NZ 0800 946 543
AUS 1800 11 4881
INT’L +64 3 768 6649

Terms of Trade


Our Terms of Trade -

You'll see a number of tour and trading names for various types of tours. These Terms of trade cover all of them. Our legal company name is Gold Coast NZ Tours Ltd. We also trade under the names:
 New Zealand Discovery Adventures  |  Wild West Adventure Company |   West Coast Rail Trails | 
West Coast Wilderness Trail Outfitters

First, some IMPORTANT POINTS before you make any booking. 

1. Your booking is subject to these Terms of Trade.
 
2. These Terms of Trade should be read in conjunction with the sales page on our website, or brochure, that sets out basic details relating to a Product (“Product Sales Details”).  These Terms of Trade and the Product Sales Details make up your contract with us and from this point on, all references to our Terms of Trade include the Product Sales Details. 

3. You should read these Terms of Trade carefully and make sure you understand them before you make your booking.  When you make a booking through us, you represent to us that you have authority from all persons on whose behalf the booking is made to make the booking on their behalf and that you and they agree to be bound by these Terms of Trade. 

4. These Terms Apply to bookings made for our Products even if booked on your behalf through another agent.

5. Our Terms of Trade will apply whether you book one or more of our Products directly through us or through an agent where we have authorised them to act as a retailer of our Products.  Each Product includes one or more activities or tours or services (all called “Activities”) operated by us or by third parties or by us and by third parties or includes vouchers for Activities. Where more than one Activity is involved, the Product will be a package (“Package”).

6. We act in several different capacities:
  1. Booking Agent in relation to third party activities/tours:  we are only a booking agent where we sell a Product that comprises a single Activity that is operated or provided by a third party or where in a Package, there are optional third party Activities (“Options”) that you elect to book that aren’t part of the standard Product Package.  In either case, we aren’t the supplier.  We may do the booking for you but the third party is the supplier and your contract for the supply of the Product is with the third-party.  This is so even if you receive an invoice from us.  We collect the payment for the third party.
  2. Tour Operator:  this is where through us or an agent you book a Product that we operate (no third party is involved) or where a Package includes Activities operated or provided by third parties (but not Options – see previous paragraph).  In that case, we are the Tour Operator and subject to these Terms of Trade, we accept responsibility for the Product even though a third party may actually operate or provide the Activity. 
7. Commission payable to us

Where any booking involves an Activity operated or provided by a third party, we may receive a commission from them for having made the booking on your behalf.

8. Third Party Terms apply as well as our Terms of Trade
a). Where a third party supplies a Product, or an Activity that is part of a Package, that you book through us, the booking is subject to the terms of the third party as well as to these Terms of Trade, and there will be a link on our website to the third party’s terms. 
b) In that case, our Terms of Trade will be deemed to include the third party terms, which are to be read together with our Terms of Trade.  If there is any conflict between our Terms of Trade and a third party’s terms, our Terms of Trade will prevail except that where a third party’s cancellation provisions are stricter than the cancellation provisions in our Terms of Trade, the third party cancellation terms will prevail. 
 
9. When do you have a firm booking?
a) Where you book a Product where we are the sole operator (no third party is involved), a binding contract comes into force between you and us when you have completed your booking and our payment requirements have been met.
b) Where you book a Product that includes an Activity from one or more third parties, even if we are also involved as an operator, then once you have completed your booking, and we have confirmed to you the availability of the Product on your requested date(s), and our payment requirements have been met [insert link to payment section below], a binding contract comes into force:
i) between you and us for the supply of the Product where we are the Tour Operator,
ii) between you and each third party operator where we are only a Booking Agent,
iii) between you and us for our services as a Booking Agent where we act as a Booking Agent.
  1. Confirming Bookings for third party activities.
a) When you first make your booking we can’t guarantee that a third party Activity that you book will be available on the particular date(s) that you want.  For example, some components of the booking may have a minimum numbers requirement or you may find that some dates have already filled up so. 
b) In relation to a third party Activity, we are dependent on the third party confirming the availability of the  Activity on the date(s) that you have chosen.
c) As soon as they confirm your date requested is available we will confirm this to you. Your booking is not confirmed until you receive this confirmation notice from us and our payment requirements have been met.
 
  1. Cancellation Fees – Refunds
a) Once a binding contract has come into force for your booking, you have no right change it without this being agreed by us and/or any third party provider and if you cancel your booking or any part of it or don’t turn up for any part of it, you may not be entitled to any refund and you may be liable for the full price of the Product.
b) Note that where a third party’s cancellation provisions are stricter than the cancellation provisions in our Terms of Trade, the third party cancellation terms will prevail over our Terms of Trade.
c) No cancellation by you will be effective unless we have communicated back to you that we have received the cancellation.

Other terms

  1. Prices & Inclusions
a) All fees and Product prices are in New Zealand Dollars and include Goods and Services Tax. 
b) Where a booking includes any Activity operated or provided by a third party, prices can change without notice up until the time that we have confirmed your Product date(s) with you, you have completed our payment requirements, and we have confirmed that your booking is complete.  [insert link to Time that your booking is effective]
c) In relation to Products that include an Activity operated or provided by a third party, we sometimes find that the Activity isn’t available or that the third party has made some changes to it.  In that case, we will advise you and if any change is required to the Product, we will advise you.  You can then decide whether or not to complete your booking.
d) When making a booking, it may be possible for the precise make up of a Product to be changed to meet your needs.  For example, the Product or a part of it may be for a specified number of days but you may want to extend that by a day or several days.  In that case, once the price has been confirmed to you (and the availability of the extra day(s), you can complete your booking.
e) Though you have no right to make changes once a binding contract has come into force, if we agree or any third party agrees to any changes to any Product, that may require an adjustment to the price, in which case we will issue you with a replacement or additional invoice as may be appropriate.  Where our payment terms require full payment on booking [insert link to Payment], the changes won’t be effective until you pay in full any additional cost.

Payment

  1. There are several ways to make a booking payment:
a) By credit card through our website – this is the only way in which payment can be made through the website though if you would prefer to pay by some other means, please telephone us or email us at bookings@fun-nz.com.
b) Telephone us with your card number.
c) By direct credit to our bank account.
 
  1. Where you book a Product where we are the only operator (no third party):
a) If you book using a credit card that we accept, we don’t take any money off your credit card until the date that the Product (or the first Activity if you have booked a Package) commences UNLESS it’s a booking for more than $350 per person or includes accommodation or public transport or other suppliers.  In the latter case, we will contact you to confirm the price and get authorisation from you to debit your credit card accordingly.  Note that unless otherwise expressly stated in these Terms of Trade, if you cancel a Product or any part of it once booked or you don’t turn up for a Product or for any part of it, your credit card will be debited with the price of the Product.
b) Should you wish to pay for the Product by any other means, payment will be required in full.  Note that unless otherwise stated in these Terms of Trade, if you  cancel a Product or any part of it once booked or you don’t turn up for the Product or any part of it, all payments are non-refundable.

    15. Where you book a Product where one or more third parties are operators (even if the Package includes an Activity where we are an operator):
a) Payment must be paid in full by a credit card that we accept or by direct credit to our bank account, except that where the booking is for more than $350.00 per person or includes accommodation or public transport or other suppliers, we may agree to accept payment of a deposit by a credit card that we accept with your credit card to be debited with the balance of the price 60 days prior to your first booked date.  Please feel free to contact us in that regard.   
b) Note that unless otherwise expressly stated in these Terms of Trade, once booked, if you cancel a Product or any part of it or you don’t turn up for a Product or any part of it, all payments are non-refundable.  If you have only paid a deposit, the balance of the price will be payable in full.
 
   16. Cancellations by You or Changes made by You

Once a binding contract comes into force for the Product:

a) if you cancel your booking or any part of it or don’t turn up (including for any part of it) , you may not be entitled to any refund and you may be liable for the full price of the Product;
b) if you want to make changes to your booking, then certain charges may apply – these will be set out in the Product Sales Details.

The following terms relating to cancellation by you apply and prevail over the cancellation provisions in any third-party Terms except where the third-party Terms are more stringent than our cancellation terms.  (For example, if our terms allow cancellation within 45 days but third party Terms in relation to a particular Activity only allow cancellation within 30 days, the third party terms will apply.)

  1. Cancellation Policies in relation to cancellations by you:  There are three cancellation policies depending on what you are purchasing.  Note that the cancellation policies reflect that in some cases, a Product has been priced at a much cheaper level than would otherwise be the case.
  1. Any Product where the cost per person doesn’t exceed NZ$600 per person and which doesn’t include any accommodation or transport:  
a) Its free to cancel the Product up to 72 hours prior to your first booked date.  
b) Once inside the 72 hours, if you cancel or don’t turn up for any reason, you will be charged in full (and if you have paid, you won’t be entitled to any refund). 
 
      19. Any Product where the cost per person exceeds NZ$600 per person or that includes accommodation or transport:
a) If you cancel within 30 days prior to your first booked date you will be charged in full, and won’t be entitled to any refund if you have made any payments.
b) If you cancel within 30 - 60 days prior to your first booked date, you will only be charged for 50% of the price for the Product (or if you have paid, you will be entitled to a refund of up to 50% of the price of the Product). 
c) If you cancel more than 60 days before your first booked date, you will only be charged for 10% of the price of the Product (or if you have paid, you will be entitled to a refund of 90% of the price of the Product).  
d) If you don’t turn up for any reason for your Product or for any part of it, you won’t be entitled to any refund.

These cancellation provisions apply because more expensive tours take a lot more planning and may involve other organisations such as helicopters or trains or specialist guides so cancellations often leave us with considerable expense that we have to pass onto you. 

  1. When purchasing accommodation only: 
a) If you cancel within 30 days prior to your first booked date you will be charged in full, and won’t be entitled to any refund if you have made any payments. 
b) If you cancel within 30 - 60 days prior to your first booked date, you will only be charged for 50% of the price for the accommodation (or if you have paid, you will be entitled to a refund of 50% of the price). 
c) If you cancel more than 60 days prior to your first booked date , you will only be charged for 10% of the price for the accommodation (or if you have paid, you will be entitled to a refund of 90% of the price for the accommodation). 
d) If you don’t turn up for any reason for your accommodation, you won’t be entitled to any refund.
 
  1. Cancellation and credit card fees when you pay by credit card.

Banks and Website Payment Portal providers charge fees when you pay by credit card.  Unless otherwise specified in these Terms of Trade, we absorb this fee and don’t pass it on to you.  However, if you cancel your booking for any reason, we still have to pay these transaction fees.  Accordingly, in those circumstances, those fees will be deducted from any refund that is payable to you by us (or if you haven’t yet made a payment, they will be debited against your credit card).  Note that to avoid this, you could pay by internet banking.

  1. Cancellations by Us where we are the sole operator (no third party involved)

Should we have to cancel any Product or any part of it where we are the sole operator, we will use our best endeavours to offer you an alternative Product, or similar Activity to the part cancelled, of similar value.  If there’s an additional cost, we will cover this and there will be no additional charge to you..  If you don’t confirm acceptance of the alternative within that time specified by us, we will refund any payment made by you on account of the Product or the part cancelled. 

  1. Delays and Cancellations by Third Party operators

Whether or not we are the Tour Operator, we have no control over whether or how a third party operator provides an Activity.  For that reason, even where we are the Tour Operator, there are some situations where we can’t accept any liability. One situation,  which is only an example, is where a third party operator delays in providing any Activity – we accept no liability in that case.

  1. Where any third party who operates a Product or an Activity that is part of a Product cancels the Product or an Activity and we are the Tour Operator:
a) We will use our best endeavours to have the third party offer you an alternative Product, or similar Activity to the part cancelled, of similar value.  If there’s an additional cost, you will be required to pay it.  If you don’t confirm acceptance of the alternative within that time specified by us, we will refund any payment made by you on account of the Product or the part cancelled less a 10% administration fee. 
b) If the third party can’t offer such an alternative, we will refund any payment made by you on account of the Product or the part cancelled less a 10% administration fee unless the Product or Activity has been sold on special terms that provide otherwise e.g. a Product or Activity may be sold at a heavily discounted price on the basis that there will be no refunds. 
c) Where we aren’t the Tour Operator and are only a Booking Agent, we will use our best endeavours to have the third party offer you an alternative Product, or similar Activity to the part cancelled, of similar value.  If there are additional charges, you will be required to pay them.  If you don’t confirm acceptance of the alternative within that time specified by us, we will request the third party to refund any payment made by you on account of the Product or the part cancelled. 
 
  1. Pre-paid Vouchers for activities/tours
a) You can purchase vouchers through our website for various Products.  Alternatively, you can redeem with us vouchers for various Products where you have purchased the vouchers elsewhere.  The vouchers will state that they can be redeemed through us.
b) When you have purchased a voucher for a Product that is redeemable through us, you will need to contact us so that we can make your booking for you, subject to the availability of any Activity that is included in the Product on the date(s) requested by you.  We can’t guarantee that an Activity  to be provided by a third party will be available on the particular date(s) that you want because some Activities have a minimum numbers requirement or you may find that some dates have already filled up so.  For third party Activities, we’re dependent on the third parties confirming the availability of dates.  You need to be reasonably flexible as to when you can travel, which is why the vouchers give you some time to use them. 
c) Where a voucher relates solely to a Product that we operate, with no third party involvement, only our Terms of Trade will apply.  Where the Voucher includes any Activity operated by a third party, both our Terms of Trade and the terms of the third party will apply. [insert link to section on Third Party Terms apply as well as our Terms of Trade]  In either case, the contract for the Product comes into force when you have redeemed the voucher through us and made your booking on a date or dates that are available.  Where the voucher is purchased through a third party site the third parties site terms will also apply.
d) Vouchers relating to Products where we are the sole operator include the following specific terms:
e) Vouchers must be redeemed within the period stated in the Vouchers.
f) Once purchased, vouchers are non redeemable i.e. you can’t exchange them for money.  This also means that you can’t for any reason get a refund, including where you don’t turn up for any Activity or the voucher expires unused.
g) Vouchers can only be used by the person who's name is registered when you purchase the voucher (this is to stop people reselling them).
h) Once we have confirmed a date for you, a voucher is regarded as redeemed and can’t be used again, even if you cancel or don’t turn up.
i) Vouchers issued by third party operators may have similar terms to those specific terms as well as other terms.  When you purchase a voucher through our website for a third party Activity, there will be a link to the terms upon which the third-party provides the Activity.
j) You should check all relevant terms and conditions relating to the vouchers before purchasing them to ensure they meet your requirements. 
k) We recommend that you don’t book any connecting travel until we have confirmed your date(s) to you.  We won’t be responsible if you book connecting travel before our confirmation of the date(s) and we can’t  provide you with a date or dates that connect with other travel that you have purchased.
 
  1. Weather risk may be yours where the Product to which the voucher relates is significantly discounted.  (For more on this, see below.)

For some vouchers that cover significantly discounted Products, the weather risk is yours. This will be indicated in the Product Sales Details. In some reduced price offers we may reduce the price in exchange for you taking the weather risk.  If any Activity that is included in a Product where the weather risk is yours can’t go ahead for any reason, then you don’t get a refund or a replacement activity.  

  1. Money Back Guarantee where we are the Operator

Where we are the sole operator of a Product that you have booked (we provide the services that make up the Product and there’s no third party operator), then subject only to the provisions of these Terms of Trade, we will refund to you all your money for the Product if you aren’t fully satisfied with the Product, no hard feelings. And we don't argue!  

  1. Insurance

We strongly advise that you obtain comprehensive travel insurance that includes reimbursement to you for when unexpected events prevent you from being able to participate in any Product that you have booked through us. Some Packages may require you to have travel insurance.

  1. Baggage and Personal Effects
a) Subject to any limitations in the Carriage of Goods Act 1979, we accept any responsibility for damage to or loss of any baggage or personal effects where we are the sole operator of the Product where there has been lack of reasonable care by the operator of the Product or of any part of it.  Otherwise, we don’t accept any responsibility for damage to or loss of any baggage or personal effects.
b) When a Third Party is carrying your Baggage and Personal Effects then Subject to any limitations in the Carriage of Goods Act 1979, then responsibility for damage to or loss of any baggage or personal effects is as specifies in the third parties terms and conditions.
c) In some instances, such as us carrying your bikes, we may ask you to sign a carriers Contract where your goods are carried at owners risk in which case the carrier is not liable for any unintentional loss or damage.
d) In any event, it would be prudent if you were to arrange appropriate insurance cover. 
 
  1. Keeping You Safe 
a) By making a booking, you represent to us that you and anyone else on whose behalf you make the booking is in sufficiently good health to undertake all Activities that comprise the Product that you have booked.
b) You must notify us if you have or if any person on whose behalf the booking has been made has any disability or medical condition that may affect any part of the booking so that we can be sure, or that we can ask any third party operator to be sure, that the needs of the person concerned can reasonably be accommodated and that they won’t be at added risk due to their disability or medical condition.  Your booking may not be accepted if there is any serious doubt as to whether your needs or the needs of any other person on whose behalf the booking has been made can reasonably be accommodated or as to whether you or they will be at added risk. 
c) If you have or any person on whose behalf the booking has been made has any disability or medical condition that arises after the booking that may affect any part of the booking, you must notify us so that we can be sure, or that we can ask any third party operator to be sure, that needs of the person concerned can reasonably be accommodated and that they will not be at added risk due to their disability or medical condition.  Your booking may be cancelled if there is any serious doubt as to whether those needs can reasonably be accommodated or as to whether the person concerned will be at added risk.  In that case, you would get a full refund of any money paid by you for the booking subject to any terms and conditions that may be attached to the Product. 
d) On arrival at adventure sites, you may be asked to fill in a medical declaration form. Medical conditions don’t necessarily mean that you can’t go participate in the Product that you have booked.  The form will be to help the operator (which may be us or a third party, depending on who is providing the particular Activity) to make informed decisions about keeping you or any person on whose behalf the booking has been made safe during participation in the Product.  If you have any questions about your ability or the ability of any person on whose behalf the booking has been made to participate in a Product or any part of it, please contact us prior to making a reservation.  The form may include a declaration by the operator to do its utmost to keep participants safe but adventure activities have some degree of risk and the form may require you and any person on whose behalf the booking has been made to confirm that you and they understand this and accept this risk.  The form may require you and any person on whose behalf the booking has been made to agree that the operator can withdraw you or them from a Product or part of it if the operator thinks that you or they are likely to be a danger to yourself or themselves or to others.
e) In order to keep participants safe, we reserve the right to alter a Product or part of it during its operation for safety reasons and third parties may have similar rights under their Terms.  .  Prior to the commencement of the Product departure (or the departure of an Activity that forms part of a Packag,  if we feel we can still operate the Product or a part of a Package where we are the operator but that it requires some changes for safety reasons, we will discuss this with you at check in time but prior to departure so that you (on behalf of all persons on whose behalf you have made the booking) have the opportunity to pull out of the Product or the part of it and get a refund of the Product or the part of it that has changed, prior to departure.  Our money back guarantee [insert link to para above dealing with money back guarantee] won’t apply in relation to an Activity where you agree to the changes and once you and the other persons on whose behalf you have made the booking have completed the Product or the part of it, you or any of the other persons on whose behalf you have made the booking decide you or they didn’t like them - no refund will be provided.  An example of where changes might be required is where river levels are too high or low on the day for the trip you have chosen - we may go to a different river that has the correct levels to give you a great trip.  
f) You may find that any third party operator has terms allowing them to make changes in similar circumstances.  The Third Parties Terms and Conditions have precedence over these Terms and Conditions as we do not have control over them.
 
  1. Liabilities 
​​​​​​a) When you book a Product or an Option [insert link to definition]as part of a Product where we are only a Booking Agent [insert link to definition], the only service that we provide to you is to facilitate the booking for you.  In that case, though we will use our best endeavours to help you to resolve your issues with any third party operator, we don’t accept any liability to you in relation to the Product or the Option.  Your contract is with the third-party for the supply of the Product or the Option and you must look to the third-party where you have any form of dispute or dissatisfaction or claim.
b) When you book a Product where we are the sole operator or the Tour Operator [insert link to definition] and you do so for your personal use or hold yourself out as acquiring the Product for your personal use, certain guarantees are implied for your benefit under the Consumer Guarantees Act 1993.  However, where you acquire our service as a Booking Agent or as an operator in trade, the Consumer Guarantees Act  is contracted out of and doesn’t apply and any liability that we may have to you for any reason (whether in contract, negligence, under statute or otherwise) is excluded to the maximum extent permitted by law and to the extent to which it can’t be excluded, is limited to the total amount of your booking. 
c) Neither we, nor any director or employee of ours, will be liable to you under any circumstances or for any reason (including in contract, or for negligence or otherwise) for:
d) any event beyond our or their control, other than as expressly set out in these Terms of Trade; or
e) any loss that isn’t a direct consequence of and a reasonably foreseeable consequence of any breach of any legal obligation or duty by us; or
f) any loss of income or profit or goodwill that you may suffer as a result of any breach of any obligation or duty by us; or
g) any injury or death caused where we are the sole operator if we haven’t been negligent or otherwise in breach of any legal obligation or duty by us;
h) any injury or death caused while you are participating in any Product or Activity where any third party is the operator whether or not we are the Tour Operator [insert link to definition], because we have no control over the actions or omissions of any third party who is the operator.
 
  1. Contracts Privity

In accordance with Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017, any provision in these Terms in favour of any director, employee, or agent of ours is intended to be enforceable by them.  Nevertheless, these Terms of Trade may be varied at any time without their consent.

  1. Privacy

By agreeing to these Terms of Trade, you agree to the terms of our Privacy Policy.  [insert link] 

  1. NZ Law

You contract with us will be governed by and interpreted in accordance with the laws of New Zealand and we each agree that the New Zealand Courts will have sole jurisdiction over any issue between us whether relating to this contract or to any civil or criminal liability.


35. This websites relationship with you:
New Zealand Discovery Adventures merely administers the website "www.fun-nz.com" (the "site") and is not a representative of the owners or operators nor a party to any bookings you make on this site with third parties. We facilitate the booking for you but your relationship is directly with the products owner. The terms and conditions set out above may be overlayed by the product operator or owners own terms and conditions.   Any dispute between the products owner or operator is a matter between those parties and New Zealand Discovery Adventures will not be involved.



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NZ 0800 946 543
AUS 1800 11 4881
INT’L +64 3 768 6649