as a result of any change in itinerary including but not limited to visas, vaccinations or non-refundable or non-changeable flights.
15. Authority on tour
Our tours are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the tour. If you fail to comply with a decision made by a group leader or interfere with the well-being or mobility of the group, the group leader may direct you to leave the tour, with no right of refund.
You must at all times comply with the local laws, customs, foreign exchange and drug regulations of all countries visited.
16. Acceptance of risk
You acknowledge that the nature of the tour may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in your daily life.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your tour.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
17. Liability
The services we provide, including the tours (“Services”) may come with guarantees under Consumer Guarantees Act in New Zealand.
The following liability exclusions and limitations apply.
- (Exclusion of Liability) To the maximum extent permitted by law we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the Consumer Guarantees Act in New Zealand.
- (Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
- (Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
- (Third Party Suppliers) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our tours as agent for these third parties (Third Party Supplier).
Third Party Suppliers may also engage the services of local operators and sub-contractors.
Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by the Third Party Suppliers and you may be required to sign a Waiver. This may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of the Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
(Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
18. Optional excursions and activities
Optional excursions and activities not included in the tour price do not form part of the tour or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional excursions or activities (including before or after a tour) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
19. Claims & complaints
If you have a complaint about your tour please inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
20. Severability
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
21. Privacy policy
Any personal information that we collect about you will be handled in accordance with our Privacy Policy and may be used for any purpose associated with the operation of a tour. In making this booking you consent to this information being passed on to the relevant persons such as our agents, service providers or other suppliers to enable us to operate the tour or, if permitted by any relevant Spam laws, to send you marketing material in relation to our events and special offers.
22. Applicable law
New Zealand law governs the formation, validity, construction and performance of the Agreement. The Agreement is subject to the non-exclusive jurisdiction of the New Zealand courts, and the parties submit to that jurisdiction.
23. Special Conditions
For some tours, Special Conditions apply, which supplement or vary these Standard Terms and Conditions. If there are any Special Conditions, they will be listed as part of the tours and also will be made available to you for review and acceptance before any bookings are made.