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Terms of service

OVERVIEW
This website is operated by Canterbury Trails. Throughout the site, the terms “we”, “us” and “our” refer to Canterbury Trails. Canterbury Trails offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

Price & Surcharges

All of our prices are in NZD (unless stated otherwise) and include Goods and Services Tax at 15%. Quoted prices do not include credit card fees of up to 2.9% of the tour value or a minimum of $3.

We accept the following credit cards:

  • Visa
  • MasterCard

Personal cheques are not accepted.

Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website; note that prices may vary depending on which currency the booking is made.

Inclusions

The land price of your trip includes:

  • all transport listed in the Essential inclusions section of your itinerary
  • sightseeing and meals as listed in the inclusions section of your itinerary
  • the services of a group leader as described in the itinerary


Exclusions 

The land price of your trip does not include:

  • international or internal flights unless specified
  • airport transfers, taxes and excess baggage charges unless specified
  • meals other than those specified in the inclusions section of your itinerary
  • visa and passport fees
  • travel insurance
  • optional activities and all personal expenses

 

Your Details

For us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.

 

Weather cancellations

Canterbury Trails does not cancel tours due to forecast bad weather unless it poses a Health and Safety risk to customers, staff and equipment. It is up to the customer to check the weather forecast for the tour locations they have booked for and to make their own judgement call on whether or not they want to go ahead with the tour. We will not offer refunds unless we cancel the tour.


Tour Instructions / Itinerary

Most of our tours run to a pre-planned itinerary or schedule. This includes private tours. We must stick to these itineraries for the benefit of all customers booked. If you are late back to a pickup or stop location, then you maybe left behind. All additional costs will be at your expense. If you are unsure what your next departure time is please ask your driver. There is more flexibility on private tours as long as it stays within the legal drivers hours and requirements.


Age & Health requirements

For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding, and passengers must ensure that they are suitably fit to allow full participation. Canterbury Trails must be advised of any prior medical conditions or food allergies at time of booking.

Not everyone has to partake in all activities. If you feel uncomfortable you are more than welcome to sit activities out.


Health & Safety – Risk Disclosure

All tours have inherent risks involved and can be dangerous. By booking a tour with Canterbury Trails, you agree that you understand and accept the risks of the tour and agree to participate.

All tour participants accept that Canterbury Trails is not responsible for any injury or damage incurred during a Canterbury Trails tour or a third parties tour/activity/attraction either booked by Canterbury Trails or that makes up part of a Canterbury Trails tour and agree to participate at their own risk. Many of Canterbury Trails tours operate in areas that may be remote, have rapidly changing and sometimes extreme weather, have difficult to access paths, uneven or steep terrain, moderate to high fitness requirements or be close to or on cold water. While all safety precautions are taken, it is the participants responsibly to ensure they have brought with them appropriate clothing and have the appropriate fitness/skill level for each tour. Participants of tours must advise Canterbury Trails of any health or fitness issues that may affect their ability to participate in their booked tour/activity or may risk a tours timing or operational requirements in writing via the contact us page on our website or email within 12 hours of booking a tour. Canterbury Trails recommends consulting with a team member about any health concerns they may have before booking.

Canterbury Trails reserves the right to cancel or alter a participant’s tour if we feel an activity or part of an activity may risk the health and safety of the individual or adversely affect the tour’s operation. No refunds will be given to participates in these circumstances when the participant has not advised Canterbury Trails of health issues, the severity of the health issue or have consulted with Canterbury Trails about the health issue and decided to continue with the tour anyway.

Canterbury Trails is not responsible for health and safety of passengers that are participating in third party activity/attraction, including third party activities that are booked by Canterbury Trails or make up part of a Canterbury Trails tour. Health and safety of passengers participating in a third-party activity will be handed over to the company operating the activity or attraction and their guides. Canterbury Trails will pass onto the third-party guides responsible for health and safety any concerns. Be sure to follow the third-party health & safety information.

Upon booking a tour with Canterbury Trails participants agree to accept any risks that may be present at or during a third-party activity or attraction.

 

Travel Insurance

Travel insurance is not mandatory but highly recommended for all our travellers and should be taken out at the time of booking. Your travel insurance should provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. We can assist with organising this if required.

 

Accident Compensation Commission (ACC)

If you are injured whilst in New Zealand, ACC may be able to help with the cost of the treatment and support you need whilst you're here. However, it is important to be aware that you cannot sue for personal injury - ACC replaces that right. Furthermore, ACC only covers treatment and rehabilitation costs whilst in New Zealand; it is not a replacement for travel insurance and does not cover illness, disrupted travel plans or emergency travel to get you back home.

 

Limitation of liability

We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties.  We are not responsible for the acts and omissions of these third parties.

To the fullest extent permitted by law:

  • any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
  • you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
  • any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

 

Local Partners

Canterbury Trails works with highly reputable local specialist operators. These local partners are all passionate about the activities they operate and offer the same high standards as we do. If any issues arise please let us know.

 

Tours operated in conjunction with partners

Canterbury Trails operated some tours in conjunction with partner operators.

The booking system will issue a confirmation when you book one of the above tours. However, this does not mean that the tour is confirmed. Confirmation will be sent manually via email once the partner operator has confirmed their availability and accepted the booking. Please refrain from booking activities, flights, accommodation, etc until you have received this manual confirmation. Canterbury Trails is not responsible for any loss moneys for customer bookings before manual confirmation has been sent.

 

 

Minimum and Maximum Numbers

As is normally the case with group tours, a minimum number of bookings are required for a tour to be financially viable and to have a pleasant group atmosphere. In the event that adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and to offer the nearest possible alternative date, service or full refund.

In the event of a breakdown or other unforeseen circumstances, the operator reserves the right to substitute vehicles other than those specified to ensure the operation of a tour.

Canterbury Trails restricts its max number of guests on tour to 8.

 

Itineraries

Itineraries are subject to alteration without notice and intended as a guide only. We like to let our guests have control of the trip. We can make any changes that are cost neutral based on the groups wishes. We understand not everyone wants to do or see the same things. We will do our best to compromise to keep everyone happy. If there is something you really want to do or see let us know.

Alterations may come about due to road or weather conditions, strikes, public holidays, local festivals and cultural or other reasons. Due to the nature of the terrain and remote areas, weather fluctuations can adversely affect road conditions that may necessitate alterations to itinerary with little or no notice. Any additional expense incurred by such changes will be incurred by Canterbury Trails. Canterbury Trails can give no guarantee as to the exact arrival and departure times for carriers and operators used. Canterbury Trails will not be liable for failure of any other services or attractions beyond its control.

 

CANCELLATION & AMENDMENT POLICY

Canterbury Trails reserves the right to charge a cancellation fee and/or recover all disbursement incurred. 

Day Tours

For day tours, cancellations made with less than 7 days' notice will result in a cancellation fee. Cancellations made between 7 days and 48 hours before departure will incur a 50% cancellation fee, while those made within 48 hours are non-refundable. 

Multi-Day Tours

Multi-day tours require  a notice of more than 30 to departure to prevent cancellation fees. Multi-day tours cancelled within 15-30 days before departure are eligible for a 50% refund.  Tours cancelled within 7-14 days of departure are eligible for a 25% refund. Cancellations made less than 7 days before departure are non-refundable.

Circumstantial Situations

In the event of a local activity or tour cancellation due to unsuitable sea or weather conditions, a partial refund may be issued. It is up to our discretion and based on circumstances including any viable, alternative suggestions we offer given the conditions. 

 

We strongly advise our passengers to secure travel insurance

 

 

Optional Activities Booked on or Pre-Tour

Activities booked on tour will be charged at the best rate we can obtain. Some activities will be charged to you by us others will be charged directly by the activity’s provider. Make sure you read and follow each activity providers terms and conditions carefully.


Smoking

Government regulations forbid smoking in tourist coaches. The vast majority of hostels also are non-smoking, with some having designated smoking areas outside.


Customer Feedback

We know that from time to time things don’t go our way or turn out as planned. If a problem occurs during your tour, then it is in your own best interests to advise your Guide immediately so that steps can be taken to resolve the matter there and then. If you remain dissatisfied, please contact our office.


Your Responsibilities

We are all on tour to have a great time. We aim to keep a fun and friendly atmosphere during all our tours. If you feel like you are not getting that experience, or someone is bullying/ harassing you, we ask that you speak up and let us know.

Canterbury Trails does not tolerate any form of verbal abuse or otherwise, of its personnel or customers. Any person abusing or threatening members of the tour group, including staff, will automatically forfeit their right to onward travel.

There may be times when Canterbury Trails staff or third-party providers have to make a decision in the interests of safety. It is a condition of booking that you comply with the authority and decisions of the appointed representative of Canterbury Trails. If you do not comply with directions or are not compatible with the general enjoyment and well-being of members of the tour, Canterbury Trails reserves the right to refuse to allow you to continue the tour. In such a case Canterbury Trails will not be liable for any refund, compensation or any additional costs incurred by you. Canterbury Trails cannot accept liability for the behaviour of others on your tour nor if any facilities are curtailed as a result of their actions.

 

Privacy policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip.  We will otherwise treat your details in accordance with our privacy policy (available for viewing on our Website).


Media and Photography

You agree that Canterbury Trails or third-party staff may take on tour photographs, audio or video recordings, or other forms of recordings of you while you are a passenger that capture your image, likeness, voice, performance or all of these (“images”) during the course of this activity/tour. These may be used by Canterbury Trails for any promotional and/or downloadable material including but not limited to brochures, adverts, and social media without obtaining any further consent or payment in respect of such photographs and/or films.

The images may be altered, modified, changed, combined or incorporated into other works. You have a right to request access to the images and to correction of those images to ensure they are complete and not misleading. However, you acknowledge that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for Canterbury Trails to make any changes to the Images. Therefore, you authorize Canterbury Trails to refuse the request to correction in such circumstances.

Any comments, reviews or posts made by members on tour will also be able to be used be Canterbury Trails without obtaining any further consent or payment in respect of such content.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service shou